This is the second in the regulation briefing series and considers some of the legal dimensions of regulation relating to the main regulator in England, the Office for Students, considering both the Higher Education and Research Act (2017) and the Government’s Regulator’s Code.
Given the importance of higher education to the individual, the taxpayer and society, there is no doubt that there needs to be regulation of it. The Higher Education and Research Act 2017 (the Act) established the Office for Students (OfS) as the body tasked with this important role in England and, since 2018, a particular approach to regulation has evolved. It is fair to say that the OfS’s approach has prompted disquiet on the part of regulated providers and others. It is therefore worth asking the question whether the OfS’s approach is the optimal one, or whether an alternative approach might deliver a better model of regulation in this crucially important, nationally significant sector.
This briefing by Smita Jamdar explores the options.