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The Society for Research into Higher Education


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Redefining cultures of excellence: A new event exploring models for change in recruiting researchers and setting research agendas

by Rebekah Smith McGloin and Rachel Handforth, Nottingham Trent University

Research excellence’ is a ubiquitous concept to which we are mostly habituated in the UK research ecosystem.  Yet, at the end of an academic year which saw the publication of UKRI EDI Strategy, four UKRI council reviews of their investments in PGR, House of Commons inquiry on Reproducibility and Research Integrity and following on from the development of manifesto, concordat, declaration and standards to support Open Research in recent years, it feels timely to engage in some critical reflection on cultures of excellence in research. 

The notion of ‘excellence’ has become an increasingly important part of the research ecosystem over the last 20 years (OECD, 2014). The drivers for this are traced to the need to justify the investment of public money in research and the increasing competition for scarce resources (Münch, 2015).  University rankings have further hardwired and amplified judgments about degrees of excellence into our collective consciousness (Hazelkorn, 2015).

Jong, Franssen and Pinfield (2021) highlight that the idea of excellence is a ‘boundary object’ (Star and Griesemer, 1989) however. That is, it is a nebulous construct which is poorly defined and is used in many different ways. It has nevertheless shaped policy, funding and assessment activities since the turn of the century. Ideas of excellence have been enacted through the Research Excellence Framework and associated allocation to universities of funding to support research, competitive schemes for grant funding, recruitment to flagship doctoral training partnerships and individual promotion and reward.

We can trace a number of recent initiatives at sector level, inter alia, that have sought to broaden ideas of research excellence and to challenge systemic and structural inequalities in our research ecosystem. These include the increase of impact weighting in REF2021 to 25%, trials of systems of partial randomisation as part of the selection process for some smaller research grants, e.g. British Academy from 2022, the Concordats and Agreements Review work in 2023 to align and increase influence, capacity, and efficiency of activity to support research culture and the recent Research England investment in projects designed to address the broken pipeline into research by increasing participation of people from racialised groups in doctoral education.

At the end of June, we are hosting an event at NTU which will focus on redefining cultures of research excellence through the lens of inclusion. The symposium, to be held at our Clifton Campus on Wednesday 28 June, provides an opportunity to re-examine the broad notion of research excellence, in the context of systemic inequalities that have historically locked out certain types of researchers and research agendas and locked in others.

The event focuses on two mutually-reinforcing areas: the possibility of creating more responsive and inclusive research agendas through co-creation between academics and communities; and broadening pathways into research through the inclusive recruitment of PhD and early career researchers. We take the starting position that approaches which focus on advancing equity are critical to achieving excellence in UK research and innovation.

The day will include keynotes from Dr Bernadine Idowu and Professor Kalwant Bhopal, the launch of a new competency-based PGR recruitment framework, based on sector consultation, and a programme of speakers talking about their approaches to diversifying researcher recruitment and engaging the community in setting research agendas. 

NTU will be showcasing two new projects that are designed to challenge old ideas of research excellence and forge new ways of thinking. EDEPI (Equity in Doctoral Education through Partnership and Innovation Programme) is a partnership with Liverpool John Moores and Sheffield Hallam Universities and NHS Trusts in the three cities. The project will explore how working with the NHS can improve access and participation in doctoral education for racially-minoritised groups. Co(l)laboratory is a project with University of Nottingham, based on the Universities for Nottingham civic agreement with local public-sector organisations. Collab will present early lessons from a community-informed approach to cohort-based doctoral training.

Our event is a great opportunity for universities and other organisations who are, in their own ways, redefining cultures of research excellence to share their approaches, challenges and successes. We invite individuals, project teams and organisations working in these areas to join us at the end of June, with the hope of building a community of practice around building inclusive research cultures, within and across the sector.

Dr Rebekah Smith McGloin is Director of the Doctoral School at Nottingham Trent University and is Principal Investigator on the EDEPI and Co(l)laboratory projects. 

Dr Rachel Handforth is Senior Lecturer in Doctoral Education and Civic Engagement at NTU.


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Landscapes of Learning for Unknown Futures: Prospects for Space in Higher Education Reflections on Networks Symposium, 26 April 2023

by Sam Elkington and Jill Dickinson

Wednesday April 26 saw the launch of the SRHE ‘Landscapes of Learning for Unknown Futures: prospects for space in higher education’ symposium series, delivered in partnership with series co-convenors Professor Sam Elkington and Dr Jill Dickinson. This blog was compiled and edited by Sinead Murphy.

The intention of this Symposium Series is to bring together leading voices and space-based research from across the field to encourage critical discussion and debate with a view to generating and encapsulating key insights around contemporary landscapes of learning in HE. Traditionally, the needs of learning spaces have been often pushed into the background of institutional planning, decision-making, and curriculum design in favour of other, more visible performance measures of the student experience. Now the changing requirements of learning spaces are top of the agenda for university leaders, estates teams, and practitioners who must recognise and understand how learning can take place anytime and anywhere and, therefore, imagine new and radical strategies for student-centred, sustainable campus design.

We offer the concept of ‘learning landscape’ as a basis on which to explore how universities can use different ideas about learning spaces to reflect changing preferences, incorporate digital technologies, and critically consider future possibilities. This Symposium Series presents opportunities for key stakeholders to discuss and debate  new possibilities for pedagogy, technology, and learning spaces. Enacted through separate, hybrid symposium events, and structured through the prism of one of three thematic lenses – networks, flexibilities, and assemblages – the Series has been informed by a ‘Kaleidoscope of Notions’ (Wang et al, 2011) for interrogating theoretical and applied perspectives and priorities for future learning spaces.  We aim to encourage an overarching reflexive conversation with, and for, the sector.

Networks

The initial Networks themed symposium charted a focus shift in HE. It recognised that the contemporary learning landscape needs to be considered less in terms of singular learning spaces and more in terms of how spaces are becoming increasingly connective, permeable, networked, and interwoven (both physically and digitally) to provide inclusive and adaptive learning environments.

In her keynote address, Professor Lesley Gourlay offered a critical take on the concept of networks in HE learning and teaching. She highlighted an overemphasis on connection (defined in terms of interlinkages between discrete nodes) and the mediating role of technology in associated learning processes. Noting the inseparability of physical and digital space in and for learning, Lesley argued for the need to push beyond now established post-digital configurations of space and knowledge generation, towards a conceptualisation of ‘lived’ learning encounters as being more-than-digital, situated within an unfolding meshwork of formal and informal spaces. Lesley drew upon the work of Tim Ingold to animate her view of the meshwork of intertwined learning spaces in HE, pointing to the need to retain three critical components of the learning landscape:  ephemerality, co-presence with others, and the significance of finding seclusion and stillness. From this perspective, the spaces ‘between-the-lines’ possess value for students in their coming-to-know about their subjects, as well as themselves, offering what Lesley described as ‘fugitive spaces’; fleeting yet meaningful assemblages of space and practice that help students to navigate the increasing sprawl of HE campuses and their digital appendages.

In her talk, ‘Mattering, meaning making and motivation: building trust and respect through multimodal social learning communities’, Sue Beckingham shared insights from work exploring how social media can be used to support student mattering, helping to mediate intentional communicative action and trust across formal and informal spaces for learning. Drawing on the ideas of ‘bonding’ and ‘bridging’ social capital, Sue challenged us to question assumptions we can sometimes make about the concept of mattering, it being more than an exercise in fostering social connections between individual learners. Sue’s work provided a compelling empirical basis for utilising multimodal strategies to help students understand what is expected of them in spaces both on and off campus. For Sue, such strategies function as ‘gestures’ that encourage, and model for, relational practices through shared experiences where students have learned to work cooperatively across contexts and boundaries. 

Dr Julianne K Viola’s talk, ‘Nurturing meaningful connection in a new era of learning’, introduced longitudinal research that began before the pandemic and continued through periods of online and hybrid delivery, as well as taking in the more recent return to campus. Julianne’s research sought better understanding of the factors that influence students’ ability to navigate their university settings and build meaningful connections with campus space(s) and student communities. By encompassing student experiences prior to, during, and post-pandemic, Julianne provided unique insight into what matters most for students in building and maintaining a sense of belonging and community across different modes of delivery and experience. Key findings highlighted the significant impact that the lack, or absence, of physical contact with space, and the limited ability to connect and socialise with others, had on student engagement and motivation in, and for, their learning. Further insights pointed to the prevalence and persistence of certain structural barriers – viewed in terms of how certain physical (campus) and virtual spaces are set up and utilised – that can undermine or weaken meaningful connections for students. Supporting similar insights shared in Sue Beckingham’s earlier talk, students reported a positive or enhanced sense of belonging and community with their university settings when a mix of formal and informal spaces were available to them as ‘touch points’ in their wider experiences. Crucially, this merging of spaces points to the affective dimension of networked space as a means of nurturing meaningful connections for students on both an individual and collective level.

In his talk ‘Physical learning spaces and networked landscapes of learning: Prismatic mediations’, Dr Brett Bligh problematised how physical learning spaces mediate networked landscapes of learning, arguing that physical spaces exhibit multiple mediation on what is expected and made possible for students and educators therein. Brett challenged the established logic of ‘built pedagogy’, and associated proliferation of solutions in modern campus development, on the grounds that such solutions are typically based on a model of deploying different types of learning spaces to mediate certain forms of educational practice. 

Brett was quick to highlight the limiting nature of such an attitude towards learning space and how it encouraged certain ways of interacting and speaking about space production. Brett’s view is that, in the practice realities of learners and educators, such activities constitute a wider learning landscape comprised of a range of environments, people, social structures, and resources. It is within these ‘mediations’ that physical learning spaces are appropriated, and their agentic qualities and rhythms revealed. Building on established research, Brett made the case for an alternative language for conceptualising how space is a “mediating factor” within the actual practices of HE that is based around six core concepts, wherein space is understood to be transparent, enabling, stimulating, associative, cognitively integrated, and socially integrated. Whereas earlier research conveys distinctly normative views on space, focused largely on stability, this alternative framework is oriented towards encouraging stakeholders to reflect on their experiences and explore future possibilities within their institutions. Brett wants the associated vocabulary to support reflection, re-thinking, and re-conceptualisation – as stakeholders use it to explore their experiences and aspirations together.  

In the afternoon panel discussion contributors were given licence to expand, elaborate, and cross-examine the work presented with the aim of considering more deeply the ‘prospects for space’. Discussion identified the importance of connection, mattering, belonging, and a clear need to move away from performative paradigms in learning space and campus design towards a more participative paradigm of practice. Such a paradigm shift would acknowledge the rhythms of connections, of continuities and discontinuities in space, of working socially and solitarily, identifying, and intentionally inviting touchpoints that converge at the boundaries of experience (physical, virtual, and emotional). New strategies for enabling learning and accommodating the multiple demands on today’s students necessitate a rethinking of the  uses and locations of learning space. Increasingly, this will require universities, educators, and students to be flexible and network-minded in how they seek out, and bring together, formal and informal activities in an environment that recognises that learning can take place any time, in either physical and/or virtual spaces.

The powerful insights emerging from this first symposium have encouraged us to think about how we can help scaffold the spaces that students are already using for learning. We can draw on their experiences of using these locations and technologies to adopt student-centred approaches to designing landscapes of learning that extend across and beyond the campus. Our next symposium considers these, and related, ideas through the lens of Flexibility: we will explore how learning is situated relative to the demands of students for greater control in fitting their studies around their learning needs and preferences, as well as other aspects of their lives. Such a view implies a necessity for widening and loosening of the boundaries of conventional learning spaces to provide greater potential flexibility in how, where, and when learning happens. We hope that you will join us on 14th June, online or in person at SRHE’s offices, to continue this conversation.

Sam Elkington is Professor of Learning and Teaching at Teesside University where he leads on the University’s learning and teaching enhancement portfolio. Sam is a PFHEA and National Teaching Fellow (NTF, 2021). He has worked in Higher Education for over 15 years and has extensive experience working across teaching, research and academic leadership and policy domains. Most recently Sam worked for Advance HE (formerly the Higher Education Academy) where he was national lead for Assessment and Feedback and Flexible Learning in Higher Education. Sam’s most recent book (with Professor Alastair Irons) explores contemporary themes in formative assessment and feedback in higher education: Irons and Elkington (2021) Enhancing learning through formative assessment and feedback London: Routledge.

Dr Jill Dickinson is an Associate Professor in Law at the University of Leeds. As SFHEA, Jill has also acted as a reviewer for the Advance HE Global Teaching Excellence Awards. A former Solicitor, specialising in property portfolio management, Jill’s research explores place-making and professional development and her work has been recognised in the Emerald Literati Awards.


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Writing a Book Proposal

by Rachel Brooks and Sarah O’Shea

Professor Rachel Brooks and Professor Sarah O’Shea (editors of the SRHE/Routledge Book series) recently ran a Professional Development Programme event on ‘Writing a Book Proposal’. Sarah and Rachel offered their insights as authors and editors, discussing some questions frequently asked by those thinking of putting a book proposal together; they also include some advice from a publisher’s perspective offered by our colleagues at Routledge. This summary has been compiled and edited by Sinead Murphy, SRHE Manager, Conferences and Events.

Publishing a book is a significant undertaking – so why do it? Writing a book is a means for researchers to provide an in-depth and coherent account of their work, that often isn’t possible in shorter articles or other formats. Books are accepted in social sciences (including higher education research) as appropriate outputs, and provide opportunities to reach a larger, sometimes international, audience for your work.

Before embarking on such a project, it is important to consider the different options available for disseminating your research, and the advantages and limitations of each. Firstly, you may wish to weigh up the distinctions between edited books and monographs:

  • The labour of producing a co-edited book is distributed across a group authors and editors, and the format can facilitate a greater range and diversity of perspectives around a single topic or theme. At the same time, co-edited volumes demand a lot of time and project management from the editor(s), who must also ensure the overall quality of the finished product.
  • Monographs, on the other hand, are generally sole-authored or sometimes involve a small author team, such that the writing can be well-integrated, with ideas and arguments explored in significant depth. A sole-authored book involves a great deal of time, energy, and labour, but is an excellent addition to your CV.

Some of the most innovative books in the field of higher education research are based on doctoral research. However, turning your PhD thesis into a book often requires a substantial amount of work, and there are some specific considerations worth bearing in mind during this process:

  • Thesis chapters do not automatically translate to book chapters – restructuring, rewriting, revision, and addition is often required. Books typically do not, for example, tend to feature the same level of detail around methodological decisions and process as is found in a doctoral thesis. You may also need to ‘slice’ your thesis and explore a specific area or theme more deeply.
  • Consider any overlaps with previously published journal articles. Some publishers may be concerned about what will be novel or original about your book if you have already published extensively from your PhD research, while for others this may not be a significant issue. It’s therefore worth discussing this topic with your target publisher at an early stage, to establish what kind of changes or developments may be expected for a book proposal to be successful.
  • Discuss your publication plans (and/or draft proposal) with your current or former supervisor, or other experienced academics in your department or field. The transition from publishing works in progress and journal articles to publishing books can seem like a big leap, but supervisors – who know your work very well – are generally happy to discuss and advise on this process.

With your initial preparation complete, you may feel ready to approach a publisher. What are the next logical steps?

  • Research your publishing options, and consider not only what would best suit your field and specific topic, but also your motivation for writing the book. Are you, for instance, trying to apply for a job or promotion? If so, which publisher is highly regarded in your field?
  • Once you have decided on your publisher of choice, consider sending an informal e-mail to the editor(s). Your e-mail should provide a brief overview of your idea or focus and seek to gauge some feedback on whether this would appeal to the series – the response you receive can help you to quickly establish whether a publisher is the right fit for your work.
  • Check the different publication options offered – is a paperback option available? Hard copies can be prohibitive in terms of cost to the prospective reader, and so a paperback option could be a key selling point down the track. Are there options for open access – and if so, what are the fees and charges? Some contracts or research projects include funding for these costs.

Once you have conducted this initial research, a publisher may invite you to write a proposal – this is a formal expression of what you hope your book will contain, which provides the basis for the publisher (and others) to make a final decision regarding a potential book contract.

Usually there is a form or template available on the publisher’s website or which they can send you, which must be carefully followed. These forms vary across publisher, so it is important to access this early in your process to tailor your proposal to what the publisher is asking for. While completing this form:

  • Consult examples of successful proposals – colleagues in your department or wider network will often be happy to share.
  • Provide details of your writing or editing experience – this is an opportunity to outline what you have already published from your PhD.
  • The proposed timeline for someone drawing on their finished thesis will be much shorter than that of someone starting from scratch with a new research project. It is important to be realistic about how much writing you have done already, and your existing commitments. A typical timeline may be around one year from the date on which the book contract is signed, but this varies greatly depending on individual circumstances.
  • Many publishers prescribe a minimum and maximum length for the finished book (normally around 80,000 words) but this varies between publishers, and there is increasing variety in length.
  • A book proposal should also include a concise overview expressing the unique selling point of your book, a chapter-by-chapter summary, a list of competing titles in the same area as your proposed book (and what makes your book distinct from these) and the potential market for your book (academics, students, researchers, others?). Some of this can be more challenging with edited collections if you are planning a call for proposals, but both publishers and peer reviewers need to see what you are planning to include to assess the proposal fully.

Some further writing advice from a publisher’s perspective offered by Routledge, but widely applicable across many academic publishers, is:

  • Take your time writing

It is obvious to those assessing a proposal if it has been rushed. Use the proposal as an opportunity to best advertise yourself, your author voice, and your ideas. Ensure you answer all questions on the template provided by the publisher or series editor fully – missing out on questions can imply to the publisher that your idea is not fully developed.

  • Be clear and accessible in your language

While the editor you submit your proposal to at the publisher will work within your subject area, eg education, they are unlikely to be an expert in your specific topic. Make sure you spell out acronyms or technical terms the first time you use them and reference the work you are building upon.

  • Think about the market/intended audience for the book

Publishers need to know that there is a clear route to market for your book, in addition to its academic merit. Make sure you express who you think your reader will be and how they are going to use your book. What are the key objectives of your book, and why is it needed? Making this clear in your proposal shows that you are serious about writing a book and that you have a good awareness of your key market and what else has published in the area.

  • Recommend potential reviewers

The publisher may ask you to recommend peer reviewers as part of the proposal stage, generally requesting that they are at a different institution to you and spanning a range of locations if you are aiming at an international audience. Routledge does not guarantee to contact all of these people – and their peer review process is anonymised so you won’t know this for definite – but they provide another indication of who you are writing for. This can help the publisher search for other potential reviewers and ensure your book is correctly positioned within their publishing programme.

  • Supply abstracts, table of contents, and a description of the book wherever possible

At the formal proposal stage, you should have a good idea of what the book will be about. Supplying this material can be more difficult when it comes to edited collections particularly if you are planning a call for proposals, but the publisher needs to see what you intend to include to assess the proposal fully – as do peer reviewers.

If you are considering proposing a book for inclusion in the SRHE/Routledge Book Series Research in Higher Education, please contact Rachel Brooks (r.brooks@surrey.ac.uk), Sarah O’Shea (sarah.oshea@curtin.edu.au) or Clare Loughlin-Chow (SRHE Director, clare.loughlin-chow@srhe.ac.uk).

Professor Rachel Brooks is Professor of Sociology and Associate Dean for Research and Innovation at the University of Surrey, UK. As well as being co-editor of the Routledge/SRHE book series, she is editor-in-chief of Sociology and an executive editor of the British Journal of Sociology of Education. She has published widely in the sociology of higher education. Recent books include Student Migrants and Contemporary Educational Mobilities (with Johanna Waters); Reimagining the Higher Education Student (with Sarah O’Shea) and Sharing Care (with Paul Hodkinson).

Professor Sarah O’ Shea is a national and international recognised educator and researcher, who applies sociological perspectives to the study of higher education equity. Sarah has also held numerous university leadership positions, which have directly informed changes across the Australian higher education sector, particularly in the field of educational equity. She is a prolific writer, with over 80 publications including books, book chapters, scholarly journal articles, media articles and commissioned reports produced in the last decade.


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The health of higher education studies – cause for optimism?

By Rachel Brooks

How healthy is the area of higher education studies? When we look at the extant literature, there seems to be cause for concern. Scholars have noted: the frequent absence of theory and short-term focus of such research; the proximity of researchers to policy-makers which, it is argued, can make critical distance hard to achieve; and the fragmentation of the field. Higher education research has also been critiqued for occupying a relatively marginal place within the wider discipline of educational research. Nevertheless, I suggest that an analysis of recent data paints a rather different, and more optimistic, picture.

Indeed, there is mounting evidence that higher education research is an increasingly vibrant area of enquiry. In relation to research funding, for example, data from the UKRI’s Gateway to Research on the number of grants awarded from the Economic and Social Research Council (ESRC) and the Arts and Humanities Research Council (AHRC) (Figure 1) indicate that, since the turn of the century, higher education-focussed projects have regularly been funded, albeit still not to the same extent as those that are schools-orientated. The grants from these bodies are relatively large (for the arts, humanities and social sciences), and are typically expected to make a theoretical, not only empirical, contribution.

Figure 1. Number of ESRC and AHRC grants awarded by ESRC and AHRC, with higher education or school in title, 2006-2022, by date of award*

Source: UKRI Gateway to Research database

*The data show only the date of the award, not the years over which the award was spent.

NB Data are available from 2004, but no education grants are recorded for either 2004 or 2005.

Vibrancy within the field of educational studies is also evidenced in data from the most recent national research assessment exercise in the UK (REF2021). As the exercise allowed researchers to be much more selective about the work they submitted for assessment than in previous exercises (ie they were required to submit a minimum of one research output and, across submissions as a whole, an average of 2.5 such outputs per full-time member of staff, compared with a minimum of four submissions per staff member in REF2014), the work submitted is clearly only a relatively small proportion of the overall research conducted within the area. Nevertheless, the data do facilitate comparative judgements over time, as well as giving a good sense about what is considered, by both individuals and institutions, to be high quality work within education. As Table 1 shows, the percentage of outputs submitted to the Education unit of assessment for REF2021 that focussed on higher education, at 14 per cent, was markedly higher than the corresponding proportion in the previous exercise, at nine per cent. A similar increase was evident in relation to the impact case studies submitted for both exercises, with the number of higher education-focussed impact case studies increasing from 15 per cent of all those submitted to the Education unit of assessment in REF2014 to 21 per cent in REF2021 (see Table 2). The increased vibrancy of higher education scholarship was also noted within the final report for the Education unit of assessment, which explicitly remarked on the growth in this area since REF 2014.   

Table 1. Submission to REF2021 Education sub-panel: outputs

 Total number of outputsHE-focussed outputsPercentage
REF201455195029
REF2021527273014

Source: REF2021 database; REF2014 analysis from Cotton et al 2018

Table 2. Submission to REF2021 Education sub-panel: impact case studies (ICS)

 Total number of ICSHE-focussed ICSPercentage
REF20142143215
REF20212264721

Source: REF2021 database; REF2014 analysis from Cotton et al 2018

The third source of evidence for the vibrancy of higher education within educational research is individual journals. The British Journal of Sociology of Education is a well-established international journal, based in the UK, which publishes work across many areas of education from pre-school to adult education and workplace learning. A comparison of the content of articles published in this journal since the turn of the century indicates that the proportion of work focussed on higher education has seen a steady growth, with a particularly large number of articles published over the most recent period (see Figure 2). Alongside this, new higher education journals have emerged over recent years. Policy Reviews in Higher Education, for example, was launched in 2017, with the remit of publishing articles that engage explicitly with topical policy questions and significant areas of higher education policy development.

Figure 2. Percentage of articles focussing on higher education published in the British Journal of Sociology of Education, by issue number: 20 (1999) to 43 (2023)

Source: British Journal of Sociology of Education website

Evidence from these three sources – research funding bodies, the UK’s national research assessment exercise, and education journals – indicates that higher education research now occupies an important place within the wider educational research landscape, and has grown in vibrancy over the past ten to twenty years. Moreover, it appears to have successfully addressed some of the weaknesses identified by scholars a decade or so ago, which were outlined above. The success of higher education researchers in securing grants from prestigious funding bodies suggests that they are no longer dependent on the short-term grants from policy organisations, enabling the exploration of issues in more depth across longer timescales. All three sources of evidence discussed above also indicate that the ‘absence of theory’ is no longer an accurate characterisation of the field. As noted above, UKRI grants typically require grant-holders to make a theoretical contribution, as well as an empirical one, through their work, while a robust conceptual framework is obviously important to work published in high status journals (such as the British Journal of Sociology of Education) and likely to be a consideration for work selected for submission to REF2021, given the relatively low number of submissions required per individual.

The vibrancy of higher education research can be explained by factors at a variety of levels. First, despite the points above about the ‘critical distance’ between researchers and policymakers, it seems very likely that much higher education research is related to the wider national policy context in the UK (and other parts of the world), in which politicians and policymakers have shown a high level of interest in the higher education sector, and taken up an increasingly interventionalist stance. Researchers are likely to be, in part, responding to this political prioritisation. The ongoing massification of higher education in the UK, with around 50 per cent of each cohort going on to degree-level study, may also have driven research activity in this area – with researchers cognisant of the importance of the sector to many people’s lives. As scholars have noted previously, higher education research is also encouraged at the institutional level – not only through the work of academic development units (or similar) – but also through the funding made available by universities to their academic staff to better understand their student populations and/or to pursue pedagogical research, with the aim of improving processes of teaching and learning. Often these are bound up quite closely with the wider policy environment: a desire to use research to improve ‘the student experience’ may be underpinned by market imperatives – for example, to improve an institution’s performance in the National Student Survey. Increased support from professional organisations (such as the SRHE and the network of Early Career Higher Education Researchers) is likely to have also played a role in the stimulation of higher education research. Finally, the ease and low cost of access to research participants (ie students and higher education staff) may also have driven enquiry in this area, in a context where research funding has become extremely competitive. While there are many reasons to be concerned about the focus of researchers’ gaze (ie the state of UK higher education itself), the current vibrancy of higher education studies is, in many ways, to be celebrated.

This blogpost is based on an article that has recently been published in the British Journal of Educational Studies.

Professor Rachel Brooks is Professor of Sociology and Associate Dean for Research and Innovation at the University of Surrey, UK. As well as being co-editor of the Routledge/SRHE book series, she is editor-in-chief of Sociology and an executive editor of the British Journal of Sociology of Education. She has published widely in the sociology of higher education. Recent books include Student Migrants and Contemporary Educational Mobilities (with Johanna Waters); Reimagining the Higher Education Student (with Sarah O’Shea) and Sharing Care (with Paul Hodkinson).

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SRHE News on Publishing: reports from April 2023

by Rob Cuthbert

One of the benefits of SRHE membership is exclusive access to the quarterly newsletter, SRHE News, www.srhe.ac.uk/publications/srhe-newsletter. SRHE News typically contains a round-up of recent academic events and conferences, policy developments and new publications, written by editor Rob Cuthbert. To illustrate the contents, here is part of the April 2023 issue on recent developments in Publishing. If you would like to see a sample issue just email rob.cuthbert@uwe.ac.uk or rob.gresham@srhe.ac.uk.

Open access

John Sherer (North Carolina) blogged for The Scholarly Kitchen on 23 March 2023 about a recent initiative to publish open access monographs in history, reporting technical problems, author resistance but also much greater take-up/use, with about three times as many reported individual engagements as even a successful paywalled monograph.

An article on 6 March 2023 by Alexander B Belles and colleagues from Penn State in the Journal of Science Policy and Governance made recommendations about how to handle  the US Office of Science and Technology Policy requiring that all federally funded scholarly research be accessible to the public immediately upon publication. The article said: “While this open access policy will ultimately benefit society by increasing the availability of data and research outputs, it could place a heavy burden on researchers due to the relatively high cost of open access alongside an academic culture that tends to favor publishing in high impact subscription journals. We … offer recommendations for agencies, universities, and publishers to mitigate the impacts on researchers.” One recommendation was to consider cancelling publisher subscriptions and divert funds to author processing charges.

Jack Grove reported for Times Higher Education/insidehighered.com on 16 March 2023 on the suspiciously remarkable expansion of Swiss open-access publisher MDPI, which published no fewer than 240,500 articles in 2021, “just slightly fewer than Springer Nature and Elsevier’s combined open-access total that year, levying an average article processing charge of 1,258 Swiss francs ($1,364) per paper.” Jack Grove had reported for Times Higher Education on 15 March 2023 that analysis by economist Paolo Crosetto (National Research Institute for Agriculture, Food and Environment, France) showed “the number of MDPI’s special issues continued to rise sharply in 2022. Focusing on 98 MDPI journals with an impact factor, there were 55,985 special issues with a closing date in 2023, as of 23 February, Dr Crosetto told Times Higher Education. That compares with 39,587 open special issues identified at the end of March 2021, although only 10,504 of these eventually published anything. In 2022, 17,777 special issues published content.” Mark Hanson (Exeter) blogged about the predatoriness of MDPI on 25 March 2023.

Web of Science reported on 20 March 2023 that it had this year already disqualified some 50 journals, including an MDPI flagship journal, from having an impact factor in future. Christos Petrou of Scholarly Intelligence blogged for The Scholarly Kitchen on 30 March 2023 about the recent delisting of 50 journals, its implications for publishers, including MDPI, Hindawi and Wiley (which recently acquired Hindawi), and the consequences of the ‘guest editor’ model which underpins the recent growth of MDPI and other journals.

Shaping the field of lifelong education

The editors of theInternational Journal of Lifelong Education looked back on 40 years of the journal  to develop themes which had shaped the field. They chose “citizenship and its learning; learning in, through and for work; and widening participation and higher education”. The article by John Holford (Nottingham) and his co-editors was part of the journal’s retrospective issue 41(6) (2 November 2022).

Books with DOIs are more discoverable on Google Scholar

Lettie Y Conrad (independent) and Michelle Urberg of EBSCO blogged for The Scholarly Kitchen about their funded study to find how metadata contributes to the successful discovery of academic and research literature via the mainstream web. “Initial results indicated that DOIs have an indirect influence on the discoverability of scholarly books in Google Scholar — however, we found no direct linkage between book DOIs and the quality of Google Scholar indexing or users’ ability to access the full text via search-result links. Although Google Scholar claims to not use DOI metadata in its search index, the results of our mixed-methods study of 100+ books (from 20 publishers) demonstrate that books with DOIs are generally more discoverable than those without DOIs.

Why journal submissions get rejected

Alex Edmans (London Business School) reflected on his experience as editor of the Review of Finance and analysed his reasons for rejecting nearly 1000 submissions, for SSRN on 9 February 2023.

The ethics of peer review

The endless lament of journal editors about finding reviewers continued, as Dirk Lindebaum (Grenoble Ecole de Management) and Peter J Jordan (Griffith) mused in Organization (30(2) 396-406) on reviewer disengagement: “… an audit culture in academia and individual incentives (like reduced teaching loads or publication bonuses) have eroded the willingness of individuals to engage in the collective enterprise of peer-reviewing each others’ work on a quid pro quo basis. … it is unethical for potential reviewers to disengage from the review process … we aim to ‘politicise’ the review process and its consequences for the sustainability of the scholarly community. We propose three pathways towards greater reviewer engagement: (i) senior scholars setting the right kind of ‘reviewer’ example; (ii) journals introducing recognition awards to foster a healthy reviewer progression path and (iii) universities and accreditation bodies moving to explicitly recognise reviewing in workload models and evaluations. … the latter point … aligns individual and institutional goals in ‘measurable’ ways. In this way, ironically, the audit culture can be subverted to address the imbalance between individual and collective goals.”

Identity theft prompts scientists worldwide to contemplate legal action

Jack Grove reported for Times Higher Education/insidehighered.com on 10 February 2023 that many leading scientists had been wrongly named as authors or editors on AI-generated papers and predatory journals. Some were considering legal action, which might be supported by UKRIO.

The gaming of citation and authorship

Stuart Macdonald (Leicester) wrote a truly terrifying analysis of the extent of misrepresentation in academic publishing, in Social Science Information (online 7 February 2023): “Many authors in medicine have made no meaningful contribution to the article that bears their names, and those who have contributed most are often not named as authors. Author slots are openly bought and sold. The problem is magnified by the academic publishing industry and by academic institutions, pleased to pretend that peer review is safeguarding scholarship. In complete contrast, the editors of medicine’s leading journals are scathing about just how ineffectual is peer review in medicine. Other disciplines should take note lest they fall into the mire in which medicine is sinking.”

APCs are a heavy burden for middle-income countries

Alicia J Kowaltowski (São Paolo) and colleagues from Brazil blogged for The Scholarly Kitchen on 9 March 2023 about the way author processing charges can be a major problem for middle-income countries like Argentina, Brazil, India, Mexico, and South Africa.

Predatory journals and the mislocated centres of scholarly communication

Franciszek Krawczyk and Emanuel Kulczycki (both Adam Mickiewicz University in Poznań, Poland) argued in their article in Tapuya: Latin American Science, Technology and Society (2021, 4(1)) that so-called predatory journals may have a significant role in enabling otherwise marginalised scholars to maintain their academic careers despite a location on the periphery of mainstream academic debate. “Knowledge production is an important factor in establishing the geopolitical position of countries … we introduce the term “mislocated centres of scholarly communication” to help better understand the emergence of predatory journals, and journals that bear similarities to them, in geopolitical peripheries. Mislocated centers of scholarly communication are perceived in the peripheries as legitimized by the center but are in fact invisible or illegitimate in the center. Thus, we argue the importance of viewing these mislocated centers as the result of unequal power relations in academia. … predatory journals are a geopolitical problem because the geopolitical peripheries of science are much more often harmed by them than the center. Unlike predatory journals, mislocated centers of scholarly communication are not necessarily fraudulent but rather they are geopolitical roles imposed on some journals by a dynamic between center and peripheries.”

Routledge/Taylor & Francis acquire US publisher Stylus

The founder of Stylus Publishing announced in an email to authors on 2 March 2023 that the publisher will be sold to Taylor & Francis and operate as part of its Routledge division, as Doug Lederman reported for insidehighered.com on 3 March 2023. “Founded in 1996, Stylus’ publishing focuses on higher education, covering such areas as teaching and learning, student affairs, professional development, service learning and community engagement, study abroad, assessment, online learning, racial diversity on campus, women’s issues, doctoral education, adult education, and leadership and administration.” The publisher seems mainly to produce practical guides for US HE, with no obvious impact more widely.

Rob Cuthbert is the editor of SRHE News and Blog, emeritus professor of higher education management, Fellow of the Academy of Social Sciences and Fellow of SRHE. He is an independent academic consultant whose previous roles include deputy vice-chancellor at the University of the West of England, editor of Higher Education Review, Chair of the Society for Research into Higher Education, and government policy adviser and consultant in the UK/Europe, North America, Africa, and China. He is current chair of the SRHE Publications Committee and of the Editorial Advisory Board for Studies in Higher Education.

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Oppenheimer

by Paul Temple

A movie about the life and work of J Robert Oppenheimer, called simply Oppenheimer, with Cillian Murphy in the title role, is due to be released in the UK this summer. It looks as if the movie will deal mainly with the three years of Oppenheimer’s life when he led the Manhattan Project’s scientific team which produced the first atomic bomb in 1945, but his life story holds many other points of interest for those of us studying higher education. Oppenheimer was primarily a university teacher, researcher, and administrator, before the war mostly at Berkeley and after the war as the Director of Princeton’s Institute for Advanced Study, where his staff included Einstein, Bohr and Dirac.

A particular point of historical interest is that Oppenheimer’s academic career spanned the period during which Europe, as a result of self-inflicted wounds, ceded world scientific leadership to the United States. When Oppenheimer graduated from Harvard in 1925, young American scientists wanting to work with the world’s best researchers crossed the Atlantic as a matter of course. As a theoretical physicist, Oppenheimer’s choice was between Germany, particularly Göttingen and Leipzig, and England, particularly Cambridge. Cambridge didn’t work out well, so in 1926 he went to work with Max Born, one of the leading figures in quantum mechanics, at Göttingen, receiving his doctorate there just a year later. There were presumably no wasted words in his 25-page thesis.

Several factors came together to allow America to build an atomic bomb in a stunningly short period. The crucial phase of the Manhattan Project, from when the first scientists arrived at the newly-created Los Alamos laboratory (a collection of army huts) to the “Trinity” test in the New Mexico desert on 16 July 1945, lasted a mere 28 months. But the Manhattan Project built on the best available physics and engineering research, created in American universities in the 1930s – Berkeley and Chicago in particular – largely with public funding for the purest of research. Through the 1930s, for example, Berkeley seemed to have no particular difficulty in obtaining funding to build ever more powerful cyclotrons (the first particle accelerators, allowing the production of radioactive isotopes), but with no practical aim in view: nobody seems to have asked them for an impact statement.

America also took full advantage of talent sucked in from Europe, particularly Jewish refugees from Germany, Hungary and Italy. Britain also took in foreigners: Rudolf Peierls and Otto Frisch, both German-Jewish refugees, worked at Birmingham University in the 1940s and made a vital contribution to building the bomb by showing that the amount of uranium-235 needed to sustain a chain reaction was a matter of kilograms, not tons as had been thought – thus making the bomb a practical proposition.

A lot of things supported the Manhattan Project’s success, but large-scale, long-term funding for blue-skies research, together with a policy of grabbing talent from wherever it could be found, and a sophisticated manufacturing economy, were all crucial. Hard to decide which of these factors is the least likely to apply in Britain today.

Oppenheimer’s loss of his security clearance in 1954 was devastating for a man with a strong sense of national duty. There are several ironies here. One is that, while Oppenheimer’s politics were certainly left-wing, he was notably clear-eyed about the Soviet Union, concluding as early as 1947 that negotiations with Stalin over the control of nuclear weapons would be a waste of time. And, just as past service to the Soviet state was no guarantee of one’s future safety, so the fact that Oppenheimer had given America the bomb (“What more do you want, mermaids?”, a friend asked at his Security Board hearing) did not protect him from the FBI’s unshakeable obsession about his political unreliability (of course, they missed the actual Soviet spies). There is a depressing contrast between this cold war paranoia and the open, international culture which Oppenheimer had known before the war. Princeton’s refusal to bow to pressure from Washington to sack him must have been a consolation of sorts.

There was a reflective silence in the control bunker immediately following the “Trinity” explosion. Oppenheimer later said that he thought of the line from Hindu scripture (he read Sanskrit),”Now I am become death, the destroyer of worlds”. It seems not to be entirely clear whether he actually uttered the words; someone present recalls him saying, “Well, I guess it worked”.Let’s see how the movie handles this era-defining moment.

Dr Paul Temple is Honorary Associate Professor in the Centre for Higher Education Studies, UCL Institute of Education.

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Irregulation: is the Office for Students fit for purpose?

by Rob Cuthbert, SRHE News Editor

The House of Lords Industry and Regulators Committee has decided to investigate the OfS. The Committee, with a remit “to consider matters relating to industry, including the policies of His Majesty’s Government to promote industrial growth, skills and competitiveness, and to scrutinise the work of UK regulators”, published 12 questions on which it invited evidence. The first three questions nail it:

  1. Are the OfS’ statutory duties clear and appropriate? How successful has the OfS been in performing these duties, and have some duties been prioritised over others?
  2. How closely does the OfS’ regulatory framework adhere to its statutory duties? How has this framework developed over time, and what impacts has this had on higher education providers?
  3. What is the nature of the relationship between the OfS and the Government? Does this strike the right balance between providing guidance and maintaining regulatory independence?

Michael Salmon, News Editor for Wonkhe, said on 3 March 2023: “This is much of what sector groups have been calling for, and reflects concerns raised in OfS’ recently published review of its engagement with universities.” The HE sector’s ‘mission groups’, memorably labelled ‘gangs’ by the late David Watson, wrote collectively to the new Education Select Committee chair Robin Walker on 16 January 2023 to ask for a proper review of the Office for Students: “… there is growing concern that the OfS is not implementing a fully risk-based approach, that it is not genuinely independent and that it is failing to meet standards that we would expect from the Regulators’ Code.”

The concerns are not limited to people within the sector. Ian Mansfield, now at Policy Exchange, former special adviser in the DfE to Gavin Williamson and Michele Donelan, wrote for Times Higher Education on 16 February 2023 complaining that “The OfS has thus far failed to live up to the ambition of its creators to be light-touch and proportionate. … However, universities must take their share of responsibility. Despite being part of a mass participation system, receiving significant taxpayer funding, too many do not accept the basic fact that they should be regulated.” Lawyer Smita Jamdar of Shakespeare Martineau tweeted: “I come across v few institutions who resist being regulated. I come across more who are unhappy about the lack of pretty basic safeguards for procedural fairness. People like Mansfield who have egged the OfS on to rush to start investigations carry some (much?) of the blame.” She then wrote in Times Higher Education on 8 March 2023 that “the Office for Students’ published approach to monitoring the risk of breaches of registration conditions demonstrates that it lacks basic safeguards around transparency, fairness and accountability.” Sometimes if you are attacked from all sides you might be in the right place, but the OfS will struggle to argue that case: consider those three questions from the Lords Committee.

Are the OfS’ statutory duties clear and appropriate? How successful has the OfS been in performing these duties, and have some duties been prioritised over others?

This goes to the heart of the statute establishing the OfS, the Higher Education and Research Act 2017 (HERA).  HERA explicitly aimed to institutionalise a market for higher education because former Universities Minister David Willetts believed that market competition would ‘drive up quality’. One of his  successors Jo Johnson continued in that mistaken but fervently held belief as he steered HERA to become law. However the ‘disruptive’ innovators encouraged as new entrants have mostly created more problems than solutions, despite some small but distinctive successes like the Dyson Institute.

There is no space here to explore the failure of this kind of market, but one repeated motif in policy pronouncements before and since might be summarised as ‘Why won’t they do what we want?’. The answer is not that universities resist regulation (though some may do) but, more surprisingly, is that ‘You can’t buck the market’. There has always been intense competition between HE providers, for reputation and for the things which flow from that – students and research income – but often the competition is not overtly financial. Policymakers failed to understand institutional realities then, and even more so now. Policymakers introduced £9000 fees in the mistaken belief that a spectrum of fees would emerge reflecting quality differences. Anyone in any university could have told them, as many did, then that no self-respecting university would charge less than £9000, for the real reputational fear of declaring ‘low’ quality. The Higher Education Funding Council for England no doubt did advise just that, but HEFCE was of course abolished by HERA. Now we have a regulator which seems as ill-informed about institutional realities as policymakers continue to be.

Institutions actually respond rapidly to market forces and regulatory threats. At one end of the market, conditional unconditional offers by some universities were a predictable and rational response to accentuated competition for students. A combination of shame and regulatory threat forced their abandonment. At the other end, the declining real income from home undergraduate students drives expansion of international student numbers with higher fees at the same time as well-qualified home applicants are rejected – a saga which is yet to play out but may have toxic consequences for government. And there are growing lacunae of provision in some geographical areas and in some subjects, as market behaviour which makes sense for institutions delivers irrational distribution of provision across the country. This is market failure – because we have the wrong kind of legally-enacted market, and the wrong kind of regulation. The OfS’s duties may be clear, but they are not appropriate.

How closely does the OfS’ regulatory framework adhere to its statutory duties? How has this framework developed over time, and what impacts has this had on higher education providers?

Andrew Sentance (Cambridge Econometrics) argued in The Times on 14 February 2023 that there has been a broad failure of regulation since privatisation and it was time for a complete overhaul. The OfS may be an example, but it is probably untypical because it was so likely to fail. The history of OfS deserves to be written as a case study in regulatory failure, and one chapter will surely start with former Director of Fair Access Les Ebdon’s accurate prediction that “I can tell you exactly what the OfS will do. It will do whatever the government of the day wants it to do.” OfS shortcomings were at first masked by the skills and knowledge of its first chair, Sir Michael Barber, and first CEO Nicola Dandridge. Barber had been in and around government and HE for many years, and though not popular in HE was deeply thoughtful and knowledgeable both about the sector’s performance and about the nature of regulation. Dandridge had been CEO of Universities UK with a broad appreciation of the contribution of the whole range of the HE sector. They were respected and trusted, or at least given the benefit of any doubt, as they sought to respond to the growing range of issues which the government laid at the door of the OfS, now including unexplained grade inflation, harassment and sexual misconduct, mental health and well-being, freedom of speech and increasing the diversity of provision.

The shortcomings of the OfS might even have been overcome through evolutionary change, but the government, with Gavin Williamson then still Secretary of State for Education, doubled down on its earlier mistakes when it replaced Barber and Dandridge (see below), destroying the relationship between the OfS and the sector as it struck entirely the wrong balance for a supposedly independent regulator.

What is the nature of the relationship between the OfS and the Government? Does this strike the right balance between providing guidance and maintaining regulatory independence?

The notes to the 2017 Act say: “This Act creates a new non-departmental public body, the Office for Students (OfS), as the main regulatory body, operating at arm’s length from Government, and with statutory powers to regulate providers of higher education in England.” (emphasis added). It was rumoured that Barber sought a second term as OfS chair but was denied. Former UUK chair Sir Ivor Crewe (former VC, Essex) was interviewed, as Sonia Sodha and James Tapper reported for The Observer on 14 February 2021: “Perhaps it was the long passage in Professor Sir Ivor Crewe’s book The Blunders of Our Governments about the way ministers’ mistakes never catch up with them that led Gavin Williamson to reject the expert as the new head of the Office for Students. Or maybe the education secretary was put off by the section of the 2013 book, written with the late Anthony King, dealing with how ministers put underqualified, inexperienced people in charge of public bodies. The job of independent regulator of higher education in England was instead handed to James Wharton, a 36-year-old former Tory MP with no experience in higher education who ran Boris Johnson’s leadership campaign.”

The Education Select Committee questioned Lord Wharton of Yarm on 5 February 2021 and endorsed his appointment, which was announced by OfS on 8 February 2021. Rob Merrick reported for The Independent on 2 February 2021 that Lord Wharton had been subject to ‘hard questioning’, in the course of which he said he didn’t see why he could not retain the whip, nor why his role as Boris Johnson’s campaign manager should raise any conflict of interest issues. So the ‘independent’ regulator was to have a partisan chair who would retain the government whip. Conflict of interest issues raised themselves almost immediately, as Lord Wharton was revealed to be a paid adviser to a company seeking to build a cable connection through land at the University of Portsmouth, which had also made donations to several Conservative MPs.

Wharton’s appointment was greeted with incredulity in HE, but with no signs of embarrassment on his part; he even brazenly secured the appointment of Rachel Houchen, the wife of a friend and political colleague, to the OfS Board, which has just two people with extensive and current HE institutional experience, one from Oxford and one from UCL. Chris Parr of Research Professional News elicited the surprising information from the OfS on 13 March 2023 that the OfS Chair has only visited five universities since his appointment more than 2 years ago – Nottingham, King’s College London, Cambridge, Sheffield Hallam University and The Engineering and Design Institute in London.

OfS, ‘having regard to ministers’ as statute demands, started to leave HE realities behind. DfE wrote frequent letters to the OfS and the OfS jumped to respond. An OfS consultation document issued on 26 March 2021 put into practice the ‘instructions’ received earlier from Secretary of State Gavin Williamson, proposing to steer more funds to STEM subjects and, among other things, halve additional funding for performing arts, media studies and archaeology courses. WonkHE’s David Kernohan gave his critical analysis on the same day. OfS announced on 30 March 2021 that after the first phase of a review of the NSS, commissioned by Universities Minister Michele Donelan, there would be ‘major changes’ including dropping all references to ‘student satisfaction’. Consistent reports that 85% or more of students in most universities are satisfied with their experience would be embarrassing for a government determined to prove otherwise.

Not a buffer, an irregulator

In the past funding councils were statutorily responsible for in effect providing a buffer between HE and government, to regulate excesses on either side. There is no danger of ‘provider capture’ now that the arm’s-length relationship with government has such short arms. However the limitations of the OfS are being increasingly exposed, not least by the remaining Lords Committee questions, especially No 4: Does the OfS have sufficient powers, resources and expertise to meet its duties? How has its expertise been affected by the Quality Assurance Agency for Higher Education’s decision not to continue as the OfS’ Designated Quality Body?

The QAA withdrew as DQB because the OfS expectations were incompatible with QAA’s broader remit and international roles and indeed the requirements of the European Association for Quality Assurance (ENQA) – which makes it unlikely that an international provider in Europe would agree to take its place as DQB. The OfS as ‘interim’ quality body has lived up to its threat to put ‘boots on the ground’; even though repeated tweaks of its Key Performance Measures have not yet produced any persuasive identification of ‘low quality courses’.

Nor has OfS shown that it will take any notice of widespread HE opinion, as UUK’s Charlotte Snelling reported in despair in her Wonkhe blog on 31 October 2022. On 9 March 2023 OfS announced a consultation on how it should have its investigations funded. The OfS has powers to make such charges following orders laid in Parliament only in December 2022, and “This consultation is not seeking views on the powers that the Regulations give the OfS or whether we should seek to recover the costs of our investigations. We are also not seeking views on matters relating to the OfS’s approach to monitoring registered providers, which may lead to us opening or conducting investigations.” The OfS plans to recover all staff and other costs attributable to the investigation, which it is entitled to do by those orders. It is a sham ‘consultation’, since it is clear what is intended and it is wholly predictable that the OfS will do almost exactly what is proposed.

The role of buffer was condemned as ‘backward-looking’ by Jo Johnson in his recent evidence to the Lords Committee; for good measure he also described QAA as a legacy from a previous era, even though he made clear the undesirability of OfS being more than an interim quality body. But we might at least expect the OfS to show some understanding and appreciation of the difficulties which institutions face, especially with rapidly declining levels of real income from tuition fees. Instead OfS put its fees up by 13%: Gloucestershire VC Stephen Marston, a former senior civil servant who also worked in HEFCE, said in Times Higher Education on 16 January 2023 that the increase was unacceptable. John Morgan reported in THE on the same day that the ‘shameful’ 13% rise would push the largest universities’ fees above £200,000. OfS chief executive Susan Lapworth blogged shamelessly on 26 January 2023 about how OfS plans to ‘refresh its engagement’ with universities and other providers.

To sum up, in the words of Paul Ashwin (Lancaster) and former Secretary of State Charles Clarke:

“Overall, we have a situation in which the OfS has become more interventionist to protect ‘the student interest’, apparently as defined by ministers and certain sections of the media, while its expertise to understand what such interventions involve has fallen significantly. Moreover, it is very unclear what forms of intervention the OfS considers could be effective in changing university behaviours in the desired direction. Together, these points represent a serious challenge to the legitimacy of the OfS as a regulator.”

Effective regulation in higher education depends on the willing, or at least grudging, consent of the regulated, but that consent has been deliberately dismantled. Instead the Office for Students is collapsing in an orgy of partisanship and wilful disregard for the real interests of higher education and its students.

Rob Cuthbert is Emeritus Professor of Higher Education Management, University of the West of England and Joint Managing Partner, Practical Academics rob.cuthbert@btinternet.com. Twitter @RobCuthbert


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Freedom of speech and students’ unions

by Phil Pilkington

In March 2023 Nick Hillman, Director of the Higher Education Policy Institute (HEPI), wrote a review of Freedom of Speech in Universities: Islam, Charities and Counter-terrorism by Alison Scott-Baumann and Simon Perfect (both SOAS), covering freedom of speech, populism (of the left and right), ‘no platforming’, and students. I disagree with his argument and his conclusions.

Nick Hillman’s review may appear a slight text, but it demands a response as it sheds light on a particular and influential perspective on higher education. The comments on freedom of speech interest me as someone who over many years had to ensure events with guest speakers either did or did not take place, running to hundreds of events. Hillman notes correctly on risk assessment: ‘you do not always know which event which will be the one that flares up’. One event I approved did not go well: the experience of a student’s conversion from Sikh to Islam caused a furore, not on campus, but throughout the region and nationally, ignited by formidable Sikh activists. Nick Hillman perhaps has limited experience of the consequences of such events, which can include death threats, social media storms, massive impact on ethnic minority groups on campus and their alienation from the culture of the university. ‘Flaring up’ is a delicate euphemism. Many opinions in the review are misleading because they are ahistorical and expressed without the benefit of material, practical experience.

The book identifies four possible responses to the issue of free speech on campus: libertarian; liberal; guarded liberal; and no-platforming. Hillman says the authors back the ‘liberal’ approach and “the authors regard the threats to free speech on campus as coming almost wholly from the right”. He argues however that there are threats from the left, exemplified by Jeremy Corbyn’s period as leader of the Labour Party and its association with anti-semitism. The authors argue that right-wing populists “sneak into the gap” between neo-conservative and right-libertarian, an argument Hillman criticises because: “the right are portrayed as wrong if they want to limit more extremist speech, wrong if they push for a looser libertarian approach and wrong if they take a position in the space between these two positions. If you’re on the right and you have a view about free speech, it is deemed to be incorrect on sight, which seems unconducive to a reasonable conversation. At this point, the careful architecture of the authors’ argument starts to crumble, not least because left-wing populists and others (eg the NUS) are in exactly the same ‘gap’, which is really a chasm.”

Hillman’s suggestion is that to have a ‘no platform’ position while opposing the PREVENT strategy is to occupy an equally inconsistent liberal ‘gap’. But there is no inconsistency: the matter is much more subtle, complex and dangerous. There is a case for both positions on practical and historical grounds. Historically, a ‘no platform’ position was taken up in the 1970s by many students’ unions against the rise of the far right (the National Front and later the British National Party) which had gained some questionable success in marches in the East End of London and some success in local election results into the 1980s. Students’ unions are often conflated with the National Union of Students (UK), but  many students’ unions[1] did not have ‘no platform’ policies and a few were not affiliated to NUS, which is a confederation of students’ unions, guilds and associations.

A university or polytechnic campus was a focal point for the far right, not to gain support from the students or staff in debate but as a ‘piece of theatre’ for their supporters, who would have been suspicious of higher education. This situationist political action had the lineaments of populism, more recently shown in the occupation, and videoing for social media, of campus buildings by National Action, an organisation which celebrated the murder of Jo Cox MP and is now proscribed by the Home Office. No platform policies were subtitled ‘for Racists and Fascists’. Nick Hillman may have had in mind more celebrated and extremely rare cases of ‘cancel’ culture, but these should not be confused with ‘no platform’ policies nor the actions taken by students against the rise of racist political groups and parties. This stand was important in itself and influential in later legislation for protected characteristics in the Equalities Act. The other purpose of the policy was of course to ensure support and harmonious relations on campus when ethnic minorities were threatened.

No Platform policies were arrived at by debate, with motions democratically passed by the student body. PREVENT in contrast is a statutory duty of universities, instructed by the Secretary of Education under the Counter Terrorism and Security Act 2015 to have a PREVENT policy and strategy which should “balance freedom of speech with the assessing of risk of external speakers”. Unlike No Platform policies it was not debated by the student body. Responsibilities under the Act rested with university trustees/governors, but as a member of staff at a students’ union I was allocated some responsibility for ensuring duties were met and I liaised with anti-terrorism police officers on the adoption of the policy. My experience confirmed the findings of Greer and Bell that the liaison was almost entirely taken up with intelligence of far right and multinational far right groups active in the area who could target the ethnic minority community and students. Political objections by some students’ unions (and NUS) to PREVENT were based on the perception that it was Islamophobic. Attacks on Muslim students on campus at that time, both verbal and physical, reinforced their perception that PREVENT discriminated against them. There was no causal connection between the Act itself and the attacks, but the ‘hostile environment’ was a reality: I established a Hate Crime Reporting Centre within a students’ union to support Muslim students (amongst others).

For many the practical objections to PREVENT were insuperable. The monitoring required to trigger concern for ‘indicators of being drawn into terrorism’ was impossible: for example, that lecturers and other staff should note changes in behaviour, declining academic performance, etc. What might have been possible in a school classroom setting could not apply to a cohort of hundreds of students on a computer science course, for example. Staff training was advised, so that they might notice changes in behaviour likely to be related to susceptibility to terrorist activities. This might have focussed on academic staff and personal tutors, but in our mass HE system I prioritised training for staff working in halls of residence to notice changes in behaviour; it was nevertheless unlikely to be effective.

Overall, to suggest a ‘liberal gap’ between no platforming and opposition to PREVENT fails to recognise the details and the historical roots and practices of the two. It was and is more complex than that.

The review then goes on to address failures in understanding right and left populism and the related threats to free speech. There are some difficulties with this application of populism. I have suggested that the historical origin of no platforming was a reaction to the rise of a violent far right in the UK using a campus and its students as part of a situationist spectacle, against an (educated) elite rather than for support. These historical origins open up a wider discussion. Speech is more than opinion and our right to hold or possess it. Freedom of speech has some conditions of origin and direction, otherwise it would be simply incomprehensible noise. The theatre of speech has attributes beyond facts, truth conditions, empirical evidence, or whatever other enlightenment features may be included in ‘debate’. Debates are rare – most external speakers give a presentation, answer a few questions and then leave. These linguistic details are rarely considered in the discussions about free speech. The focus is on the handful of cases involving ‘cancelling’ or postponement, among the tens of thousands of events each year. Why is this a priority for HE, given the problems facing the sector? Why has it become such a priority? Who has driven this as an issue? Has it been tangled up with a populist view of HE in the UK?

Using the criteria developed by Michael Cox (LSE) for an understanding of populism, it can be argued the UK government is not so much right of centre, as Nick Hillman suggests, but is a government becoming right-wing populist. How is that possible and how could it be related to interests in free speech and universities? Cox’s criteria for right wing populism match many government policies and rhetoric in the UK. Populism of the right is nativist, declaring allegiance to those living ‘somewhere’ (with no social or actual mobility in deindustrialised regions) against the socially and literally mobile who live ‘nowhere’ (graduates, the metropolitans). It distrusts elites, has a disdain for intellectuals, promotes a conspiracy theory of the establishment as traitors, is sceptical about science, and seeks to ensure cultural elites (eg Arts Council, BBC, museums, university governance et al) are ‘loyal’. Some of Cox’s criteria may not be met, but recent developments in the Illegal Immigration Bill, following Theresa May’s Home Office policies of creating a ‘hostile environment’ and the Windrush generation deportations, contribute to a perception of the current government as right-wing populist.

Cox argues that left wing populism is rare, given that the basic condition of populism is nativistic (or ethnically based) whereas the left will focus on class divisions across ethnicity and be internationalist. However, Hillman identifies Corbyn, the former leader of the Labour Party, and ‘Corbyn-mania’ as left populism because of the antisemitism attached to his time as leader. The apparent implication, since half of university staff and two-thirds of students supported the Labour Party at the time of Corbyn’s leadership, is that many in universities also supported a form of left populism.  This leaves hanging the thought that perhaps they presented dangers as a form of populism to the university spirit, essence or whatever it is about freedom of thought and speech. Hillman says the ‘gap’ between free speech and clamping down or cancelling becomes ‘a chasm’. But that depends on who is deciding what happens in that gap. The free speech imbroglio – if it is that – flows from some deliberate choices. We should ask not how it happened – it began as a counter to racists and fascists attempting to threaten campus unity and vulnerable individuals – but how it became such an obsessive issue for some. An issue which crowds out the academy precariat, the loss of research collaboration with Europe, the financial instabilities of HEIs, the enormous foreign investment in halls of residences, the rise of AI to challenge the curriculum and assessments, graduate indebtedness, et al.

Hillman’s review then turns to students’ unions, suggesting that stricter controls have been introduced; his meaning is not clear unless he means the incorporation and charitable status formalised by the Charities Act of 2006. That Act made students’ unions accountable to a board of student trustees, with charitable status no longer depending on the ‘parent institution’. The recruitment of external lay trustees by student officers allowed for greater expertise on financial, commercial and employment matters but overall control and campaigning policy remained in the hands of elected student officers via student councils, referenda and general meetings according to their constitutions. Ironically, this is the strongest form of democratic control on a UK university campus, notwithstanding trade union activities, in terms of size and scope of activities. Hillman went on to say: “the authors condemn the common idea that student unions should avoid political campaigning that is not focused on students. They envisage students backing a motion that devotes resources to protesting about a national economic policy and argue ‘we think their students’ union should have at least the possibility of enacting the motion if they so wish.’ This sounds more like finding an excuse to divert charitable funds from their proper use than protecting free speech. If a group of students want to campaign against a national economic policy, there are plenty of existing and legitimate routes for them to do so (including joining a political party) aside from (mis)using their fellow students’ charitable financial resources.”

The misuse of funds by students’ unions has long been a trope. It was certainly around in the 1970s and early 80s over alleged support for the IRA or hunger strikers. Probably the biggest financial scandals within students’ unions were the seeming misuse of funds to support rock bands – or to put it another way, to provide grants and arts subsidies to future global rock stars such as Emerson, Lake and Palmer. This was considered to be ultra vires by the then Attorney General in 1973, at a time when there was no legal identity for students’ unions. Unions subsequently separated commercial operations from charitable core activities.

The case against students’ unions campaigning on ‘non-student issues’ because it would be a misuse of students’ resources is simplistic on two grounds. Firstly, there is the question in a universal HE system of what is and is not a student issue. NUS research showed that over 80% of students were concerned or very concerned about climate change – an NUS led survey won a UN award for environmental understanding in the tertiary sector.  So is global warming a student issue? Tick. What about the growth of foodbanks? Students have been accessing them through agreements between students’ unions and the Trussell Trust. A tick for the cost-of-living crisis. Inflation and government fiscal policy are connected, so what are the limits? Childcare costs and the mature students’ society? Disabled students and the benefits test? And so on. A student body is a global body. There is interconnectedness and there is empathy. Who is to decide if ‘x’ is a worthy subject for a students’ union to campaign about? The student body decides on policy collectively. As a charity the students’ union has a legal personality; to make a collective decision is to form a corporate opinion.

Secondly, charities have been deeply concerned with their gagging by the Lobbying Act of 2015. This goes much further than students’ unions and their alleged profligacy in ‘irrelevant’ campaigning. The Act states that charities (including students’ unions) may have political activities in accordance with the aims and objectives of the charity, but not party politically. When there is a close correlation between a charity’s position and that of a political party manifesto (which is usually a position opposing the ruling party) then there is considered to be a contravention of charitable status. The objection to the Act’s powers over charities is not limited to students’ unions, it has been an objection voiced by many large and respected charities such as Amnesty UK, Friends of the Earth, Shelter, et al. Is the condemnation of supposedly ‘irrelevant’ campaigning another aspect of right-wing populism?

Assumptions about parallels between left and right wing populism are highly questionable, and practical knowledge and experience of campus issues around freedom of speech and counter-terrorism points in a very different direction to the one encouraged by topical but superficial political narratives, such as those represented in Nick Hillman’s review.

Phil Pilkington’s former roles include Chair of Middlesex University Students’ Union Board of Trustees, and CEO of Coventry University Students’ Union. He is an Honorary Teaching Fellow of Coventry University and a contributor to WonkHE. He chaired the SRHE Student Experience Network for several years and helped to organise events including the hugely successful 1995 SRHE annual conference on The Student Experience; its associated book of ‘Precedings’ was edited by Suzanne Hazelgrove for SRHE/Open University Press.


[1] Note: ‘students’ unions’, not as in the review ‘student unions’


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The value and values of third sector collaboration for equality of opportunity

by Ruth Squire

In October 2022, as part of a foreword to the Office for Student’s consultation on ‘regulating equality of opportunity in English higher education’, the Director for Fair Access and Participation set out that he expects ‘more, and more impactful, strategic, enduring, mutually-beneficial partnerships with schools and with the third sector’ (OfS, November 2022).

The expectation has carried through into more recent guidance issued by the OfS (OfS, March 2023a), which names the third sector as potential collaborators in supporting school attainment and student outcomes. This is not a new expectation – the OfS, its predecessor organisations, and the DfE have repeatedly stressed the value of collaboration and HE providers (HEPs) collaborating with the ’third sector’ for access and participation – but it does warrant some scrutiny, as it can carry several implicit assumptions about the value and values that the ‘third sector’ can bring to access and participation. In its summary of consultation responses, the OfS notes that some respondents were ‘unsure’ whether third sector collaboration was appropriate (OfS, March 2023b), suggesting that not everyone has the same understanding or enthusiasm around these potential relationships as the OfS.

Questioning the third sector imaginary

The term ‘third sector’ (as opposed to a voluntary, community or charity sector) carries with it a lot of political history and assumptions. Organisations considered ‘third sector’ have been generally assumed to be, in some ways ‘better’ than alternatives in the public or private sectors, whether ethically or in terms of structures that make them more effective at tackling social issues (Macmillan, 2015). These organisations have been assumed to have innovation, effectiveness and (the right) values ‘baked in’ to their organisational structure. These assumptions can become particularly problematic when they are framed in opposition to the work of HEPs, whose widening access work has sometimes been criticised for making slow progress and being informed by institutions’ market interests. Rather than considering these qualities as attributes of ‘types’ of organisations or sectors, it might be better to ask what qualities we need and value in widening access and participation, and how these can be supported in all contexts. Simply ascribing qualities or values, even implicitly, to third sector organisations can frame them either as an ‘add on’ or even antidote to access and participation within HEPs – not particularly collaborative.

The examples of third sector collaboration offered by the OfS and its predecessors have tended to focus on particular ‘types’ even within the third sector – mostly social enterprises and philanthropic organisations. These are often ‘hybrid’ organisations that explicitly combine social and economic value and/or blend public and private sector practices. Among these, the Sutton Trust, with its blended focus on research, lobbying and activity delivery, and a message focused on access to the most elite professions and universities, has become the most prominent. However, the majority of non-HEP access and participation organisations do not have the resources of the Trust, nor is it appropriate for all organisations to follow this blended model of delivery. The presence of such a dominant model of ‘third sector’, which is particularly attractive and well-known among political figures, can create both opportunities and challenges for other third sector organisations, particularly in terms of advancing alternative visions of widening access and collaboration.

If we look wider than this narrow understanding of the ‘third sector’ and how it should operate, then there are a whole range of different organisations that could be and have been collaborators in access and participation. These include campaigning organisations, grassroots community organisations, parent-teacher associations or students’ unions. Collaboration with charitable and/or community organisations around widening access is not new for HEPs. Nor is it a new way of delivering on widening participation aims. However, with a dominant view of what qualifies as ‘third sector’ it is unclear whether these organisations offer the value or values expected by the OfS.

Looking more closely at the capacities and qualities of third sector collaborators can also reveal some assumptions we make about the shape of collaboration and the role of HEPs. Many third sector organisations, even those referenced as exemplars by the OfS, need to collaborate with universities to deliver their missions and to survive. However, they rarely have the security of long-term relationships that can support the effectiveness and innovation that are supposedly their essential characteristics. Examples of existing partnerships have tended to frame third sector organisations as deliverers of activity or consultants, with the HEP in control. What ‘impactful, strategic, enduring and mutually-beneficial’ looks like may require a change from current practice, questioning that power dynamic.

Values-driven organisations

The supposed neutrality and (non-partisan) values of third sector organisations working in widening participation have sometimes made them particularly attractive to political figures and to policy makers, singling these out as examples of good work. Despite values being seen as a positive quality in the work of the third sector, relatively little scrutiny has been placed on values in access and participation practice and policy more broadly. The quality of ‘good people doing good things’ is certainly not unique to the third sector, especially given that they are often the same people and same values as those working in HEPs or even the OfS.

Personal and institutional values have a core role in the enactment of widening participation in all settings. In a survey conducted with widening access professionals in 2021, personal experiences and values were a motivating factor in their roles for all respondents, regardless of the type of organisation they worked for (McCaig, Rainford & Squire, 2022). However, this is not to say that context is not important. Third sector organisations are often materially different to HEPs, not least in their relationship to widening participation policies. In that same survey, there were notable differences in how respondents described their organisations’ motivations, both within and between third sector organisations and HEPs.

There is a growing argument that we need to look more closely at the enactment of widening policy and how it is translated into practice within organisational and national contexts (Rainford, 2020; Benson-Egglenton, 2022). This is as true of third sector organisations working in this space as it is of HEPs (and of the FE colleges, employers and virtual spaces which are also often not included in policy and research). Understanding more about the different contexts in which widening participation is enacted and about those who enact it is an important component in understanding how some of the broader goals of widening participation can be achieved. We also need to pay critical attention to the different roles and capacities of organisations in the widening participation policy space, and their interests. Third sector organisations, just like HEPs, are not neutral by virtue of being charities. Values matter and they offer the potential for meaningful and enduring connections that are not based on organisation ‘type’. If we are to build the type of partnerships the OfS is calling for it will be crucial to move beyond assumptions and develop greater understanding of our similarities and differences .

Dr Ruth Squire is Evaluation and Impact Manager at Leeds Trinity University. Her PhD thesis explored the role of third sector organisations in widening participation policy and practice and she continues to research the enactment of policy, evaluation practice and widening access and participation work.


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Where should freedom of speech responsibilities in higher education lie?

by GR Evans

Under the Higher Education (Freedom of Speech) Act higher education providers and students’ unions will be required to publish Codes of Practice on freedom of speech. The Bill sets out the requirements separately for higher education providers (at A2 (2)(c)) and for students’ unions (at A6(2)(c)).

For both the Code must cover ‘the conduct required’ of the responsible bodies. Any complaint is therefore to be against the provider or students’ union, not any person or persons whose ‘conduct’ may be complained of. The complainant must be an affected individual who must have ‘suffered adverse consequences’ as a result of something the responsible body has done or not done. (An affected individual is (a) a person who is or was— (i) a member or member of staff of the students’ union, (ii) a student of the provider, or (iii) a member or member of staff of the provider or of any of its constituent institutions, or (b) a person who was, or was at any time invited to be, a visiting speaker.)

This has the advantage of clarifying who are to be the parties in a dispute about ‘conduct’ under the Act. However, the definition of ‘adverse consequences’ will have to be tested case by case and shown to be the fault of the responsible body. This could well seem remote from the actions of individuals which triggered or caused the harm. It will not be easy to identify a role for a decision-maker – the Bill requires the Office for Students to create a Free Speech tsar as arbitrator – to determine what responsibility a provider has in a given case, and especially the responsibility of individuals acting on behalf of the provider, such as HR professionals or union representatives.

Difficulties of these kinds have arisen in a number of instances which throw into question the practical reality of laying blame as now proposed. Kathleen Stock, a Professor at the University of Sussex, faced demands from campaigners that the University should dismiss her for her alleged transphobia. They wrote ‘we do not say Stock should not be permitted to say the things she does. We believe in the principles of academic freedom’, but they did not want those relied on. ‘Conflating concern about the harms of Stock’s work with threats to academic freedom obfuscates important issues’, they said. Stock told the Guardian that the academics had created ‘an atmosphere in which the students then become much more extreme and much more empowered to do what they did’.  UCU had taken sides against her, but trade unions are not included in the Act as responsible for the protection of freedom of speech.

The Vice-Chancellor of the University wrote to ‘all staff’ to say that the University had ‘vigorously and unequivocally defended her right to exercise her academic freedom and lawful freedom of speech, free from bullying and harassment of any kind’. Stock was not dismissed. She chose to resign. The question must be whether the University could have done more to protect her against the ‘adverse consequences’ she undoubtedly faced. On what grounds could she complain against the University?

Steven Greer, a Law Professor at Bristol, was attacked by student members of the University’s Islamic Society for allegedly making ‘Islamophobic, bigoted and divisive’ remarks in lectures. He received online threats. The University did something. It held a review, conducted by a KC who found that his remarks included ‘no evidence of Islamophobic speech’ and ‘did not amount to discrimination or harassment’, being ‘intended as the basis for academic debate by the students who elected to study it’. A Bristol spokesman was quoted as saying that students were encouraged ‘to engage with, debate, analyse and critique ideas and theories of all kinds within our academic programmes’. Steven Greer retired in 2022 but has published a book about his experience. He continues to call for the student activists to be punished by the University.

Speaking to Times Higher Education Greer drew attention to two other ‘freedom of speech’ cases at Bristol. David Miller, Professor of Political Sociology, had been dismissed by Bristol over remarks he had made about Israel. A Jewish student had made a complaint. The University commissioned a report from a KC, who, the University explained in a statement, ‘considered the important issue of academic freedom of expression and found that Professor Miller’s comments did not constitute unlawful speech’. Nevertheless, Miller was dismissed in October 2021, apparently for unprofessional conduct. His internal appeal was unsuccessful in March 2022. Had the new Act been in force he could have complained against the University, but could it have defended his dismissal if it was for reasons unconnected with any breach of its responsibilities to protect freedom of speech?

The second, the Bristol student Rachel Rosario Sanchez, had felt undefended by the University when she faced a hate campaign by student ‘trans activists’. She took the University unsuccessfully to court alleging that it had failed in its duty of care to her as a student. The option of making a complaint to the Office for Students might have been open to her had the new legislation been in force.

In Oxford, Professor Selina Todd co-signed an open letter to The Sunday Times in June 2019 questioning the acceptability of universities paying for training by Stonewall on LGBT matters, arguing that it was discouraging academic freedom of discussion. She was threatened by trans-rights activists. The University provided security at her lectures. In February 2020 her invitation to a conference was withdrawn. She told Cherwell (7 March 2020) that she was ‘shocked to have been no-platformed by this event, organised by Oxford International Women’s Festival and hosted at Exeter College’. She had “explained to the organisers that some trans activists may object to my being there. In fact, trans activists had already tried to shut the conference down because they claimed second-wave feminism was inherently trans-exclusionary”. If this was a college event, the University’s conduct was not in question in this case. The University has not sought to limit her continuing exercise of freedom of speech. She wrote to The Times on 3 November 2021 to criticise the Athena Swan scheme which is approved in many universities.

Cambridge has had recent cases testing the ‘conduct’ of one of its colleges and its Students’ Union. Students from various colleges eagerly participated in the peaceful demonstration by banging pots and pans along with the chants”. This was reported by Tab in an article extensively illustrated with pictures of a ‘peaceful protest’ held outside Caius by the Cambridge Student Union LGBT+ campaign on 25 October 2022. A possible complaint about that action might lie against Cambridge University Student Union (CUSU).

The occasion was a lecture given by Helen Joyce, leader of the campaign group ‘Sex Matters’, at the invitation of Professor Arif Ahmed, a Fellow of Caius. It had gained considerable notice because the Master of Caius had circulated a letter deprecating the event, which had prompted press coverage. The Head of House did not, however, seek to prevent the occasion from taking place. But this is an example of a ‘freedom of speech’ episode where the responsible body was a ‘constituent institution’ of a higher education provider registered by the OfS. Any complaint of ‘adverse consequences’, for example about the consequences of the letter circulated by the head of House, would lie against the College.

Varsity has recently reported the vandalising of the front door of the Department of Chemical Engineering and Biotechnology by an activist group ‘citing the department’s ties to fossil fuel funding’ and alleging ““lobbying” by the department to delay a motion to stop the University receiving funding from fossil fuel companies”. “Activists from the group had taken similar action against the Schlumberger Gould research centre and the BP institute”.

These examples suggest that it is not going to be easy to draft Codes of Practice for providers or students’ unions which can realistically protect the freedom of speech of individuals in the face of an activism by other individuals which may place a higher ethical premium on a particular cause or campaign. The banging of pots and pans is arguably an acceptable form of protest speech, but can that be true of the breaking down of a door? The damaged Departmental door is not a person so it cannot make a complaint.

The role of the OfS in handling complaints

The new legislation is built round the role of the Office for Students. The OfS is to ‘regulate’ the duties of providers and students’ unions, operate a Complaints Scheme and have on its Board a Director for Freedom of Speech and Academic Freedom, adding this role to its other Directorship, for Fair Access and Participation.

This will require a change of attitude by OfS. On 15 December 2022 OfS implied that it would take no direct role in the enforcement of freedom of speech in higher education providers:

“The Office for Students stands for the widest possible definition of free speech within the law. It is not our role to take sides in the contested debates that feature in the higher education sector. We must, and will, apply our understanding of the law to the facts of an individual case and do so with care and impartiality.”

However, it did sketch intentions which might now be included in a Code of Practice. It would ask whether a provider has “robust decision-making arrangements, which require it to consider the impact of its decisions on free speech and academic freedom as part of the decision-making process” and “checks and balances to ensure that its policies and processes do not adversely affect free speech or academic freedom”. It would ask whether it ensured “that staff are appropriately trained, in particular those who are making decisions that may affect free speech and academic freedom matters.”

OfS wrote more robustly about its role in protecting freedom of speech on 17 May 2021, after the Higher Education (Freedom of Speech) Bill was introduced. It shared a joint press release with the Department for Education on 12 May, proposing the role of a new Director, to oversee the various free speech functions of the OfS, now to include compliance and enforcement. It does not appear to have been suggested that this task properly lay with the UKRI too, so as to ensure that freedom to research was protected as well as freedom of speech in teaching. The vandalising of the Cambridge Departmental door was prompted by remarks on the value of research in areas in dispute. The word ‘research’ appears in the Bill only as part of the title of the Higher Education and Research Act 2017 and a few times in connection with checks on overseas funding for research.

When a ‘Case for the Creation of the Office for Students’ as ‘a new public body’ to take the place of HEFCE and the Office for Fair Access was outlined by the then Department for Business Innovation and Skills on 2016 it was argued that there was ‘a need for a simpler, less bureaucratic and less expensive system of regulation’. This was the intention under which the OfS was created. However, concerns about its operation have been multiplying. On 12 January 2023 the sector bodies (Russell Group, Million Plus, GuildHE and the University Alliance) wrote a joint letter to the Chair of the Education Select Committee calling for ‘an inquiry into the operation and performance of the Office for Students’. It said it would be ‘timely’ to ask whether it was ‘fit for purpose’ given its new Freedom of Speech role.

The sheer scale of the expansion needed to provide for the operation of the new complaints procedure does not seem to have been calculated. The OfS has a budget of £30m and 350 staff. It is likely to need many more to cover this new duty and the litigation it may prompt. The Bill says that the complainant must have exhausted internal procedures first before it comes to the OfS and if the matter is before a court or tribunal the OfS scheme may not consider it, but between those stages the OfS will be very busy.

Also not fully examined seems to be the role of the new Director, described in the Bill in an insertion to Higher Education and Research Act 2017, Schedule 1 on the OfS. It involves ‘overseeing’, ‘performing’ and ‘reporting’ to the OfS. The ‘performing’ lays on the Director the ‘free speech functions’ of the OfS including ‘monitoring and enforcing the registration conditions’ of providers. This seems likely to require considerable additional staffing to support the Director.

Conclusion

The new legislation imposes on higher education providers and students’ unions a responsibility which seems difficult to fulfil in the face of the untidy realities of the ‘free speech’ behaviours of their members, staff and students as exemplified in recent disputes. It lays a further responsibility on the Office for Students to police it all at a time when concerns are mounting about its competence in discharging its existing responsibilities.

SRHE member GR Evans is Emeritus Professor of Medieval Theology and Intellectual History in the University of Cambridge.

This is a revised version of an article which first appeared in The Oxford Magazine No. 451, Eighth Week, Hilary Term 2023, reproduced with the kind permission of the editor Tim Horder.