OfS sets out plans for change following Sussex lessons learned exercise

The new commitments cover the way the OfS communicates with the institutions it regulates and a review of the organisation’s structures, processes and culture. They follow changes the OfS has already made in response to the court’s judgment, including updates to its guidance relating to freedom of speech and its definition of governing documents.

Underpinning the changes is a commitment to a ‘no surprises’ approach to regulation. This means that the OfS will engage early, communicate openly and use enforcement only where the OfS considers that it is necessary. The planned changes build on work done following reviews by both the House of Lords Industry and Regulators Committee and Sir David Behan.

• ensuring respectful relationships with higher education providers
• improving communications and transparency around investigations and enforcement
• using alternative forms of intervention where possible to effect change before taking enforcement action.
• strengthening its structure and processes, including to guard more effectively against the risk of predetermination and decision momentum
• reviewing OfS culture to encourage challenge and agility.

A report, published today, sets out how the OfS will deliver this new approach informed by the judgment, feedback from the sector, and an internal review by consultancy firm KPMG. The OfS has committed to 13 distinct actions as a result of this lessons learned exercise. Progress towards the actions will be regularly reviewed by the OfS Board and publicly reported on in the OfS’s annual report and accounts.

‘Today’s commitments mark an important stage on the OfS’s journey towards becoming an exemplary regulator. This work is in line with our new strategy, which identified that how we regulate is as important as what we regulate in ensuring our work benefits students.

‘The practical changes announced today will allow us to be a partner in sector-wide improvement, while ensuring we can act where necessary to safeguard the interests of students. Our ambition is to have mutually respectful relationships with universities and colleges, enabling impactful and open conversationsThis will generally help institutions to have a meaningful opportunity to respond and improve before we consider any formal action. But we will still take robust and swift action to protect students and taxpayers where this is warranted.

‘The OfS made mistakes in the Sussex case, which we regret. The actions we are announcing today show our continuing commitment to learning the lessons from this case with humility and honesty. In doing so we ask for students, the institutions we regulate and everyone with an interest in the world-class higher education the English sector offers, to work with us in the same constructive spirit and hold us to account where we fall short.’