Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what is the legal basis for the imposition of limits on the numbers of Confirmations of Acceptance for Studies (CAS) allocations to individual institutions seeking to admit international students.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office continues to welcome international students and we place no limit on their numbers.
In February 2021, the UK Government published an update to the International Education Strategy, recommitting to the ambitions to sustainably increase international students in the UK to 600,000 per year by 2030.
New sponsors can apply for an allocation of Confirmation of Acceptance for Studies (CAS) of up to 50 percent of their current student body. Subsequent annual requests can be made for up to a 50 percent increase on a CAS allocation for sponsors who have assigned more than 50 CAS in the previous year.
There is no upper limit on the number of CAS which can be allocated across the system, or the number of providers able to gain a sponsor licence. Sponsors are able to submit additional in-year requests on an exceptional basis and there are no limits on the total number of CAS to be allocated in any given year. These requirements are set out in the published Student Sponsor guidance.
In the case of R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent) the Supreme Court found the general principle of mandatory requirements for sponsors and actions they must take to maintain a licence were ruled to be lawful and derived from the authority of the Immigration Act 1971, which would include requirements on the numbers of CAS allocated to sponsors.
Data on CAS allocations for specific institutions is not currently published. However, we do produce data at detailed sponsorship dataset which breaks down the numbers of CAS used by types of educational institution.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the Confirmations of Acceptance for Studies (CAS) allocations function as a de facto cap on the number of international students that can be sponsored for study in the UK.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office continues to welcome international students and we place no limit on their numbers.
In February 2021, the UK Government published an update to the International Education Strategy, recommitting to the ambitions to sustainably increase international students in the UK to 600,000 per year by 2030.
New sponsors can apply for an allocation of Confirmation of Acceptance for Studies (CAS) of up to 50 percent of their current student body. Subsequent annual requests can be made for up to a 50 percent increase on a CAS allocation for sponsors who have assigned more than 50 CAS in the previous year.
There is no upper limit on the number of CAS which can be allocated across the system, or the number of providers able to gain a sponsor licence. Sponsors are able to submit additional in-year requests on an exceptional basis and there are no limits on the total number of CAS to be allocated in any given year. These requirements are set out in the published Student Sponsor guidance.
In the case of R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent) the Supreme Court found the general principle of mandatory requirements for sponsors and actions they must take to maintain a licence were ruled to be lawful and derived from the authority of the Immigration Act 1971, which would include requirements on the numbers of CAS allocated to sponsors.
Data on CAS allocations for specific institutions is not currently published. However, we do produce data at detailed sponsorship dataset which breaks down the numbers of CAS used by types of educational institution.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what steps they have taken, if any, to fulfil commitments made by the Office for Students to review the state of competition in the market for validation services.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Office for Students (OfS) published 'Consultation on quality and standards conditions - Analysis of responses to consultation and decision' on 2 March 2022, in response to its consultation on quality and standards conditions. This publication acknowledges that several issues were raised during the consultation about validation.
The OfS has signalled that it will consider further the operation of the validation system in England, including the extent to which OfS should use the commissioning power given to the OfS by section 50 of the Higher Education Act 2017.
We are expecting the OfS to consider a review of the validation system in the coming financial year.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of the representations by Independent Higher Education that the market for validation services is “dysfunctional, opaque, unreliable and anti-competitive”.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Office for Students (OfS) published 'Consultation on quality and standards conditions - Analysis of responses to consultation and decision' on 2 March 2022, in response to its consultation on quality and standards conditions. This publication acknowledges that several issues were raised during the consultation about validation.
The OfS has signalled that it will consider further the operation of the validation system in England, including the extent to which OfS should use the commissioning power given to the OfS by section 50 of the Higher Education Act 2017.
We are expecting the OfS to consider a review of the validation system in the coming financial year.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made, if any, of the extent to which the requirement that institutions seeking Degree Awarding Powers (DAPs) should have more than 50 per cent of their students studying at Level 6 or above is holding back the development of higher technical qualifications at Level 4 and Level 5.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Office for Students (OfS) published its response to its consultation on the quality and standards conditions on 2 March. This publication acknowledges that several issues were raised during the consultation about requirements on institutions seeking Degree Awarding Powers (DAPs).
We are expecting the OfS to consider a review of DAPs in the coming financial year and expect that review to consider the case for intervention in the DAPs to increase the availability of high-quality courses across England.
In addition, it is a key government priority to grow level 4 and 5 provision. We are doing more to support level 4 and 5 provision by raising the profile and prestige of level 4 and 5 courses through improved communications and information, advice, and guidance, including through the launch of a new national communications campaign in January 2022. We will also Introduce the Lifelong Learning Entitlement from 2025 to support a more accessible, flexible system.
The department will be continuing to roll out reforms to higher technical education to ensure that, over time, Higher Technical Qualifications (qualifications approved to deliver the skills employers need) are established as a flagship offer at level 4 and 5, including improving student finance to support learners in accessing these qualifications. Providing further funding to support providers with the upfront investments required to roll out Higher Technical Qualifications and strategic priorities grant funding to encourage and support level 4 and 5 provision.
Through the higher education reform consultation we are also seeking views on the role of the fees and funding system in growing provision and uptake of level 4 and 5 courses.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made, if any, of appointing an SME Champion within the governance structures of the Office for Students.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Higher Education and Research Act 2017 specifies that the Office for Students’ (OfS) board consists of the following members appointed by my right hon. Friend, the Secretary of State for Education: a chair, the Chief Executive Officer, the Director for Fair Access and Participation, and between 7 and 12 ordinary members.
In appointing the chair and the ordinary members, the Secretary of State must also have regard to the desirability of the OfS’s members having a range of experience. The current board is therefore made up of members with a range of experience and expertise including Monisha Shah, the former chair of Rose Bruford College of Theatre and Performance, Monisha brings expertise and experience from a small provider perspective to the OfS board.
The OfS also works closely with Independent HE, along with other higher education sector mission groups, to understand how regulation impacts higher education providers, including the challenges for small and specialist providers.
Finally, the OfS Director for Fair Access and Participation, John Blake, for example, recognised in his speech on 8 February that smaller providers found the access and participation plan process more challenging and that the OfS will work closely with them to ensure that regulation of them is proportionate, effective and fair, John Blake's speech is available to view at: https://www.officeforstudents.org.uk/news-blog-and-events/press-and-media/next-steps-in-access-and-participation/.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what plans they have, if any, to compel the Office for Students to increase transparency through the publication of a Register of Validating Providers.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Office for Students (OfS) Register provides information on which registered providers offer validated provision, and which registered providers offer validating services.
We are expecting the OfS to consider a review of the validation system in the coming financial year and expect that review to consider the case for intervention in the validation system in order to increase the availability of high-quality courses across England.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of potential benefits in enabling Indian Institutes of Technology and other accredited international providers to offer higher education in England.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The government’s update to the International Education Strategy, published in February 2021, sets out the importance of education partnerships and of identifying key opportunities for foreign direct investment into the United Kingdom. India is set out as a priority country for education engagement in this strategy. It is a key focus for the UK’s International Education Champion, Sir Steve Smith.
The 2030 Roadmap for India-UK future relations explicitly references education and research, and commits the department to expanding cooperation between its higher education institutions.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what plans, if any, they have to set out clear and accessible guidance on the regulatory process for foreign institutions to register to provide higher education in England.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Higher Education and Research Act 2017 sets out that the Office for Students (OfS) must establish and maintain a register of English higher education (HE) providers. New providers wishing to register with the OfS must be, or intend to become, an English HE provider. The OfS publishes advice and application documents for providers seeking to register on its website. This is available at: https://www.officeforstudents.org.uk/advice-and-guidance/regulation/how-to-register/.
Asked by: Lord Johnson of Marylebone (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what steps, if any, they have taken to ensure that the Office for Students’ regulatory approach is supportive of start-up and scale-up businesses and offers a stable environment for long-term investment.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Office for Students (OfS) considers financial sustainability and business plans when assessing providers during registration.
The OfS is planning further work on minimising regulatory burden on all providers, including those who are new and/or small, to support them to focus on high quality teaching and research. More detail on this, together with its regulatory approach, will be published later this month in the OfS’s new strategy for 2022 to 2025.
The OfS also currently minimises the impact of its regulatory approach on micro and new providers by limiting its registration fees for those providers.
The Higher Education (HE) (Registration Fees) (England) Regulations 2021 continue to contain a micro-entity exemption. This exemption protects the very smallest HE providers (employing up to 50 people) by providing a 100% registration fee exemption.
These most recent regulations also retain protections for new providers in relation to registration fees: the regulations continue to allow for the OfS to charge reduced fees to those new institutions who decide to register with it.