We’ve responded to the Office for Students (OfS) consultation on fees charged to providers subject to regulatory investigation.
The Higher Education (Investigation Fees) (England) Regulations 2022, which came into force on 8 December 2022, give the Office for Students (OfS) the power to charge a fee that recovers the costs of investigating a registered higher education provider’s activities. The OfS has invited responses to a consultation on how it will determine the fee a provider should pay to cover the cost of those investigations.
The consultation is not concerned with the initiation of, or processes involved in investigations. However, these issues are closely linked.
We reiterate the need for the OfS to be more transparent in explaining what will trigger an investigation and what an investigation will involve.
Our response
Improving transparency and restoring trust
We welcome a risk-based approach to regulation, but we are asking for revisions to the proposal in the interests of improving transparency and helping build and restore trust and confidence across the sector and amongst the wider public.
We are asking the OfS to:
- provide a clear definition of what constitutes an investigation and the point at which an institution will incur fees
- commit to clear communication with institutions they propose to investigate: we are asking for institutions to be informed at least 10 working days prior to the start of an investigation and provided with an estimated timeline and set of costs for the process
Maximising cost efficiency and reducing burden
We are also concerned that the OfS maximises cost efficiency and does not place undue burden on institutions.
We are asking the OfS to:
- provide a set of criteria according to which fees would be waived
- put out to tender any parts of an investigation requiring external providers
- in the interests of transparency, publish reports, strictly anonymised, on the perceived value of its investigatory activities with a justification of fees levied on its website