Question to the Department for Education:

To ask the Secretary of State for Education, what discussions he is having with the higher education sector on reductions in tuition fees in response to reports that some universities are planning to continue remote learning into the 2022-23 academic year.

Universities and other higher education (HE) providers are autonomous and responsible for setting their own fees within maximum fee limits set by regulations, where applicable.

The government has already announced that maximum fees in the 2021/22 academic year will remain at £9,250 for a standard full-time course. We also intend to freeze the maximum tuition fee caps for the 2022/23 academic year (the fifth year in succession that maximum fees have been frozen) to deliver better value for students and to keep the cost of HE under control.

As autonomous institutions, it is for HE providers to determine their own provision, including their approach to teaching and learning, taking account of any government guidance. As a result of the COVID-19 outbreak, some providers have accelerated their digital teaching and learning plans and some may choose to adopt elements for the autumn term. Blended learning is a valid approach, and digital teaching and learning throughout the COVID-19 outbreak has enabled new ways of working, highlighting that it can improve learning outcomes and enhance student engagement.

However, providers should not be planning to restrict teaching based on COVID-19 restrictions. Under Step 4 of the government’s roadmap, there will no longer be restrictions on the approach to teaching and learning in HE settings as a result of COVID-19.

On 6 July, we published guidance for HE providers setting out plans from Step 4 of the government's roadmap. This includes that there will no longer be restrictions on the approach to teaching and learning in HE providers as a result of COVID-19. There will be no requirement for social distancing or other measures within in-person teaching. Providers will therefore be able to shape their courses without restrictions to face-to-face provision. My right hon. Friend, the Secretary of State for Education, also wrote to education leaders on 8 July setting out plans as we move towards Step 4, including the government’s expectation that HE providers offer students a full, enriching and enjoyable experience while staying as safe as possible. The letter and details of the relevant guidance are available here: https://educationhub.blog.gov.uk/2021/07/08/a-letter-from-the-education-secretary-to-education-leaders/.

The government’s clear and stated expectation is that HE providers should maintain the quality and quantity of tuition. We expect universities to continue delivering a high-quality academic experience and help students to achieve qualifications that they and employers value.

The Office for Students (OfS), as the regulator for English HE providers, has made it clear that providers must continue to comply with registration conditions relating to quality and standards. This means ensuring that courses provide a high-quality academic experience, that students are supported and that they achieve good outcomes, and that standards are protected, regardless of whether a provider is delivering its courses through in-person teaching, remote online learning or a combination of both.

It is crucial that providers are transparent about how they will deliver their courses, and as a matter of principle, they should consult students about changes to their courses. As part of registration conditions, the OfS also outlines that providers must demonstrate that, in developing and implementing policies, procedures and terms and conditions, they have given due regard to relevant guidance about how to comply with consumer protection law. In September 2020, the OfS set out their expectations of providers relating to clarity. This is available here: https://www.officeforstudents.org.uk/news-blog-and-events/press-and-media/clarity-needed-for-students-during-pandemic/.

Whether or not an individual student is entitled to a refund of their tuition fees will depend on the specific contractual arrangements between the provider and student. Students do have consumer rights, and it is for them to decide whether to seek to exercise these.

If students are not satisfied, they should first raise this with their university through their internal complaints procedures. If they are unsatisfied with the outcome, students at providers in England or Wales can ask the Office of the Independent Adjudicator (OIA) for Higher Education to consider their complaint.

The OfS does not get involved in individual student complaints - that is for the relevant HE provider and possibly the OIA. Students can, however, notify the OfS of issues that may be of regulatory interest to it. These are called ‘notifications’. The OfS uses this information as part of its regulatory monitoring activity and to keep HE providers under review to ensure that they comply with the ongoing conditions of registration. The OfS has produced a guide for students to support them in this process.

We recognise that, in these exceptional circumstances, some students may face financial hardship. The department has worked with the OfS to clarify that providers are able to use existing funds, worth around £256 million for the academic year 2020/21, towards hardship support. We have also made an additional £85 million of student hardship funding available to HE providers this academic year (2020/21).