Securing student success: Regulatory framework for higher education in England
Last updated: 24 November 2022
Condition B2: Resources, support and student engagement
Scope
B2.1 This condition applies to the quality of higher education provided in any manner or form by, or on behalf of, a provider (including, but not limited to, circumstances where a provider is responsible only for granting awards for students registered with another provider).
Requirement
B2.2 Without prejudice to the principles and requirements provided for by any other condition of registration and the scope of B2.1, the provider must take all reasonable steps to ensure:
- each cohort of students registered on each higher education course receives resources and support which are sufficient for the purpose of ensuring:
- a high quality academic experience for those students; and
- those students succeed in and beyond higher education; and
- effective engagement with each cohort of students which is sufficient for the purpose of ensuring:
- a high quality academic experience for those students; and
- those students succeed in and beyond higher education.
B2.3 For the purposes of this condition, “all reasonable steps” is to be interpreted in a manner which (without prejudice to other relevant considerations):
- focuses and places significant weight on:
- the particular academic needs of each cohort of students based on prior academic attainment and capability; and
- the principle that the greater the academic needs of the cohort of students, the number and nature of the steps needed to be taken are likely to be more significant;
- places less weight, as compared to the factor described in B2.3a., on the provider’s financial constraints; and
- disregards case law relating to the interpretation of contractual obligations.
Definitions
B2.4 For the purposes of this condition B2:
- “academic misconduct” means any action or attempted action that may result in a student obtaining an unfair academic advantage in relation to an assessment, including but not limited to plagiarism, unauthorised collaboration and the possession of unauthorised materials during an assessment.
- “appropriately qualified” means staff have and maintain:
- expert knowledge of the subject they design and/or deliver;
- teaching qualifications or training, and teaching experience, appropriate for the content and level of the relevant higher education course; and
- the required knowledge and skills as to the effective delivery of their higher education course.
- “assessment” means any component of a course used to assess student achievement towards a relevant award, including an examination and a test.
- “cohort of students” means the group of students registered on to the higher education course in question and is to be interpreted by reference to the particular academic needs of those students based on prior academic attainment and capability.
- “engagement” means routine provision of opportunities for students to contribute to the development of their academic experience and their higher education course, in a way that maintains the academic rigour of that course, including, but not limited to, through membership of the provider’s committees, opportunities to provide survey responses, and participation in activities to develop the course and the way it is delivered.
- “higher education course” is to be interpreted:
- in accordance with the Higher Education and Research Act 2017; and
- so as to include, for the avoidance of doubt:
- a course of study;
- a programme of research;
- any further education course that forms an integrated part of a higher education course; and
- any module that forms part of a higher education course, whether or not that module is delivered as an integrated part of the course.
- “physical and digital learning resources” includes, as appropriate to the content and delivery of the higher education course, but is not limited to:
- physical locations, for example teaching rooms, libraries, studios and laboratories;
- physical and digital learning resources, for example books, computers and software;
- the resources needed for digital learning and teaching, for example, hardware and software, and technical infrastructure; and
- other specialist resources, for example specialist equipment, software and research tools.
- “relevant award” means:
- a research award;
- a taught award; and/or
- any other type of award or qualification in respect of a higher education course, including an award of credit granted in respect of a module that may form part of a larger higher education course,
whether or not granted pursuant to an authorisation given by or under the Higher Education and Research Act 2017, another Act of Parliament or Royal Charter.
- “research award” and “taught award” have the meanings given in section 42(3) of the Higher Education and Research Act 2017.
- “resources” includes but is not limited to:
- the staff team that designs and delivers a higher education course being collectively sufficient in number, appropriately qualified and deployed effectively to deliver in practice; and
- physical and digital learning resources that are adequate and deployed effectively to meet the needs of the cohort of students.
- “sufficient in number” will be assessed by reference to the principle that the larger the cohort size of students, the greater the number of staff and amount of staff time should be available to students, and means, in the context of the staff team:
- there is sufficient financial resource to recruit and retain sufficient staff;
- the provider allocates appropriate financial resource to ensuring staff are equipped to teach courses;
- higher education courses have an adequate number of staff, and amount of staff time; and
- the impact on students of changes in staffing is minimal.
- “support” means the effective deployment of assistance, as appropriate to the content of the higher education course and the cohort of students, including but not limited to:
- academic support relating to the content of the higher education course;
- support needed to underpin successful physical and digital learning and teaching;
- support relating to understanding, avoiding and reporting academic misconduct; and
- careers support,
but for the avoidance of doubt, does not include other categories of non-academic support.
Summary
Applies to: all registered providers
Initial or general ongoing condition: general ongoing condition
Legal basis: section 5 of HERA
Guidance
Condition B2.1
The reference to higher education provided “in any manner or form” includes any higher education course (whether or not that course is recognised for OfS funding purposes, or any other purpose), at any level, and with any volume of learning. This means, for example, that postgraduate research courses, the study of modules or courses leading to microcredentials, and apprenticeships are included within the scope of this condition. It also includes courses provided face-to-face, by distance learning, or a combination of delivery approaches.
This condition applies to any higher education provided “by, or on behalf of, a provider”. This includes higher education provided to all of the students who are registered with a registered provider, taught by a registered provider or studying for an award of a registered provider (or where these services are provided on a registered provider’s behalf). This includes UK-based and non-UK-based students, and courses delivered through partnership arrangements both within the UK and internationally.
The reference to “including, but not limited to, circumstances where a provider is responsible only for granting awards for students registered with another provider” means that a provider is required to comply with the provisions of this condition where it is the awarding body for a course, whether or not that provider has any other role in the design or delivery of that course.
Where a provider is not the awarding body for a course, this condition applies to a course the provider itself delivers, or which is delivered on its behalf, regardless of the identity of the awarding body, whether or not that awarding body is registered with the OfS, or the nature of any partnership agreement. For the avoidance of doubt, this means for example, that a provider delivering, or allowing another provider to deliver, courses leading to a qualification awarded by Pearson is responsible for compliance with this condition in relation to those courses. Similarly, a provider delivering, or allowing another provider to deliver, courses leading to a qualification awarded by another higher education provider, whether that awarding provider is located in England or elsewhere, is responsible for compliance with this condition in relation to those courses.
In practice, these provisions may result in more than one registered provider being responsible for compliance with this condition in relation to the same course.
Condition B2.3
The requirement of condition B2 is expressed as a principle that can be satisfied in different ways. To assist providers in understanding how the OfS may interpret this principles-based requirement in practice, the following paragraphs provide a small number of illustrative examples. These examples are not exhaustive; nor are they provided as rules that, if followed, would constitute compliance with the condition.
“Cohort of students” includes students registered on postgraduate research courses, whether or not those courses are designed for students to study and progress as ‘a cohort’.
“Academic misconduct” includes presenting work for assessment that is not the work of the student being assessed and includes but is not limited to the use of services offered by an essay mill.
Where the condition contains requirements that relate to the staff team for a course, the OfS’s focus is likely to be on the staff team as a whole, rather than on individuals within that team. The staff team includes individuals employed by a provider or otherwise deployed to teach on a course.
The following is an illustrative non-exhaustive list of examples that would not be likely to satisfy these requirements:
A staff team comprised solely of inexperienced teachers is not likely to be appropriately qualified.
A staff team with narrow collective expertise in a subject area is not likely to be appropriately qualified if the range of options available to students extend beyond that collective expertise.
A staff team in which none of the individuals hold a teaching qualification or have been trained to undertake teaching is not likely to be appropriately qualified.
A staff team that is over-reliant on visiting teachers to deliver large or significant elements of a course is not likely to be appropriately qualified.
A staff team that does not conduct research at the forefront of relevant discipline(s) is not likely to be appropriately qualified to provide supervision to research students.
Where the condition contains requirements that relate to learning resources, a provider is expected to fund the provision of these resources, without additional charge beyond the course fee, where this is a reasonable step to take to ensure that the cohort of students registered on a course receive sufficient resources for the purpose of ensuring a high quality academic experience and success in and beyond higher education. A provider may determine the approach it takes to making such resources available to students, for example, by loaning resources to students for the duration of the course.
In relation to “physical and digital learning resources” the following is an illustrative non-exhaustive list of matters relating to ‘physical learning resources’ that would fall within the definition:
Appropriate laboratory and technical resources for STEM subjects.
Appropriate studio, performance, and technical resources for creative subjects.
In relation to “physical and digital learning resources” the following is an illustrative non-exhaustive list of matters relating to ‘digital learning resources’ that would fall within the definition:
Appropriate hardware. Students have, or have reliable and consistent access to, the hardware that allows them to effectively access all course content. Hardware is of the specification required to ensure that the student is not disadvantaged in relation to their peers.
Appropriate software. Students have, or have reliable and consistent access to, the software they need to effectively access all aspects of course content.
Robust technical infrastructure. Technical infrastructure and systems work seamlessly and are repaired promptly when needed.
Reliable access to the internet. Students have reliable and consistent access to an internet connection. Reliability and bandwidth of the internet connection are at a sufficient level to ensure that a student is not disadvantaged in relation to their peers.
A trained teacher or instructor. Students have a trained teacher or instructor who is equipped to deliver high quality digital teaching and learning.
An appropriate study place. Students have consistent access to a quiet space that is appropriate for studying.
In relation to “support” the following is an illustrative non-exhaustive list of matters that would fall within this definition:
Academic support includes support to help students with course content or on placements, to identify and address knowledge or skills gaps, and make decisions about future study choices. It includes, for example, mentor support that disabled students may need to support their learning.
Support needed to underpin successful physical and digital learning and teaching includes support to help students make best use of digital learning.
Support relating to avoiding academic misconduct includes support for essay planning and accurate referencing, and advice about the consequences of academic misconduct.
Careers support includes the information, advice and guidance students need to identify their capabilities and the way in which these may be suited to particular careers, and to articulate these in a way likely to result in successful job applications.
“Support” does not include other categories of non-academic support, for example, the provision of welfare and counselling services for students.
In relation to “engagement” the following is an illustrative non-exhaustive list of examples to demonstrate the approach the OfS may take to the interpretation of this condition:
Membership of, and effective contribution to, the provider’s committees. An absence of student membership of, or effective contribution to, a provider’s governing body may be of concern, depending on the size and corporate structure of the provider. An absence of student membership of, or effective contribution to, a provider’s committees responsible for academic governance and learning and teaching would likely be of concern. An absence of student membership of, or effective contribution to, learning and teaching committees, or course-level committees, in a subject area, or department, would likely be of concern.
Student feedback. Students not given a range of opportunities, either individually or collectively, to provide feedback on their course and the way it is delivered would likely be of concern.
Maintaining academic rigour. Changes, as a result of student feedback provided through any mechanism, to the content of a course, or the way the course is delivered or assessed that, in the reasonable view of the OfS do not maintain the academic rigour of the course would likely be of concern.
Information gathering, assessment of evidence and enforcement
The OfS will use its general risk-based approach to monitoring as set out in the regulatory framework.
Where monitoring activity produces intelligence or evidence that suggests there may be compliance concerns for an individual provider, the OfS may adopt one or more of the following approaches in any order:
Engage with a provider to ensure it is aware of the issues.
Gather further information it considers relevant to the scope of the potential concerns, from a provider or from elsewhere on a voluntary basis, to facilitate an assessment of whether there is, or has been, a breach of one or more conditions.
Use its investigatory powers where that is considered appropriate for any reason.
Where the OfS considers it appropriate to use its investigatory powers it may conduct an investigation itself, or may ask the designated quality body, or another appropriate body or individual, to gather further information it considers relevant. An investigation will normally involve a visit to the provider and interviews with relevant staff and students.
Having gathered further relevant information as necessary, the OfS will reach a view about a provider’s previous and ongoing compliance with the condition. Where the OfS takes the view that there is or has been a breach of the condition it will write to the provider to set out the reasons for its provisional decision and set out the evidence it has used to reach this view. The provider is able to submit any further information it considers relevant in a representations process and the OfS will consider this before reaching a final decision.
Where the OfS has decided that there is, or has been, a breach of this condition, it will consider the use of the full range of its enforcement powers. This includes the imposition of a monetary penalty, suspension of elements of a provider’s registration, for example its access to student support funding or OfS public grant funding, or deregistration. The OfS is likely to require improvement, to mitigate the impact of poor performance on students, or to incentivise future compliance by this and other providers. The OfS will follow any statutory consultation process as it takes enforcement action.
Where the OfS considers there to be an increased risk of a breach or a relevant wider regulatory concern, it may impose one or more specific ongoing conditions of registration and will also consider whether additional monitoring requirements are appropriate, for example, a requirement to report additional matters as reportable events.
Where there is, or has been, a breach of this condition, or the OfS has imposed a specific condition of registration, the ways in which the OfS may take this into account include, but are not limited to, the following:
A provider’s eligibility to participate in the TEF. The OfS will set out in its TEF guidance the way in which a provider’s current and previous compliance with this condition may be taken into account in determining its eligibility to participate in the TEF.
A provider’s existing TEF rating. The OfS will set out in its TEF guidance the way in which a provider’s current and previous compliance with this condition may affect any existing TEF rating.
Regulation of degree awarding powers. Where the OfS makes a final decision that there is, or has been, a breach of this condition, or where the OfS imposes a specific condition of registration due to regulatory concerns under this condition, it will take that into account in the following ways:
Where there is a finding that a breach of this condition has taken place or is ongoing, the OfS will consider using its power under section 16 of HERA to suspend the aspects of the provider’s registration that relate to the authorisation of DAPs and would be likely to suspend the provider’s eligibility to be authorised for new or extended degree awarding powers.
Alternatively, without using the power under section 16 of HERA, in circumstances where a finding has been made that a breach of this condition has taken place or is ongoing, the OfS may decide that the provider is not suitable to be authorised for new or extended DAPs. In a similar way, the OfS may also decide that the provider is not suitable to be authorised for new or extended DAPs where the OfS has imposed a specific condition of registration due to regulatory concerns relating to this condition.
The OfS would take this approach whether or not the authorisation sought is to gain new powers, or extend existing powers, for example by time, level or subject.
Regulation of university, and university college, title. Where the OfS makes a final decision that there is, or has been, a breach of this condition, or where the OfS imposes a specific condition of registration due to regulatory concerns under this condition, it will take that into account in the following ways:
Where there is a finding that a breach of this condition has taken place or is ongoing, the OfS will consider using its power under section 16 of HERA to suspend the aspects of the provider’s registration that relate to the authorisation of university or university college title and would be likely to suspend the provider’s eligibility to be authorised for university or university college title.
Alternatively, without using the power under section 16 of HERA, in circumstances where a finding has been made that a breach of this condition has taken place or is ongoing, the OfS may decide that the provider is not suitable to be authorised for university or university college title. In a similar way, the OfS may also decide that the provider is not suitable to be authorised for university or university college title where the OfS has imposed a specific condition of registration due to regulatory concerns relating to this condition.
The criteria for allocation of OfS public grant funding. In accordance with any separate OfS policies on matters relating to public grant funding, the OfS may decide to take account of a provider’s current and previous compliance with this condition in determining allocations of some types of OfS public grant funding.
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