OfS Impose £115k Penalty on Leeds Trinity University for Inadequate Oversight of Subcontracting Arrangements

The Office for Students (OfS) has imposed a monetary penalty of £115,000 on Leeds Trinity University (LTU) after an investigation in respect of the period from October 2022 to February 2024 identified that the university did not have effective arrangements in place to respond to rapid growth in its subcontractual provision. 

The university has worked cooperatively with the OfS throughout the investigation. The regulator reduced the monetary penalty by 30% in recognition that LTU’s ”co-operation with our investigation has been positive and constructive”, and it also reflected early settlement, and that the university proactively undertook its own inquiries into the concerns raised and took steps to address them. Under the terms of the agreed settlement, the university has accepted that it breached the OfS’s regulatory requirements relating to management and governance, has paid the monetary penalty, and has agreed to a range of measures which include restrictions on its future partnership activity. The university has also accepted that it is at increased risk of a future breach of OfS regulatory requirements relating to quality for students on subcontracted courses. 

The investigation identified that the university did not have effective arrangements in place to consider, and appropriately respond to, risks associated with its subcontractual partnerships that were delivering higher education provision for LTU. This followed a period of significant and rapid growth in the total number of students taught in this way – from 3,600 students in 2020-21 to 9,400 students in 2022-23.  

The investigation team concluded that the resources the university had in place to monitor academic assessment at its delivery partners were insufficient and that it could not effectively respond to the scale of concerns raised with the university. This meant that key risks – including an increased risk of student academic misconduct – were not escalated appropriately to the university’s governing body.  

The university did not properly consider the impact of a decision it took to pilot lowering the English language requirement for students who applied to study at some of its subcontractual partners or ensure arrangements were in place to enable these students to succeed.  

The case report is not intended to draw any findings about partners. Our investigation did not extend to LTU’s partners and no conclusion should be drawn about them based on the case report. The OfS’s guidance makes provision for a reduced monetary penalty where a settlement agreement is reached. A settlement includes a provider accepting that it has breached conditions of registration. Settlement at an early stage is designed to avoid the OfS and the provider expending resources on drafting and responding to detailed provisional and final decisions. The settlement in this case resulted in a reduced monetary penalty. 

Commenting, Philippa Pickford, Director of Regulation at the OfS, said:  

“As we have repeatedly set out, subcontractual arrangements need to be carefully managed to ensure students receive a high quality education and can finish their studies with a credible qualification. In this case, inadequate oversight of Leeds Trinity University’s partnership arrangements increased the likelihood that the university would not be able to effectively manage any risks relating to quality, academic misconduct and student support. LTU’s oversight arrangements were not adequate to ensure that potential risks at partners relating to admissions practices, academic assessments, and academic misconduct were identified. The rapid expansion of courses delivered through subcontractual partnerships further increased risks for students and taxpayers. 

“Today’s settlement reflects the seriousness of these issues. It also reflects the university’s commitment to making improvements. The university has fully cooperated with our investigation, has agreed that it breached our regulatory requirements and has already taken steps which will ensure better protection for students in the future. We have been able to reduce the level of the penalty as a result of this agreement. 

“All universities offering courses through delivery partners should look carefully at our actions in this case. Universities retain responsibility for the quality of students’ education and the credibility of their qualifications under these arrangements. They must be certain that they are monitoring these courses effectively, and that their oversight of delivery partners ensures students receive the support they need to succeed in their studies and receive a qualification which will benefit them in the future.”

Professor Charles Egbu, Vice-Chancellor of LTU, said: 

“Improving student outcomes remains at the heart of Leeds Trinity University’s mission, and we are unwavering in our long-held commitment to widening participation and increasing access to higher education.

“We fully accept the conclusions of this investigation, and we recognise that the rapid growth in our subcontractual partnerships created pressures that our systems and oversight processes were not fully equipped to manage at the time.

“We welcome the OfS’s acknowledgment of the proactive steps we have taken and the significant progress that Leeds Trinity has made to strengthen the oversight of our subcontractual arrangements. This was a key factor in their decision to lower the financial penalty, and the improvements we have made should give partners and students confidence about the high quality of our courses.”