Office for Fair Access

The Office for Fair Access is a non-departmental public body responsible for ensuring that any university or higher education institution in England which plans to charge variable tuition fees starting with the academic year 2006/7 has in place an acceptable plan to promote equitable access among its undergraduate applicants and those considering applying. The first Director, appointed in 2004, is Sir Martin Harris.

Background

The Higher Education Act 2004 introduced the concept of variable tuition fees for the first time. Whilst some parts of the United Kingdom, most notably Scotland, did not implement top-up fees, most universities and higher education institutions (HEIs) in the United Kingdom are in England and will thus be under the new regime.

This new regime allows HEIs to charge tuition fees of any amount from £0 to £3,000. (These caps were raised in 2010.) At the time this policy was being debated there was considerable concern that the amount of debt new graduates would be faced with could dissuade some potential students from entering higher education altogether. Thus, as part of the debate, the Government of the United Kingdom decided to institute a body to oversee the introduction of fees to the extent of ensuring that such dissuasion did not occur. The Act established the Office for Fair Access and gave OFFA the power to prevent a HEI charging fees above £1,200 if it could not satisfy the regulator that it would make adequate provision for widening access and encouraging participation.

Operation

OFFA states that its mission is to:

"...ensure that the introduction of variable fees does not have a detrimental effect on widening participation."^[1]

It executes this mission by demanding that each HEI wishing to charge more than the basic £1,200 starting with 2006/7 must submit an 'access agreement' which OFFA will either approve, demand amendments to or reject. Any HEI not submitting such an agreement, or not having their agreement approved, can only charge tuition fees of £1250 until agreement is reached. An access agreement should

"...set out how [institutions] will safeguard and promote fair access — in particular for students from low income groups — through bursary and other financial support and outreach work."

"Low income" is defined as a family income of less than £15,200 (presumably in the 2004/5 tax year). The key terminology here is, of course "fair access" which OFFA defines as:

"Ensuring equality of opportunity for all those who have the potential to benefit from higher education, irrespective of their background, schooling or income."^[2]

On March 17, 2005 OFFA announced^[3] that the first 118 access agreements had been approved and thus that these institutions could charge variable fees from the academic year 2006/7 and for up to the following four years. Interestingly, the press release reveals that 120 access agreements had been submitted; it does not say which two have failed.

OFFA also has

"...a duty to protect the academic freedom of institutions..."

and so it does not regulate course content, teaching or admissions policies and criteria. Its remit is also constrained specifically to full-time UK/EU undergraduate courses and so it does not regulate part-time, postgraduate or overseas students fees at all.

Access agreements

OFFA requires that an access agreement must cover:^[4]

• Fee limits
• Amounts of additional fee income to be spent on access measures
• Bursaries and other financial support for students, including:

• type of bursaries or other financial support on offer;
• level of bursary or financial support;
• target groups and eligibility of students

• Provision of information to students
• Outreach work
• Milestones
• Institutional monitoring arrangements

The most important of these, at least from the public-perception and media perspectives are the bursaries and outreach work. Nearly all institutions are going to charge the full £3,000 for all courses, so there is very little competition on the levels of fees.

Bursaries

The minimum level of bursary is the difference between the maximum state support a student could get (approx. £2,700 for the very poorest) and the fee level set by the institution. Thus, in most cases, institutions are required to offer at least £300 bursaries to those in need. Most bursaries are means-tested on the student's parents' income (unless the student is over 25) and so some students will not qualify for any bursary support. Access agreements do not have to specify the exact mechanics of how their bursaries will work, but they do have to specify whether it will be in the form of fee remission or 'cash-in-hand' to the student and how eligibility will be determined. Whether existing bursary schemes that an institution may have can be included in the access agreement will depend on whether they "...are appropriately targeted with the specific intention of encouraging and supporting students who are under-represented in HE [Higher Education]."

Outreach work

Outreach work

• "..means any activity that involves raising aspirations and attainment and encouraging students from under-represented groups to apply to HE"

and seeks some sort of formalisation of the activities already undertaken by many institutions. An institution deciding to fund such activity must describe what they intend, who they will target and the approximate number of people and schools/colleges likely to be reached.

Possible sanctions

Where an institution is found to have seriously and wilfully breached an access agreement, financial penalties may be applied. There is a series of review and appeal procedures available before this will happen, however. Presumably, the courts will also be involved eventually if there is a serious dispute, although they are not part of OFFA's procedures. Whilst each institution is required to set itself milestones towards improving access, they will not be sanctioned for not meeting those milestones unless this is the result of some serious, wilful breach of the agreement.

The breaching institution may be fined up to £500,000 or about 110% of the amount promised but not spent on bursaries or outreach work. It is possible that OFFA may also refuse to renew their access agreement beyond the end of the five-year validity period for some specified length of time.

None of these procedures have yet been tested, since the new fees have only been operational since the 2006/7 academic year.

Criticism

The establishment of Offa has been criticised by opponents of the Government, who have nicknamed it "Offtoff". Those on the right have accused the Government of an attempt at "social engineering", whilst those on the left have argued that Offa is ineffective.^[5]

See also

• Variable tuition fees (also known, inaccurately, as 'top-up fees')
• British universities
• Higher Education Act 2004
• Tuition fees (UK)

References

1. ^ "About OFFA". http://www.offa.org.uk/about/. Retrieved 2011-01-06. 
2. ^ http://www.offa.org.uk/glossary/
3. ^ http://www.offa.org.uk/news/2005/acc_agr.asp
4. ^ http://www.offa.org.uk/pubs/04_01.pdf
5. ^ Curtis, Polly (April 8, 2003). "Offa lacks bite, says critics". The Guardian (London). http://education.guardian.co.uk/universityaccess/story/0,,932393,00.html. 

External links

• OFFA's website
• Text of the Higher Education Act 2004