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Insolvency plans ‘must give richer universities reason to buy in’

<网曝门 class="standfirst">No incentive for wealthy institutions to support initiatives such as bespoke clearing scheme, experts fear, as policymakers face hurdles in developing process for market exits
Published on
八月 6, 2025
Last updated
八月 6, 2025
Students in dinner jackets punting past a woman in the water in a lifebelt. To illustrate that there is no incentive for wealthy institutions to support initiatives for insolvency plans.
Source: Alamy/Getty Images montage

Policymakers have begun to develop more concrete plans for protecting students if their university closes, but experts have warned that they could struggle to get buy-in for sector-wide schemes that only benefit a few institutions.

It has long been feared that the UK sector is unprepared for a university going bust, something that has become more likely as?financial problems mount.

All institutions have individual “student protection plans” in place but these are seen as insufficient, with government and the regulator pushing all institutions to go further and consider?all the steps they would take if the worst happened.

Ministers are also “working on legislative programmes to ensure higher education sector access to an insolvency regime”, according to the Department for Science, Innovation and Technology’s (DSIT) annual report, published last month.

Policymakers in Westminster are keen to avoid a situation like the one at the University of Dundee, where the?Scottish government was forced to intervene?at the last minute to prevent the institution going under.

In its recently published business plan, the Office for Students (OfS) also said it plans to “engage with Ucas on the potential for a bespoke clearing system for students in the case of the closure of their provider”.

The regulator has already been working with professional services organisations to help plan for “potential market exits” and has imposed “student protection directions”?on five providers?because of a “material risk of closure”.

The?special insolvency scheme should outline a process to be followed in the event of a provider being unable to pay its debts, or all parties risk being overtaken by events,?said Matthew Atkinson, interim chief financial officer at the University of Nottingham.

“If you haven’t got an insolvency regime that tells you what to do, and therefore what you might want to avoid, or costs you might want to avoid, and you haven’t got any money, you end up in these emergency situations.”?

“At the moment, if somebody comes along and says, ‘I can’t make payroll next month’, government doesn’t have a way out of fixing that problem.”

But there are questions about the feasibility of such a scheme, given how quickly institutions can slip into decline.?

“The idea that the DfE can create a legal approach which allows time to protect creditors, to protect students and give students more of a precedent than just the unsecured creditors, is really difficult,” said Bob Rabone, former chair of the?British Universities Finance Directors Group and a consulting fellow with Halpin.?

In 2019, the government introduced a??for the ailing further education sector. This allowed the secretary of state to apply to court for an education administration order, which would appoint an administrator to oversee the college’s affairs and ensure the best outcomes for students.?

It was later revealed that??on the first two colleges to enter administration under the scheme, raising questions about the cost of these initiatives to taxpayers.?

And, while an insolvency scheme might offer students more right to compensation in the face of a closure, many will be more concerned about securing their degree.?

The Office of the Independent Adjudicator for Higher Education (OIA) recently suggested the?formation of a student protection fund?to cover the expenses of those affected by closures.

But for more elite, financially secure institutions, “there’s no incentive to cooperate” with the new clearing programme or on collaborating with strengthened student protection plans, said Chris Husbands, former vice-chancellor of Sheffield Hallam University who is now the director of consultancy firm Higher Futures. “That’s where it’s about the culture of the sector that’s the problem.”

helen.packer@timeshighereducation.com

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<网曝门 class="pane-title"> Reader's comments (9)
The focus in these discussions should be on securing the prospects of students and staff, not on 'market exit' of the affected institution. The country and the world need educating as we can see from the events of the last decade. This primary public good should be the focus. It's long past time to get our universities out of the grip of neoliberal groupthing and its dissembling buzzwords.
“At the moment, if somebody comes along and says, ‘I can’t make payroll next month’, government doesn’t have a way out of fixing that problem.” These days I am grateful that my pay still appears in my account at the end of the month. I suppose that is where we are now with some institutions. It's extraordinary we are thinking in these terms. Where did it all go so wrong? They tell us that Rachel now has a ?51 bn black hole in the public finances to fix so there won't be much help from that direction. Universities also seem to be engaging in pretty robust competition for this year's undergraduate admissions, 'hoovering up" is the phrase often used, so I don't see much evidence of collaboration here and why would there be? If competitors go out of business then there's more students for those that don't.
Every aspects of our public and civic life seems to failing at the moment from Health and Welfare to prisons and Justice and no-one seems to have a grip on things, so I would not expect that there won't be any serious and practicable plans in place to deal with the "market exit". It will probably happen and there will be a scramble and chaos at the last minute as OfS maybe tries to do something. certainly some institutions are too big and important to their localities to fail. As we know from Dundee, financial reporting and governance is not always what it should be anyway so it may come as a suprise. What should happen and what will happen are two different things and in a marketised system there isn't much incentive for collaboration and planning, for obvious reasons. Maybe we can bring back the Noble Lord "Two Brains" Willetts to deal with the situation with his pen and his envelope?
At present the regime under the Insolvency Act 1986 would apply. The key issue is whether a new regime is needed to ensure students are ranked as special creditors and able to access ring-fenced funds to cover the cost of any teach-out and/or compensation due for breach of contract - assuming, of course, there are any Uni assets from a selling off in a fire-sale and recalling that any commercial lenders to the U will have priority (unless students in such a new regime can trump then?). As for employees, it is unlikely that the 1986 regime will be amended to offer special terms compared to every other organisation that might go bust. And we can guess whether Government will conjure up a bail-out… Any common sector-wide insurance scheme (as say for the travel industry) will be hopelessly costly and likely rejected by the Us at very low risk of insolvency in terms of their paying in an annual premium. Nationalisation any one?!
On a point of information, there's never been a clear summary of the costs of the Hadlow College and West Kent College special administrations. The NAO report cited in this article was published in 2020 before the insolvency process ended. The administrator report filed with Companies House in 2022 reports total fees of ?7 million. Many of the DfE costs (included in the ?27 million total cited by NAO) relate to the running costs of the colleges over a 15 month period from the insolvency appointment to the transfer to 3 other colleges. It took longer than expected. These costs (some relating to 16-18 year olds) would be hard for DfE to avoid. The key to minimising intervention costs is probably a fast process.
Well I am sure there would be some rescue attempt launched at the last minute prior to the formal winding up of an institution, much as we witnessed in the case of Dundee, perhaps emergency loans, drafting in new management teams, and that sort of thing. It depends on the scale of course.
So policymakers are being asked to figure out how to deal with the consequences of their policys? Whoopeedo! Don't hold your breath, though. Hope some thought is being given to the welfare of the STAFF at any institution driven into failure by government neglect and indifference, as well as to the poor STUDENTS. One thing that needs to be realised is that the costs of dealing with the consequences of institutional failure are probably greater than those involved in helping said institution to survive!
Well the students will probably be transferred somewhere or there may be arrangements for them to complete with no new recruitments. As far the staff as the very helpful and detailed message says above, we are no different from any other category of worker in this regard (nor I guess should we be) and will be treated exactly the same so I presume we get the minumum statutory redundancy pay (which is guarantee-ed by govt funds) and its "goodbye and thank you professor". I don't think we can expect anything further. If we are 55 we can consider taking our pension if not then it's "the old jam roll" as they used to say, or alternative employment somewhere with all those wonderful transferable skills we used to boast about possessing.
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I am very anxious tbh. Are we talking about a few marginal institutions needing proper support to allow transition (for both staff and students), or something more substantial with several institution in a serious situation. We are also dependent on the reporting of financial situations by each University and we know they often don't have much confidence in the accuracy of their financial reporting given the weak financial governance we have witnessed in the sector and some places seem to be making stuff up (many examples which I won't name here). This round of admissions for 2025 looks like being red in tooth and claw so some HEIs may be planning on very optimistic targets and projections. Does anyone have any intelligence or info to share please?
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