OfS Reportable Events Procedure

Universities are required to report certain significant events or matters to the Office for Students (OfS) to inform the regulator’s risk-based approach to monitoring. These are called “reportable events”.

This guidance is intended to help staff at the College understand what events or matters might constitute a reportable event and what they should do if they become aware of an event that might be reportable.

A reportable event is any event or matter that, in the reasonable judgement of the OfS, negatively affects or could negatively affect the provider’s ability to discharge certain functions; for example:

  1. The provider’s eligibility for registration with the OfS.
  2. The provider's ability to comply with its conditions of registration.

The OfS uses the information received to inform its risk assessment for the College. The size and complexity of auniversity and the context in which an event or matter takes place will be considered by the OfS. The OfS provides guidance about its requirements for reportable events, but it is a university’s responsibility to decide whether a particular event or matter constitutes a reportable event and should be reported.

OfS Reportable Events Process

 

FAQs

What constitutes a Reportable Event?

There is a broad range of events or matters that might comprise a reportable event. The OfS provides a non-exhaustive illustrative list of reportable events (Table 1), which includes some events that are always reportable, for example:

Reportable Events Category

Examples

Matters relating to a provider’s ownership, legal form or corporate structure

A merger of the provider with another registered or unregistered higher education provider, or a change of ownership.

 

Matters related to the delivery of higher education in England

Loss (including suspension) of the provider’s student visa sponsor licence, or the provider resolving to cease carrying on its business principally in England.

Matters related to the quality and standards of a provider’s higher education courses

A notification to the provider of an investigation by an awarding organisation.

 

Matters relating to student and consumer protection

A new campus, whether in the UK or internationally, closure of a campus, department or subject area (whether or not this is in the provider’s approved student protection plan).

 

Matters relating to a provider’s financial viability or sustainability

A likely breach of any financial covenant attached to a loan; a provider’s trustees or directors are considering making an assessment that the provider is not a going concern.

Matters relating to management and governance

Changes to the identity of a provider’s accountable officer; changes to the identity of the Chair of a provider’s governing body; a matter relating to the provider’s compliance with the Prevent duty as set out in the OfS’s monitoring guidance.

Matters relating to information provision

Any matter which affects the accuracy of the information contained in the provider’s entry in the OfS Register.

 

The following are examples of events that may be reportable depending on a number of factors used to assess the materiality of an event (e.g. the size and complexity of a university and the context in which an event or matter takes place):

  1. The sale of assets.
  2. Events or matters relating to fraud or financial irregularity.
  3. An acquisition by the provider of another entity.
  4. Regulatory investigation and/or sanction by other regulators or funding bodies.
What should I do if I become aware of an event that might be reportable?

It is important any event that might be considered a reportable event is properly considered by the College prior to any report to the OfS. As soon as you become aware of an event or activity that might be considered a reportable event, please email legal.department@imperial.ac.uk  immediately. The College is required to report an event within five working days of either the event being identified or, for events yet to happen, the matter being formally discussed by Council.

Who should I contact if I have any queries?

If you have any queries, and would like to discuss this further, please contact the College’s Regulatory Compliance Manager at legal.department@imperial.ac.uk   

Guidance for Assessors

If an event is deemed to be reportable, assessors should include a description of the event that is being reported, an explanation of why the College considers the event to be material, and a description of any action the College is taking to mitigate any impact of the event.

The Legal Department will maintain records of all Reportable Events and will periodically review them to establish if there are trends that require further investigation. A record will also be kept of a decision not to report an event, with a clear rationale.

Related policies and procedures

Reports under this procedure that raise concerns under other procedures e.g. the Fraud Policy or Ordinance D18 (Investigation of Public Interest Disclosures), may result in an investigation under the other procedure.

Where can I find out more?

For further information, including the full guidance note please see OfS regulatory advice 16: reportable events. 

This Procedure will be reviewed by the College’s Legal Department every two years or as and when the OfS makes any changes to its Regulatory Framework, Regulatory Advice or Terms and Conditions of Funding.