Securing student success: Regulatory framework for higher education in England

  This condition applies to the courses that the provider plans to provide when it is registered.

  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 would be 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 would be the awarding body for a course, whether or not that provider would have any other role in the design or delivery of that course.

  Where a provider would not be the awarding body for a course, this condition applies to a course the provider itself would deliver, or which would be 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 that would deliver, or allow 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 that would deliver, or allow 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.

  The OfS is likely to draw on evidence submitted by a provider as part of its application for registration to make a judgement about whether the provider has “credible” plans in accordance with this requirement. For example, evidence submitted about the policies and processes a provider proposes to have in place to ensure compliance with ongoing conditions B1, B2 and B4, and evidence of how the provider intends to assess its own compliance with those conditions, is likely to be relevant.

  Where a provider seeking registration has previously delivered, or is currently delivering, higher education courses, the “plans” required under this condition may include evidence relating to the provider’s experience of delivery of those courses. The OfS will have regard to that evidence in determining whether the condition is satisfied.

  Where a registered provider is seeking registration in a different category of registration, this requires the OfS to deregister the provider and make a new registration decision by deciding whether each of the initial conditions is satisfied. In these circumstances “date of registration” means the date of the new registration.

  The OfS is likely to draw on evidence submitted by a provider as part of its application for registration to make a judgement about whether the provider has the “capacity and resources” necessary to deliver, in practice, its plans. For example, evidence submitted in relation to a provider’s financial viability and sustainability, or its management and governance arrangements are likely to be relevant.

  The OfS will assess compliance with this initial condition for all providers seeking registration. It may commission the designated quality body to conduct an assessment of quality to provide information to the OfS to inform the OfS’s decision about whether the condition is satisfied. An assessment by the designated quality body will involve the submission of specified information to the designated quality body and will normally involve a visit to the provider and interviews with relevant staff and students.

  The OfS reserves the right where it judges it appropriate to conduct an assessment of quality itself or to ask another appropriate body or individual to gather relevant information and, in these circumstances, would not commission the designated quality body to undertake assessment activity.

  Where a provider, or another legal entity that the OfS considers to be operating substantially the same higher education business, has previously been registered, a history of non-compliance with ongoing conditions B1, B2 or B4 is likely to result in a judgement that initial condition B7 is not satisfied.

  Where the OfS considers this initial condition to be satisfied, but that there is an increased risk of a breach of one or more of the general ongoing conditions for quality (conditions B1, B2 and B4), or a 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, or to have an additional assessment by the OfS, the designated quality body, or other appropriate body.