The UK Secretary of State for Education has announced Sir David Behan as Interim Chair of the Office for Students.
The Office for Students (OfS) is the independent regulator of higher education in England. Sir David Behan is a senior public servant and was previously Chair of Health Education England.
His appointment was announced on Friday 26 July, by the Secretary of State for Education, Bridget Phillipson. He succeeds Lord (James) Wharton, who stood down earlier this month.
Higher education regulation review
Also announced was the publication of an independent review of the Office for Students, led by Sir David, titled Fit for the Future: Higher Education Regulation Towards 2035.
Ms Phillipson said that the review found that the case for bold regulation of higher education is clear but that the OfS should more sharply focus on key priorities, which include monitoring financial sustainability, ensuring quality, protecting public money and regulating in the interests of students.
Sir David will now take lead on implementing the recommendations of the review.
Higher Education (Freedom of Speech) Act
Ms Phillipson also announced a stop on further commencement of the Higher Education (Freedom of Speech) Act, in order to consider options, including its repeal.
Office for Students reponse
Susan Lapworth, Chief Executive of the OfS, said: "We are very much looking forward to working with Sir David at this important time for higher education. His experience and leadership will be invaluable to the OfS as we embark on the next phase of the organisation’s development.
"I welcome the publication of Sir David’s review, and the thoughtful conclusions and recommendations in his report. Students and colleagues from across the higher education sector found time to speak with him during the review and their important perspectives are reflected in his report and its proposals.
"The review highlights a range of important areas – including the financial sustainability of the sector – that the OfS will continue to prioritise. More generally, the report will prompt reflection for government, the sector, and the OfS. It sets out areas in which the OfS can, and will, continue to improve. It also recognises the significant steps we have taken over recent months. We continue to work hard to improve our engagement with the institutions we regulate, to ensure that trust-based relationships can underpin effective regulation. And we are developing our understanding of the things that matter to students, and how their perspectives can inform our work, as we develop our new strategy.
"We are committed to working collaboratively with students and institutions as we develop our shared vision for the regulation of our important sector.
"We are ready to support ministers as they consider the approach they want to take to securing free speech and academic freedom in higher education. In the meantime, we will continue to work with institutions as they discharge their long-standing obligations in this area."
Universities UK response
In response, Universities UK said: “Sir David Behan’s review is thorough and we welcome many of its recommendations. Its findings underline the importance of an independent regulator for higher education in England and the need for a focus on the financial sustainability of the sector.
“This will continue to strengthen the sector’s relationship with the OfS and ultimately help deliver better outcomes for students. We have already observed an improvement in the OfS’ relationship with the sector and this review will help consolidate this.”
Russell Group response
The Russell Group of research-intensive UK universities, which includes Durham, said: “Financial sustainability is the most significant and growing challenge for the higher education sector and we welcome the call in the independent review for OfS, government and the sector to work together to plan responsibly and mitigate risks.
“Moves towards a more genuinely risk-based approach to regulation would also be positive and could help cut unnecessary red tape. Streamlining the OfS's approach to regulation with a renewed focus on key challenges would help stop resources being diverted away from teaching and student support.
“Ultimately, we need a regulatory system which protects students, takes a proportionate approach to managing risks in line with the Regulators’ Code, and helps the OfS work alongside other regulators to avoid duplication and reduce burden. There is much in this report that is welcome, and we look forward to working with the OfS and the new interim chair on the detail of any changes, including the new measures proposed on student protection.
“Sir David Behan brings a wealth of regulatory experience to the Office for Students. Getting regulation right is crucial to helping universities continue to deliver for students, and for society and the economy more broadly, and we look forward to working with Sir David in his new role.
“All our universities are committed to protecting free speech on campus and already have robust measures in place to support freedom of expression. The decision to stop implementation of the Act is a sensible and proportionate step given universities and students’ unions were yet to see final guidance from the Office for Students (OfS) on new free speech duties despite some requirements of the legislation being due to come into effect next week.
“Matters relating to freedom of speech can be complex, particularly when cases interact with other legal duties such as equality law. It’s right that the government has decided to take more time to consider its options."
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