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Higher education regulator OfS apologises for overturned £585,000 fine

England's higher education regulator, the Office for Students (OfS), has apologised for errors in its decision to fine the University of Sussex, a penalty later overturned by the high court.

  • The OfS attempted to impose a £585,000 fine on the University of Sussex last year.
  • The fine was overturned in April after a judicial review found the OfS "had closed its mind" and acted with bias.
  • An internal review by KPMG criticised the OfS for being adversarial and lacking clear accountability.

The Office for Students (OfS), England's higher education regulator, has issued an apology for a series of mistakes in its decision to fine the University of Sussex. The £585,000 fine, which was later overturned by the high court, was imposed last year after the OfS claimed the university breached free speech regulations concerning its former professor, Kathleen Stock.

The OfS was compelled to reverse its decision in April following a judicial review initiated by Sussex. The review concluded that the OfS "had closed its mind" and demonstrated bias in its actions.

In a statement, the regulator acknowledged its errors, stating: “The OfS made mistakes in the Sussex case, which we regret. The actions we are announcing today show our continuing commitment to learning the lessons from this case with humility and honesty.”

Among the changes promised by the OfS in a “lessons learned” report are a commitment to “ensuring respectful relationships with higher education providers” and using “alternative forms of intervention where possible to effect change” before resorting to enforcement actions like fines.

Professor Sasha Roseneil, Sussex’s vice-chancellor, welcomed the OfS’s acknowledgement of its mistakes but expressed concerns that its reform plans “fell short” in several areas. She noted that a KPMG internal review, commissioned by the OfS and published in summary on Thursday, criticised the regulator for being adversarial, having gaps in its written records, and lacking clear accountability.

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