Withdrawal, Suspension and Resumption of Taught Programmes during and after the coronavirus outbreak

Context

In light of the coronavirus outbreak, the Office for Students (OfS) published amended guidance on reportable events as part of our conditions of registration. During this period, the OfS require that a provider (The University of Manchester) reports when it intends or expects to cease teaching some or all of its courses to one or more groups of students.

This obligation will continue to extend to students for whom we are the awarding body wherever and however those students study, although the OfS recognise that the specific actions taken by The University to maintain quality and secure standards may need to vary for different delivery locations.

For courses delivered through a validation arrangement, the provider with a direct contractual relationship with the students makes the report. For courses that are delivered through a sub-contractual arrangement the lead provider makes the report.

Process

Faculty and School colleagues should use the modified withdrawal template to notify TLD of all withdrawn and suspended taught programmes. TLD will report these to the University’s Directorate for Legal Affairs for reporting to the OfS. Please email approved documentation to angela.entwistle@manchester.ac.uk.

It is imperative that paperwork is submitted as soon as possible following approval, and at the latest by June in the respective recruitment cycle e.g. June 2023 for September 2023 programme start. This is for the following reasons:

Our Student Protection Plan - Policy on Refunds and Compensation stipulates ‘if a taught programme is withdrawn after the 30th June in any recruitment cycle, the University may compensate for evidenced expenses relating to attempts to find a suitable course at another institution, up to the end of September in the same academic year.’
We are obliged to adhere to very tight reporting deadlines set by the Office for Students.
Admissions can only act to remove the programme on receipt of approved documentation.

Several templates have been developed by Admissions colleagues to ensure consistency when communicating with different types and levels of offer-holders. The templates comply with CMA obligations and Student Protection Plan - Policy on Refunds and Compensation so please use these with limited flexibility and do not delete any content. The templates can be found at Programme Amendment, Withdrawal and Suspension Applicant Communication Templates and Guidance (if you have not got access to this Student Marketing & Recruitment, Admissions Sharepoint site, you can request access at SMRA Hub Request Form).

Guidance on the legal considerations of Programme Withdrawal

(Please note that the principles below are also relevant in the context of making programme amendments to material information)

A potential legal risk arises where offers made to applicants have been accepted as, from that point in time, a legally binding contract comes into fruition. That doesn't mean to say that we cannot seek to change the terms applicable to our offer but we need to be mindful of the potential legal implications in doing so.

The Directorate for Legal Affairs will review individual programme closures so that colleagues are fully supported where such a decision is made, and to advise accordingly. This consultation should be indicated on the Programme Withdrawal form in the appropriate section.

School and Faculty colleagues should refer to the following guiding principles to help mitigate and reduce potential legal risks when a programme is being withdrawn or suspended:

Fully document the reasons for the withdrawal and your decision-making. This will strengthen justification for proceeding in this way and to anticipate challenges or questions from prospective students. This should reference any alternatives explored (e.g. online/remote/adjustments), along with student feedback/consultation (where feasible) and how this was taken into account. You can also indicate any significant adverse impacts on the learner experience; the challenges arising from the uncertainty/inability to deliver fieldtrips in circumstances where they form an important part of the academic year is a good example of this.
Timing is of critical importance and following the principle that the earlier we can communicate the withdrawal decision, the better. Early communication will enable applicants to make a fully informed decision about alternative applications and choices, or perhaps to accept a place on a different programme with us. It also means that the risk of applicants making life/planning/financial decisions (such as securing accommodation) based upon our offer is lower. Again, it reduces the likelihood of complaints.
The legal risk is reduced where we are able to have meaningful discussions with applicants regarding alternative study options at the University which might be relevant and of interest to them.
It is helpful to be able to point to conditions considered as part of the offer made to a student E.g. reference specific published material such as where the programme may still be ‘subject to approval’, and/or where this may have been noted in any written offer made to an applicant.

*PGT ONLY * change of programme start date (consult the programme amendment matrix):

The amendment process only needs to be followed in circumstances where the PGT programme is to commence at a different time to those published by the University for the new academic session i.e. teaching will not begin week commencing 26 October for PGT programmes.
We are in a much stronger position to justify a change to the start date where it is either not possible to deliver the course from the original proposed date or where the pandemic will have a very significant adverse impact on the educational experience. Contrast this with a situation where it would have been feasible to deliver the course from the original proposed date with adjustments (for example, online delivery, socially distanced learning, etc.) and without any very significant adverse impact on the learner experience.
Please also be mindful that PGT application deadlines vary, including dates by which applicants are to indicate their acceptance on a programme. This may impact availability of alternative options where an offer-holder does not wish to proceed on the basis of the changes made. Early communications and conversations with prospective students and applicants will therefore be critical in minimising the potential for complaints.

OfS Reporting requirements

The details of reporting requirements are summarised below for information. Those that are relevant to the withdrawal/suspension process and/or the programme amendment process are captured on each respective template.

The University is required to report to the OfS if it has taken, or plans to take, any of the following actions:

Ceases or suspends delivery of any higher education courses to current students where reasonably equivalent alternative study options are not provided
Is no longer delivering higher education to one or more groups of students
Is ceasing or suspending delivery of one or more modes of study to current students, for example no longer delivering a course on a part-time basis
Is ceasing or suspending delivery of higher education, in whole or in part, to current international students with a visa issued under a Tier 4 licence
Is ceasing or suspending delivery of higher education in such a way that current students who expected to complete their course in the 2019-20 academic year are unable to do so
Has lost accreditation by a professional, statutory or regulatory body (PSRB) because of changes to the delivery of higher education made as a result of the coronavirus pandemic.
No longer intends to accept an intake where offers have already been made.
Is unable to award qualifications or credit for any unit, module or course
Decides to transfer students between its teaching sites
Withdraws offers made to applicants due to start a course in or after April 2020

The University is not required to report that it:

Has moved teaching and assessment to an online or other delivery method
Has temporarily closed a campus or the provider as a whole, as long as teaching continues to be delivered
Has postponed the planned start date of a course
Has transferred offers to an equivalent course due to start in 2020-21

Note about published information for 2022 entry

Colleagues need to update any withdrawn or suspended provision by removing it from the 2022 entry in the Course-Finder catalogue, as well as other published locations such as VLE or your Faculty/School intranet. We must remain CMA compliant by providing clear, consistent and accurate material information such that they can exercise informed choice about what and where to study.

Alerts have been added to the Course-Finder catalogue directing applicants to the potential need for change.

On receipt of the approved paperwork TLD will update DISCOVERUNI (formerly UNISTATS) record where appropriate.

Resuming Suspended Programmes

Colleagues should pay careful attention when resuming suspended or withdrawn provision to ensure that such programmes undergo some measure of review or revalidation to ensure currency and/or to reflect any changes that may have taken place during the dormant period. It may therefore be necessary to trigger a programme amendment prior to resuming some suspended programmes. TLD will continue to contact colleagues where provision is close to its expected resumption to support in the management of this.