Access and participation plan variation requests
Criteria for submitting a variation request
Regulatory notice 1 indicates that any change to an access and participation plan constitutes a variation. We are now changing our approach to agreeing when changes to delivery of a plan require OfS approval in order to reduce unnecessary regulatory burden.
Under our new approach, variation requests will be required only for changes that we consider to present a high level of risk in terms of the ambition or delivery of the approved plan, or to equality of opportunity.
Whether or not a provider needs to tell us about a change they are proposing to make, or submit a formal variation request to amend their plan depends on the nature and scale of what’s changing.
To help providers to decide which course of action they need to take, we have split the levels of changes into three tiers. In summary:
- Tier 1: Minor changes
The published access and participation plan should not be altered, but providers can make changes in practice without notifying us or submitting a formal variation request. - Tier 2: Moderate changes
The published access and participation plan should not be altered, but providers can make changes in practice. Providers should notify us about these changes (ideally in advance), but do not need to submit a formal variation request. - Tier 3: Major changes
A formal variation request for approval by the Director for Fair Access and Participation is required.
We have outlined examples of minor, moderate and major changes and the steps providers need to take for each tier below.
Examples
- Correction of spelling or grammar errors.
- Changes to job roles, titles or committee names.
- Changes in leadership or governance structures that alter internal accountability for regulatory compliance.
- Clarifications or wording updates that do not alter commitments or ambitions.
- Minor changes to activities, such as descriptions or activity names.
- Changes to fees under the approved maximum fee limit or introduction of new courses of the same course type but at a fee equal to or lower than that already approved. Please note however, that any fees for new courses must still:
- fall within the prescribed limits; and
- be clearly advertised to prospective students before they commit, including providing information about the total fees required to complete the course.
What providers need to do
- You can make the changes in practice.
- You do not need to tell us about the changes or submit a formal variation request.
- You may wish to consider how you will retain oversight of such changes and relevant decisions so that if required, you are able to explain any changes you have made within the course of plan.
- You should not alter your published access and participation plan, but you should ensure that any supplementary information for current or prospective students (e.g. webpages about activities, fees or financial support) is clear and up to date.
Tier 1 example:
We would like to change only the name of one of our bursary awards. This does not change the eligibility of students that can expect to receive it. Does this require a variation?
No - no amendment to your access and participation plan, email to the OfS or variation request is required, as this is a minor wording change. You should ensure supplementary information for students (i.e. webpages or bursary documentation) is clear and up to date.
Examples
- Changes to intervention strategies which do not change the focus of the activity or materially impact the intended outcomes of a plan.
- Changes to evaluation activity which do not materially impact the intended outcomes of a plan.
- Changes to expenditure where deliverables are unchanged (i.e. due to a reduction in student numbers).
- Timeline adjustments within duration of a plan.
- Collaborative partnership changes which do not materially impact the outcomes of a plan.
- Expansion of financial support amounts or eligibility criteria where these do not result in any students receiving less financial support.
- Minimal changes to student profile (including new courses where there is not a significant change in provision or student intake).
What providers need to do
- You can make the changes in practice.
- You must tell us about the changes (ideally in advance) by emailing [email protected]. Please include the following details:
-
- details of the proposed change(s)
- any relevant context
- a rationale for the changes and why you consider them to be 'tier 2'.
- A brief description for how you will review the impact of any changes to ensure that there is not a materially negative impact on the intended outcomes of a plan.
- You do not need to submit a formal variation request.
- You should not alter your published access and participation plan, but you should ensure that any supplementary information for current or prospective students (e.g. webpages about activities, fees or financial support) is clear and up to date.
Tier 2 example:
We would like to change the eligibility criteria for our bursary for care leavers to include those not formally recognised as care leavers (i.e. care experienced students). Does this require a variation?
No - you must tell us about this change as it is essentially an expansion of financial support, but do not have to submit a variation request. You must ensure supplementary information for students (i.e. student webpages) is up to date and clear.
Examples
- Significant changes to intervention strategies or outputs, or changes which may have a materially negative impact on a provider’s ability to achieve intended outcomes.
- Reduction in ambition or pace of plan.
- Financial support reduction for new entrants.
- Changes to key risks or high-level objectives.
- Changes to targets or milestones.
- Major strategic realignment.
- Significant student profile changes (including new subjects, provision or campuses).
- Significant corporate changes that affect students.
What providers need to do
- You must submit a formal variation request, for approval by the OfS’s Director for Fair Access and Participation. Find out how to submit a variation request.
Tier 3 example:
Due to a change in our student cohort, resulting from increased sub-contractual provision and emerging evidence around student outcomes, we would like to amend our plan to include an additional objective and associated targets to increase support for disabled students. Does this require a variation?
Yes - a formal variation request is required. This is because you have signalled a significant student profile change, and proposed amendments to your targets, milestones and intervention strategies.
Providers will need to make a judgement about whether they need to tell us about a change or submit a formal variation request.
That judgement may depend on a number of factors, including the scale of the change, the impact of the change upon the plan, and the likely impact upon students or risks to equality of opportunity.
A provider’s governing body is responsible for the delivery of its access and participation plan, as such you should ensure that you have followed your internal approach to enabling this.
Other considerations
When deciding whether to request a variation to their plan, providers should also consider the following points:
- Consistency with the existing plan
Do the proposed changes amount to a change in commitments set out in the approved plan? - Impact on ambition and support
Do the changes reduce the level of ambition, slow the expected rate of progress, or lessen the support available to students? - Regulatory compliance
Could the changes affect compliance with other regulatory requirements (for example, those relating to quality, management and governance, or upholding consumer protection)? If this is the case, providers should notify us by emailing [email protected] and may need to consider submitting a reportable event. - Consumer protection law
Changes should normally apply only to new students. Providers must honour the terms, conditions and commitments made to students who are already enrolled. - Information for prospective students
Prospective students should be given sufficient time to consider the changes before deciding whether and where to study (read more about timescales and when to submit a variation). - Previous OfS feedback
Was a variation to the plan specified or recommended by the OfS when the plan was originally approved? - Student consultation
Students must be consulted on the proposed changes. - Impact on students
How will the proposed changes affect students, including particular groups of students?
If you are unsure whether a variation request is required, you can contact us at [email protected].
Please set out the changes you wish to make and the reasons for this, whether or not you consider them to require a variation in line with our published guidance and any questions you may have.
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