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<p>The Higher Education and Research Act (HERA) sets out the procedure under which
the Office for Students (OfS) refuses registration applications should a higher education
provider not meet one or more of the OfS initial conditions of registration. The OfS
will inform a provider to tell it they are minded to refuse its application. The provider
then has an opportunity to make representations to the OfS, and it is only after considering
these representations that the OfS takes a final decision. A provider may subsequently
seek to challenge the decision through judicial review.</p><p> </p><p>While the OfS
took on some of the responsibilities of the Higher Education Funding Council for England
following its closure, the OfS was set up as a new organisation with a new remit and
responsibilities. The OfS regulatory framework and its guidance to providers sets
out how applications for registration are assessed. The department is unable to comment
on individual cases related to the OfS registration process. Neither the department
nor our ministers can intervene in judicial reviews of the decisions of the OfS.</p><p>
</p><p>The OfS considers the impact on both current and prospective students before
taking registration decisions. A decision to refuse is not taken lightly, but HERA
is clear that a provider which does not meet the OfS initial conditions of registration
must be refused. Circumstances for current students will vary at different providers.
However, the OfS will always seek to work with the provider to ensure that students
are supported to complete their studies – either at their current provider where existing
students can continue to access student support for the purposes of teach out, or
at a new provider. Higher education providers should have systems and policies in
place to offer appropriate mental health support and signposting to specialist help
where necessary.</p>
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