My Lords, I will try to abbreviate my remarks somewhat but this is a very important group of amendments so I want to try to genuinely address some of the points that have been raised. I am grateful to noble Lords for their contributions. Student protection and experience are important issues.
Student protection plans are important. They should be robust and offer real protection to students, should their provider or course close. The Office for Students will have overall responsibility for creating and issuing specific guidance on student protection plans. That is an important development and a very important safeguard. We expect this guidance to include the content, the process for approval and review, and the likely triggers for implementing student protection measures. The guidance will be developed as part of the regulatory framework, in consultation with the higher education sector, including bodies representing the interests of students.
In relation to the specific point raised by my noble friend Lord Norton, it is absolutely right that the OfS consults on this issue fully, and it should set out further details and best practice in guidance. We tabled an amendment to the Bill in the other place to require student protection plans to be published and therefore brought to students’ attention. That is an important step to ensure transparency in relation to these plans.
I agree with the noble Lord, Lord Stevenson, that protection from financial loss could be an important function of some student protection plans, as could measures to enable students to transfer or continue their studies, perhaps within the same institution but in a different faculty or department. Student protection plans are likely to include a diverse range of measures to protect students, reflecting the diversity of the higher education sector, together with a diverse range of possible triggers for a student protection plan, including suspension of registration.
The noble Lord, Lord Stevenson, asked why we do not have the same degree of reassurance in this Bill as in the further education Bill. The different mechanisms reflect the different characteristics of students in higher and further education as learners in these two spheres. But both approaches are designed to protect the interests of students. That is something we must not lose sight of.
The noble Lord, Lord Stevenson, also raised the issue of strengthening registration conditions for new providers. That is an important matter. In determining initial and ongoing registration conditions, the OfS will assess, among other factors, a provider’s academic track record and—this is very important—its financial
sustainability. I assure the noble Lord that where the OfS determines that a new provider represents a higher level of risk, it must, under the provisions already included in Clauses 6 and 7, apply more stringent, but proportionate, conditions to that provider. There is a facility to recognise where there may be an element of risk.
I wholeheartedly agree with the views expressed by the right reverend Prelate the Bishop of Ely in his amendment, which were very helpfully expressed by his colleague, the right reverend Prelate the Bishop of Portsmouth. I thank him for being with us this evening. Student protection plans should be mindful of additional or particular protections that may be required for disabled students or those with special educational needs, which the noble Baroness on the Liberal Democrat Benches referred to. Again, this could be made clear in the OfS guidance.
Turning to Amendment 163 in the name of my noble friend Lord Lucas, I want to make it clear to your Lordships that there are currently no direct regulatory barriers to students moving between universities. Supporting students who wish to switch higher education institution or course is an important part of our reforms.
In relation to student experience, which the noble Lord, Lord Stevenson, raised, there is no universal neat-fit template that covers all situations because student populations vary hugely in their requirements. As independent and autonomous organisations, higher education institutions are best placed to decide what experiences they can and want to offer. I do not think that that should be prescribed by government.
Finally, the noble Lord, Lord Stevenson, also raised the question of involving students in access and participation plans. I reassure the Committee that the Office for Fair Access currently expects providers to include a detailed statement on how they have involved and consulted students in the development of their plan, and the Director of Fair Access has had regard to these when deciding whether to approve a plan. Providers are encouraged, for example, to set out where students have been involved in the design and implementation of financial support packages. Some student unions run information, advice and guidance sessions to explain the support packages to ensure maximum take-up from eligible students. We fully expect this successful approach, which has developed over a number of years, to continue.
I hope these comments reassure your Lordships that these issues have not fallen off the radar screen. They are very much before us and I therefore ask the noble Lord, Lord Stevenson, to withdraw his amendment.
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