Higher Education and Research Bill

Baroness Brown of Cambridge Excerpts

Committee: 5th sitting (Hansard): House of Lords
Monday 23rd January 2017 Lords Chamber

Moved by

[Baroness Brown of Cambridge]

144: Schedule 3, page 78, line 37, at end insert—
“( ) During the specified period the OfS must have due regard to the general desirability of keeping confidential the fact of, and reasons for, its intention to impose a monetary penalty on a provider, until it has issued a notice to the provider under sub-paragraph (1).”

[Baroness Brown of Cambridge (CB)]

My Lords, Amendment 144 in my name and that of my noble friend Lady Wolf, and the others in this group, Amendments 148 and 153, concern confidentiality during ongoing investigations by the Office for Students. I ask the Minister to consider that the OfS should be required to maintain appropriate confidentiality during ongoing investigations, because of the risks to the reputation of an individual provider. Such risks have huge implications for the provider’s students and graduates, as well as for its staff and the rest of the sector. There are risks of publicity in cases where, for example, an allegation or complaint may not be upheld. As we know, reputations are much more easily lost than they are restored. The reputation of a provider is critical to its students and graduates.

Will the Minster consider that the OfS should have a duty for its proceedings to remain confidential and to ensure that it will not announce that it is considering taking action against a provider until it has made a decision to do so, and until the provider has had the opportunity to respond to the points made in the initial notice from the Office for Students? I hope that this will be uncontroversial, because it will be of benefit to students as well as providers in the sector as a whole. I beg to move.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, I first apologise for my voice. I have a heavy head cold and my remarks may be more impenetrable than usual.

I agree with the noble Baroness that it is important to protect provider reputation in the early stages of an OfS investigation while evidence is being gathered. We recognise that even the knowledge that the OfS is considering sanctions could have a detrimental effect on a provider in a number of ways. I hope I can reassure your Lordships that the Bill already contains safeguards to protect the interests of providers in the circumstances outlined, and that it is moreover highly unlikely to be in the interests of the OfS to disclose that it is considering sanctions.

When the OfS is considering action as a result of a perceived breach of registration conditions, the primary objective is generally to achieve compliance. I am sure your Lordships agree that the desired outcome, for the benefit of students and the provider alike, is that the provider takes the actions necessary to ensure compliance with the conditions of registration that have been placed on it. Providers are expected to be given guidance and time to enable them to take corrective action or make further representations to the OfS. Only in very serious circumstances would we expect sanctions to be imposed. Disclosing details of possible sanctions during this sensitive period, when the OfS has yet to decide to take action, and when discussions, representations, remedial action and evidence-gathering may be ongoing, would not generally be either appropriate or helpful.

I assure your Lordships that under the Bill, in Clause 2, the OfS must have regard to the principles of best regulatory practice and act in a proportionate, accountable and consistent manner. As the noble Baroness is aware, there are many regulatory bodies covering a wide range of areas of activity in the UK which do indeed implement and deploy that best practice. As such, the OfS, like any other public body, would not look to disclose information prematurely or unnecessarily that could have an adverse effect on a provider before a decision was taken. To do so would not be in accordance with regulatory best practice. Let me be clear: if a decision has been taken to impose a sanction, we would expect the OfS to consider making it a specific condition of registration that a provider’s governing body advises students promptly and accurately of the OfS’s sanctions. The OfS itself may also look to publicise the details if appropriate, especially where this may be in the interests of students.

I hope that this reassures the noble Baroness and I ask her to withdraw this amendment.

[Baroness Brown of Cambridge]

I thank the Minister for her reassurance that we have a common intent in how the Bill expects things to work and how these amendments try to ensure that things work. I hope she may consider adding a few extra words to the Bill, but I am very pleased to hear the reassurance and, in light of it, I beg leave to withdraw the amendment.

Amendment 144 withdrawn.