Question to the Department for Education:

To ask the Secretary of State for Education, what role he will have in the decisions of the Office for Students to fine institutions if they fall below the threshold for continuation, progression or employment rate published in the new Office for Student's consultation on student outcomes.

The government is clear that the Office for Students (OfS) should not hesitate to use its regulatory powers where it decides that a breach of the proposed student outcomes quality registration condition has occurred. All students, regardless of their background, have the right to a high-quality education.

Any decision to impose a monetary penalty is entirely a matter for the OfS, which was established under the Higher Education and Research Act (HERA) 2017 as the independent regulator of higher education in England.

HERA requires the OfS to be cognisant of the need to act proportionately and to promote equality of opportunity. As set out in its consultation document of 20 January 2022, the OfS’ proposal will consider wider factors affecting a provider’s performance, including student characteristics where appropriate, before making a final decision to take regulatory action in relation to student outcomes.

The power for the OfS to impose monetary penalties is set out in section 15 and Schedule 3 of HERA and in associated regulations, available here: https://www.legislation.gov.uk/uksi/2019/1026/made/data.pdf.