A beginner’s guide to the English regulatory transitional period

There’s a packed year ahead for sector regulation in England. We’re entering what the regulatory framework describes as the “transitional period” – a time, potentially, of great uncertainty and confusion. Not until August 2019 will we see the awesome power of a fully operational OfS, underpinned by the provisions of the Higher Education and Research Act.

As a reminder, the OfS has four stated regulatory objectives:

• objective 1: all students, from all backgrounds, are supported to access, succeed in, and progress from, higher education.
• objective 2: all students, from all backgrounds, receive a high quality academic experience, and their qualifications hold their value over time in line with sector-recognised standards
• objective 3: that all students, from all backgrounds, have their interests as consumers protected while they study, including in the event of provider, campus, or course closure
• objective 4: that all students, from all backgrounds, receive value for money

For the 18-19 academic year, the sector will be regulated by OfS, but under the old rules set out in the Higher Education Act 2004 and the Further and Higher Education Act 1992. The much-vaunted register, as now, will not have a formal regulatory status. The old HEFCE conditions of grant funding will still apply.

This interregnum offers a breathing space – providers will still apply to register from April 2018, and the “shadow register” will allow any issues and inconsistencies to be ironed out. But we still see a very tight turn-around between the launch of registration in on 1st April 2018, and the 16th April deadline for many institutions to make their submissions in support of this. These first 10 working days for OfS as regulator will be some of the most challenging it will face.

But what happens if you don’t register during this period? As far as we can tell, not much. With the old HEA/FHEA regulations still in place, there is no requirement to register – and OfS have cleverly aligned transitional expectations with the existing rules. The Department for Education put together two helpful timelines about how the transition will affect different providers – HEFCE funded institutions and alternative providers.

This month should provide a lot more clarity concerning the way in which the ideas expressed in the regulatory framework consultation will be implemented. The main event will be the response to the feedback elicited during the consultation period. We understand that, for the most part, little is likely to change from what we have already seen – and this will be reflected in the registration guidance expected at a similar time. But there’s a further statement to follow in March – on how the OfS intends to actual undertake these functions once the transition is over.

Remember the idea of real-time data as a regulatory tool? May sees a consultation on the way the OfS will use data – one to watch for those already responsible for institutional data returns. The stated goal of real-time data analysis is a long way off, but expect plenty of common data standards and systems interoperability talk.

Let’s not forget what is happening in other parts of the regulatory landscape. With QAA and HESA confirmed as designated bodies, we can expect consultations on how they will deliver their functions, such as the quality review required to enter the register. There’ll be the issue of subscriptions too. Furthermore, we still have the TEF (and subject pilot), Quality Code consultation, and the implementation of Data Futures to look forward to?

We’ve brought together all the different activity into one timeline.

Is there something our wonks have missed? If you think something should be added to this timeline, please contact us at team@wonkhe.com