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Questions and answers

What should be included in an access agreement?

Will work done on retention for disadvantaged groups be considered as part of the access agreement?

Although critical to widening participation, retention is not part of our remit. However, bursaries that are structured to aid retention will be taken into account when approving access agreements. We also recognise that there is not necessarily a clear distinction between post and pre entry work with students, as post entry support can be an important factor in encouraging under-represented groups to apply. Therefore where institutions can demonstrate how post entry support measures will be used to encourage applications from under-represented groups this can be included in the access agreement.

My institution undertakes outreach activity with the aim of raising aspirations although this ultimately may not result in increased applications to my institution. Should this information be included in an access agreement?

This kind of activity makes a national contribution to widening participation and institutions should get recognition for this. Therefore, an access agreement can include evidence of what an institution is doing to encourage participation in HE generally. However, the agreement should also show how the package of measures contributes to applications to an institution. It should be made clear how outreach investment is targeted at under-represented groups.

How should the access agreement be structured?

There is no prescribed format but the access agreement will be a public document so the information it contains will need to be understandable to a diverse audience. In broad terms, the access agreement will need to set out the level of investment the institution is making, in cash and non-cash terms. We would not expect the document to give the detailed breakdown of support an institution will be offering its students, just the overall level of bursaries involved and the techniques used to reach under-represented groups.

My institution already has a lot of documentation about its Widening Participation activity. Can this be used as part of the access agreement?

We are conscious of the need to keep burden on institutions to a minimum. If documentation such as a Widening Participation strategy is already available then this can be used to form the basis of the access agreement. Any other details, for example financial information, can be included as an annex. If other documentation is used as part of the access agreement we would require those elements relevant to the agreement to be clearly highlighted in a covering note.

How can I include the level of investment my institution will want to make into Aimhigher activity when funding has not yet been confirmed for 2006-07?

We understand from HEFCE that it is unlikely that funding for the Aimhigher programme will be confirmed within the timescale for submitting access agreements. It would therefore be reasonable to assume that funding will remain at current levels and it would be reasonable to use this assumption in an access agreement. If necessary, institutions can submit a revised agreement to us once funding details are known.

How can I plan my access agreement when I don't know if levels of HEFCE funding for Widening Participation will be maintained in the future?

Access agreements will only form one part of an institutions' overall widening participation plan. Institutions will want to look at what they are doing in widening participation as a whole when determining what they need to do to safeguard access. When preparing access agreements it would be reasonable to assume that current levels of funding will remain stable. Institutions would be free to come back to us with an amended agreement if levels change.

Should the internal costs of administering bursary schemes be included in an access agreement?

We recognise that this type of activity is not necessarily cost free so a line on additional administration costs could be included in an access agreement.

What does OFFA define as an 'under-represented group'?

These are groups that are under-represented in the sector, primarily but not exclusively determined by socio-economic factors. Student support definitions determine what are classed as low income families. It is for institutions to determine and identify these groups and decide how they want to work with them. However, it is for institutions to ensure that they are not in breach of any other legislation involving for example ethnicity or gender, when they target particular groups.

Should part-time students be included in my access agreement?

Access agreements regulate fees for full-time undergraduate students. However, institutions may wish to offer the same bursary arrangements or set milestones and objectives for part-time students. Both are acceptable and investment in access measures for part-time students can be included in an access agreement, provided they are targeted at under-represented groups.

Can I assume that the £3,000 fee cap will rise during the period of the agreement?

It is acceptable to assume that the fee will rise by inflation. Institutions should make this inflationary rise clear in any information they provide to students on the cost of their courses.

Have fee levels been set for students funded by the National Health Service and the Teacher Training Agency?

We are in discussion with the Department for Education and Skills (DfES) about Professional Graduate Certificates in Education (PGCEs). Institutions will be advised of the outcome in due course. In the meantime, a reasonable assumption on fee levels will need to be made in an access agreement. If necessary, institutions can submit a revised agreement to us once funding details are known.

The advice we have received from the DfES is that courses funded under contract by the Department of Health may not charge variable fees, are therefore outside of our remit and should not be included in any access agreement.

What period of time should my access agreement cover?

An access agreement will cover up to a five year period. Institutions can chose a shorter period if they wish.

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Milestones/objectives/monitoring

If my institution already has a high level of participation I might be doing well to maintain the status quo. Will OFFA expect me to set objectives that improve on this?

All institutions will have different starting points and their objectives and milestones should reflect how far they have to travel. For institutions where participation from under-represented groups is above the national average then, if they chose to monitor against this, sustaining this level would be a reasonable goal.

How should milestones be measured?

Measuring outputs will be the simplest form of measurement. However, if the same information can be delivered by measuring processes then this will be acceptable.

What data should be used to set and monitor milestones?

Institutions should use whatever works best for them as long as it is clear and transparent and can show what improvements are being made over time. There is a need to ensure that bureaucracy is kept to a minimum so we will not impose data sets that institutions have to monitor against and we do not expect institutions to set up new systems. Some institutions may choose to use milestones based on existing data that are already publicly available such as the Higher Education Statistics Agency (HESA) Annual Performance Indicators, or they may choose to set milestones based on robust institutional data.

If the data against which objectives and milestones are to be set, are not ready before an institution wishes to submit an access agreement, then the access agreement needs to be clear about when the data will be developed. It should also include preliminary milestones and objectives based on existing information or assumptions.

When the new data is ready to use and new milestones have been set, a revised agreement can then be submitted.

Will OFFA apply any penalties or put in place any audit arrangements?

Access agreements will operate on a basis of trust between institutions and ourselves. If an institution wants to change an agreement or alter bursary levels then we should be informed. It is likely that a sample of institutions will be audited. We will look into complaints from the public where it is alleged that levels of support committed to in the agreement are not being delivered.

Once an access agreement has been agreed can it be changed?

We recognise that the higher education environment is constantly changing so at any point an institution can submit a revised agreement for our consideration. Institutions would be welcome to contact the OFFA team to discuss any changes before re-submission.

What statistics might institutions use to help them identify the characteristics of the background population from which they are recruiting?

Some institutions have said that they would find this helpful in setting realistic objectives.

The best source is the Office for National Statistics web-site. The neighbourhood statistics section of this web-site http://www.neighbourhood.statistics.gov.uk gives details of ethnicity, social class and qualification levels for the population. The figures are derived from the 2001 census.

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Investment, bursary support and outreach activity

My institution already has a high level of participation from under-represented groups. Will I be expected to invest the same amount as an institution that does not have the same levels of social inclusion?

It is for institutions to determine an appropriate level of investment for them based on their record and their own objectives and milestones, and what they think will be a sufficient investment to achieve them. Institutions will also, no doubt, want to consider their market position. Institutions that already have a good record in widening participation may choose to spend a smaller proportion of their additional income than those with further to go and this would be acceptable.

Does OFFA have a view on what form bursaries should take?

This is for institutions to decide but it could, for example, take the form of fee waivers, subsidised books and equipment, or reductions on field trips. Any bursaries that are not targeted at under-represented groups will need to estimate and evidence what proportion of those students from under-represented groups are likely to benefit. It will be this proportion that can be counted as investment in the access agreement.

What proportion of fee income should institutions spend on outreach activity and bursaries?

It is not for us to be prescriptive about this. Institutions need to determine what will be most effective for them. For example if they choose to do so, institutions can put all their additional investment in bursaries and do no additional outreach - this may be sensible for some institutions where applications are already sufficiently diverse. However, these institutions may also identify pockets of under-representation that they wish to target with additional investment. Institutions that have further to go in attracting under-represented groups may choose to invest more in outreach. There is no one model answer and it is for institutions to decide what will be most effective for them. We will make our judgements based on the track record of the institution and the overall package provided.

How much detailed information on bursary support and outreach activity is required in an access agreement?

Information in an access agreement should be at the macro level detailing the benefits expected. The levels of support, the eligibility criteria and the extent of the bursaries (estimates of how many students will benefit and the total cost of the bursary to the institution), should be included. Institutions may wish to include more specific detail in the information they provide for prospective students.

Can bursaries be used to encourage recruitment to particular subjects?

It is a matter for institutions if they wish to offer subject-specific bursaries. Only those students recruited from under-represented groups will count as part of the access agreement.

Should institutions plan to make a consistent level of investment in outreach activities and bursaries over the period of the access agreement?

This is for institutions to decide. They may wish to increase investment in the first year of the access agreement and offer different levels after that once the market position is clearer.

Do fee levels have to remain the same for the duration of a course?

Institutions can choose to charge different rates for each year of an undergraduate course. This needs to be made clear in an access agreement and in any student information.

Will the Access to Learning Fund (ALF) be scrapped?

The DfES have advised that:

'There are no plans to scrap ALF as it still has an important role to play in providing additional support.'

We (OFFA) therefore advise that institutions continue to plan on the assumption that current ALF funds will continue to be in place post 2006.

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What will OFFA do for us?

Will OFFA have a role in influencing national policy in higher education?

The information contained in access agreements will be used to demonstrate the differences institutions are making in providing support for poorer students. We will also be submitting an annual report to Parliament. The Director of Fair Access, Sir Martin Harris, will also engage with Ministers and the DfES on any recurring issues that are raised in the access agreements or about any conflicting policies.

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Timescales for submitting access agreements

My institution is not yet clear what its fee policy will be. Do I need to complete an access agreement?

If an institution decides to charge tuition fees above the standard level from 2006 then it needs to submit an access agreement to us. However, if a decision is made to defer fees for a year then submission of an access agreement can also be delayed.

Is it possible for small institutions to negotiate a longer timescale for the submission of their access agreements?

If institutions are unable to meet the relevant submission date then they should discuss this with us. Institutions also have the option to defer charging fees until such times as they can produce an access agreement.

Will institutions be able to alter their access agreements to take account of market forces?

We are aware that institutions may need to address fee levels and bursary support to fill gaps at Clearing. Institutions can do this but should be aware that if it becomes clear to potential applicants that there are likely to be discounts in Clearing then this could have a adverse affect on the application patterns in following cycles.

Institutions can make adjustments to their fees below the levels set out in their access agreements and could offer bursaries or other financial support in excess of that set out in their agreement and they would not need to alter their access agreement to do so. It is essential that the potential student is clear at the point of application and admission about what they will be paying and what benefits will be available to them.

Institutions will need to resubmit an agreement for approval if they change their fee or bursary levels on a more permanent basis, or if they wish to raise fee levels above that stated in their agreement or reduce bursaries below levels committed to.

Institutions can, if they wish, submit an agreement that sets a range of fees and support (setting out upper and lower limits on fees and benefits), thus allowing them some flexibility. However, when assessing the agreement we would take into account the minimum level of bursaries and the maximum level of fees illustrated in the draft.

Institutions should discuss any proposed changes with the OFFA team.

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HE/FE links

Should indirectly funded institutions be producing their own access agreements?

Responsibility for the access agreement follows the funding and so lies with the lead institution. However, we would expect that institutions would first enter into discussions with their partner colleges to negotiate the details of the access agreement. Different sets of arrangements can be put in place with each partner college if necessary.

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Access agreements and EU students

How are European Union (EU) students treated in access agreements?

It is for institutions to determine the scope of their access agreements in relation to non- English UK and other EU students. We will look to get further advice in this area, but our current understanding is that institutions will need to comply with the law in respect to bursary provision. Bursaries relating to fees should be provided to all EU students, whereas bursaries for maintenance only have to be provided for English students. However, we expect that many institutions will choose not to differentiate between English and other UK students for maintenance bursaries. Institutions do not have to provide the minimum bursary to non English UK or other EU students if they relate this to maintenance rather than fees.

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Access agreements and Department of Health students

How are Department of Health (DoH) students treated in access agreements?

The Department for Education and Skills (DfES) have advised that:

'Directly funded DoH courses (such as nursing, midwifery and allied health professions) are not covered by the 2004 Higher Education Act, and so do not fall within the remit of access agreements. The charging of course fees is a matter governed by contract, and the new model national contract is still under negotiation.'

Bearing this in mind, we (OFFA) would expect institutions to assume that the current arrangements will continue for the purposes of drawing up their access agreements. If this situation changes institutions can vary and resubmit their agreements. Institutions can, if they choose, address under-representation in these courses. We would count investment in this area in an access agreement.

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Connected institutions

Who has responsibility for covering the higher education (HE) courses of connected independent dance and drama providers in their access agreements?

Should an institution decide to charge higher than standard level fees for an HE course that is covered by a Connected Institution agreement, it will be the responsibility of the lead institution to cover this in its access agreement. This advice draws on HEFCE's letter sent to all independent dance and drama providers (February 1999), where it is made clear that the lead higher education institution (HEI) has a number of responsibilities. These responsibilities include the provision of assurance to HEFCE that the provision is at HE level, that the quality of the provision and the quality assurance arrangements are appropriate, and that the financial controls and management are appropriate. In addition, students at connected institutions have previously also had access to institutional hardship funds in exactly the same way as those at the HEI. Therefore, the relationship between the connected institution and the lead extends beyond that of merely validating HE provision and is closer to a franchising arrangement.

We are aware that no announcement has been made concerning the continuation of funding arrangements for connected institutions beyond 2005-06. However, it would be reasonable to assume that present arrangements are likely to continue in the short term and so agreements should cover connected institutions where they intend to charge higher than standard level fees. If this situation changes an adjustment to individual access agreements could be made if necessary.

As with other partnership arrangements, there is no expectation that connected courses will have the same access measures as the lead HEI. However, we will assume that unless different arrangements for connected HE provision are specifically present in an institution's agreement, connected courses are covered by the general fee limits and support arrangements set out in the agreement.

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Further questions

There are a number of further areas/questions that were raised at the seminars which we are looking into. We will post updates on the OFFA web-site as and when advice is established. The areas include: legal advice on EU students, and access to Student Loans Company information.

Last updated 24 August 2005