GuildHE has been actively engaged in advocating for regulatory reform within the higher education sector. Our positions and recommendations are drawn from the starting point that all good education systems need a robust approach to regulation, but that the current approach taken in English higher education is duplicative, overly complex, lacks accountability and stifles innovation. Excessive administrative burdens divert valuable resources away from teaching, research, and student support, and we believe that regulation should be an enabler of quality and excellence, not a barrier.

Over the last seven years, we have responded to a variety of public consultations undertaken by the House of Lords, the Independent Review of the Office for Students, and OfS consultations on its strategy and operation of the regulatory framework. In these, we consistently argue that good regulation should be risk-based, collaborative, supportive of diversity and enabling of HE’s impact. In 2023, we published a series of briefings outlining our recommendations for a constructive and effective approach to higher education regulation. Our aim has been to foster a sector that genuinely serves the best interests of students, institutions, and wider society. This approach seeks to protect the sector's diversity and empower it to address the challenges of the 21st century.

The briefings are:

This is now a pivotal time for regulatory reform. The Chancellor has indicated that all regulators are expected to reduce burdens to enable growth. Concurrently, DfE has highlighted the necessity of moving beyond outdated market-driven ideologies to secure the future of the higher education sector. This shift is intended to foster greater cooperation within the sector and support higher education's broader societal impact. While the Office for Students (OfS) has largely focused its regulatory efforts on the consumer interests, a new government and a new chair of the OfS board present a timely opportunity to implement changes that support a renewed regulatory approach that supports student, the public and industry interests. 

GuildHE argues that the current regulatory system can, at times, impose undue burden on providers, particularly smaller and specialist institutions or those that don’t fit the mould of large-scale, multi-faculty institutions. We have consistently highlighted the need for an approach which is consistent but can also differentiate between institutions based on their size, mission, and student profile. This would ensure that regulatory oversight is tailored to actual risks, rather than applying a 'one-size-fits-all' model.

Some of the core recommendations we made are below: 

  • OfS should revise its systems and approaches to better meet the obligation to be proportionate and risk-based, to minimise burden, and to uphold the principles of the regulator's code. This should include providing greater transparency to stakeholders around its processes and decisions.
  • OfS should revise its policies and processes to enable greater proactivity in its duty to protect the diversity of the sector.
  • Quality assurance should foster enhanced collaboration with other regulators and Professional, Statutory, and Regulatory Bodies (PSRBs) to avoid unnecessary duplication.
  • Efficiencies should be found in data capture and use across regulators, ensuring regulatory decisions do not disadvantage those with small datasets.
  • Regulatory strategies that emphasise collaboration, consultation, and transparent communication should be prioritised. This includes working more closely and in synergy with institutions as well as with UKRI, Skills England and other regulators and professional bodies.
  • Regulatory costs should be reviewed to ensure they do not disadvantage smaller providers.

Next steps

We recognise that efforts to adopt one crucial recommendation we made have already begun: to reset relationships between OfS and the sector.  

While we recognise and welcome more recent OfS efforts to build relationships with those in the sector, this alone is not sufficient to ensure our regulator can support and enable the sector to navigate through some of its most challenging times.  

GuildHE remains committed to constructive engagement with policymakers and regulators to achieve these vital reforms. We will maintain our dialogue with the OfS and DfE to advocate for a regulatory environment that truly benefits students, institutions, and wider society.