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British Accreditation Council

for independent further and higher education

Accreditation Handbook
UK 2009-2010

C e l e b r a t i n g 2 5 ye a r s o f h i g h e r s t a n d a r d s f o r i n de p e n d e n t e d u c a t i o n
British Accreditation Council
for independent further and higher education

Accreditation Handbook
UK 2009-2010

further and higher educational


institutions based in the
United Kingdom

© British Accreditation Council


44 Bedford Row
London WC1R 4LL

Telephone: 020 7447 2584


Fax: 020 7447 2585
Email: info@the-bac.org
Website: www.the-bac.org

The British Accreditation Council for Independent Further and Higher Education
is registered as a charity (Charities Registration No. 326652)
and is a private company limited by guarantee (Registered in England No. 1828990)

This work is copyright © 2009 by the British Accreditation Council for Independent Further and Higher Education.
Permission granted to reproduce the entirety of this work or extracts from it for personal and educational use only.
Extracts from this work must be acknowledged. All other rights reserved.
This work is registered with the UK Copyright Service.
BAC’s full and short logos are recognised trade marks registered with the UK Intellectual Property Office.

Design by Alex Proudfoot and Erin Sanna

BAC
2
Contents
Introduction 4
Who’s Who in BAC? Officers, Committee Members and Staff 5
1. Accreditation: Conditions 8
1.1 Introduction 8
1.2 General Requirements 8
1.3 Eligibility 9
1.4 The Award of Accreditation 9
1.5 Maintaining Accreditation 10
1.6 Suspension or Withdrawal of Accreditation 11
2. Accreditation: General Requirements 14
2.1 Inspections 14
2.2 UK Border Agency (UKBA) Requirements 14
2.3 Student Complaints 16
2.4 Awards and Qualifications 17
2.5 Providers of English as a Foreign Language 18
2.6 Institutions Recognised as Schools 18
3. Accreditation Processes 20
3.1 The Period of Accreditation 20
3.2 New Applications for Accreditation 20
3.3 Continuing Accreditation 24
4. Inspection Procedures: Organisation 26
5. Inspection Procedures: Assessment 28
Introduction 28
5.1 Premises and Health and Safety 30
5.2 Management, Staffing and Administration 32
5.3 Student Welfare 34
5.4 Teaching, Learning and Assessment 36
5.5 Management of Quality 38
5.6 Non-collegiate Accreditation 40
6. Supporting Documentation Required for Inspection 42
7. Accreditation Committee 44
8. Appeals Procedure 46
9. Complaints Procedure 50
10. Charges: Inspection and Accreditation Fees 54
Appendices: Advisory Documents 57
A: Prospectuses and Websites: Guidelines for Accredited Institutions 58
B: Fire Precautions and Health and Safety Arrangements 62
C: Employment Issues 66
D: Child Protection 67
E: Disability 69
F: Copyright 70
G: Students Requiring Visas 71
Introduction
The British Accreditation Council (BAC) is an independent body, established in 1984 “to improve and enhance
the standards of independent further and higher educational institutions by the establishment of a system of
accreditation”. It is a registered charity, whose Council members are nominated by many of the bodies concerned
with the maintenance of educational standards in the United Kingdom (UK). No officers or members of Council
have a commercial interest in any of the accredited institutions. The responsibility for decisions on accreditation
is delegated to BAC’s Accreditation Committee, which includes members of the Council, recent practitioners and
representatives of other accrediting bodies.

Accreditation by BAC is recognised by the UK Border Agency (UKBA) as a qualifying requirement for institutions
wishing to enrol visa students. Subject to meeting certain requirements, colleges accredited by BAC will be eligible
to apply for a UKBA licence, which will enable them to enrol students from outside the European Economic Area.
This licensing system replaces the Register of Education and Training Providers maintained by the Department of
Innovation, Universities and Skills (now replaced by the Department for Business Innovation and Skills). BAC works
closely with UKBA and is itself monitored by Ofsted on UKBA’s behalf.

BAC has a close relationship with accreditation schemes operated by Accreditation UK (in the field of English as a
Foreign Language) and the Open and Distance Learning Quality Council. The system of accreditation established by
the three bodies was described in 1990 by the Rt. Hon. John MacGregor, then Secretary of State for Education, as
“the only public guarantee of standards in independent institutions of further and higher education in the UK”.

BAC’s accreditation process is based on a thorough and independent system of inspections involving a team of
specialist inspectors - many of them former members of Her Majesty’s Inspectorate, others senior academics or
practitioners. Accredited institutions are subject to a full inspection every four years, with an interim inspection
during the intervening period. During an inspection, institutions are assessed in five areas:

»» premises and health and safety provision

»» management, staffing and administration

»» student welfare

»» teaching, learning and assessment

»» management of quality

An unsatisfactory assessment in any of the five graded areas may lead to a refusal or withdrawal of accreditation.

BAC accredits more than 400 institutions in the UK and some 25 overseas independent higher education
institutions. A full list may be found on BAC’s website, www.the-bac.org.

Any amendments to the terms and procedures set out in this handbook necessitated by, for example, changes in
legislation, will be clearly posted on the BAC website.

Enquiries concerning accreditation should be made to:



The Chief Executive Telephone: 020 7447 2584
British Accreditation Council Fax: 020 7447 2585
44 Bedford Row Email: info@the-bac.org
London Website: www.the-bac.org
WC1R 4LL

4
Who’s Who in BAC?
Honorary President
The Lord Watson of Richmond CBE
Liberal Democrat Spokesman on Universities, House of Lords

Membership of the Council


»» Mr Tim Cox (Chairman) »» Dr David Morley
former Executive Secretary, Chief Executive, Open and Distance Learning
Standing Conference of Principals Quality Council

»» Mr Bill Gibbs (Deputy Chairman) »» Dr Ann Ridler


former Secretary, RSA Examinations Board former Chief Inspector, BAC

»» Dr Cloud Bai-Yun »» Ms Christine Ryan


Head, UK NARIC (National Recognition Chief Inspector, Independent Schools Inspectorate
Information Centre)
»» Mr Dominic Scott OBE
»» Mrs Diane Billam (Chairman of Accreditation Chief Executive, UK Council for International
Committee) Student Affairs
former Director of Products and Quality, BTEC
»» Ms Michele Sutton
»» Dr David Bland OBE (Deputy Chairman of Principal and Chief Executive, Bradford College
Accreditation Committee) (nominee, Association of Colleges)
former Pro-Vice-Chancellor, University of Sheffield
»» Mr Peter Williams CBE
»» Mr Eric Glover (Honorary Treasurer) former Chief Executive, Quality Assurance Agency
former Secretary General, Chartered Institute of for Higher Education (QAA)
Bankers
»» Mr James Winter
»» Ms Alice Hynes Head of Collaborative Partnerships Office,
Executive Secretary, Guild HE Manchester Metropolitan University
(Chairman, Council of Validating Universities)
»» Mr Richard Lewis
former President, International Network of Quality »» Nominee to be confirmed
Assurance Agencies in Higher Education Quality Assurance Agency for Higher Education
(QAA)
»» Ms Liz McLaren
Manager, Accreditation Unit, British Council »» Nominee to be confirmed
Universities UK
»» Mr Graham Middleton
former Secretary, Council for National Academic
Awards

Observers
»» Ms Suzanne Barnes »» Mrs Margaret Pattinson
Policy Project Manager, Managed Migration Team, Team Leader with responsibility for independent
UK Border Agency schools, Department for Children, Schools and
Families
»» Mr Paul Ellis
Chief Executive, Federation of Awarding Bodies »» Dr Jim Sinclair
Director, Joint Council for Qualifications
»» Ms Susan Hindley
Chairman, Study UK Association

5
Membership of Committees

Executive Committee Accreditation Committee


The Council delegates responsibility for BAC’s The Accreditation Committee has full delegated authority
strategic direction to the Executive Committee, from the Council to award or withhold accreditation.
who act as a Board of Directors for the In addition to making case-by-case decisions on the
company. The Members, drawn from the main accreditation of institutions, the Accreditation Committee also
Council, also serve as trustees of the charity. has responsibility for keeping BAC’s conditions, standards and
criteria under review. For further information see Section 7.
»» Mrs Diane Billam
(Chairman of Accreditation Committee) »» Mrs Diane Billam (Chairman)
former Director of Products and Quality, BTEC
»» Dr David Bland OBE
(Deputy Chairman of Accreditation »» Dr David Bland (Deputy Chairman)
Committee) former Pro-Vice-Chancellor, University of Sheffield

»» Mr Tim Cox »» Dr Kate Clarke


(Chairman) Director, Open University Validation Services

»» Mr Bill Gibbs »» Mr Tim Cox


(Deputy Chairman) former Executive Secretary,
Standing Conference Of Principals
»» Mr Eric Glover
(Honorary Treasurer) »» Ms Janet Elliot
former Director, City & Guilds and Pitman Examinations
»» Mr Dominic Scott OBE
»» Mr Eric Glover
former Secretary General, Chartered Institute of Bankers
»» Mr Peter Williams CBE
»» Dr Stephen Jackson
Director of Reviews, QAA

»» Mr Robin Laidlaw
former Chief Executive, BAC

»» Ms Hilary Managh
Assistant Manager, Accreditation Unit, British Council

»» Dr Ann Ridler
former Chief Inspector, BAC

»» Mr Graham Worsdale
Vice-Chairman, Council of Validating Universities

6
Head Office Staff
BAC’s Committees and Inspectors are supported by a core team of administrative staff at our Head Office in
London. Led by the Chief Executive, Dr Gina Hobson, the staff are responsible for the day-to-day business of BAC,
including management of inspections, oversight of our accredited colleges and communications with the public
and sector.

»» Chief Executive
Dr Gina Hobson

»» Accreditation Manager »» Communications Manager »» Finance Manager


Ms Francine Koubel Mr Alex Proudfoot Mr David O’Rourke

»» Accreditation Officer »» International and Public »» Finance Assistant


Miss Donnett Edwards Affairs Officer Miss Phyu Aye
Miss Caroline Greves
»» Inspections Officer »» Finance Assistant
Miss Clare Baker »» Information Officer Mr Mohammed Hisham
Mr Tom Richards Nizam
»» Accreditation Assistant
Ms Claire Bott »» Communications Assistant
Miss Erin Sanna
»» Accreditation Assistant
Mr William Lash »» Receptionist
Miss Kirstin O’Shea
»» Inspections Assistant
Ms Wilhemina Nartey

Senior Inspectors
BAC’s Senior Inspectors, along with the Head of Inspection Services and Chief Inspector, comprise the most
experienced educational specialists working for BAC.

»» Head of Inspection Services »» Chief Inspector


Professor Steve Bristow Ms Sheila Needham

»» Senior Inspector »» Senior Inspector


Mr Paul Bradbury Mr Martin Roundell Greene

»» Senior Inspector »» Senior Inspector


Mr Robin Laidlaw Mr Ron Tuck

7
1. Accreditation
CONDITIONS
1.1 Introduction 8
1.2 General Requirements 8
1.3 Eligibility to be considered for Accreditation 9
1.4 The Award of Accreditation 9
1.5 Maintaining Accreditation 10
1.6 Suspension or Withdrawal of Accreditation 11

1.1 Introduction »» to enable an institution to state


publicly that it has voluntarily accepted
1.1.1 The British Accreditation Council acts independent inspection and has
as a national accrediting authority satisfied BAC that all relevant aspects
for independent further and higher of its operation are maintained at a
educational institutions, subject to the satisfactory level.
conditions set out below.
1.1.4 The requirements and procedures set out
1.1.2 Accreditation is based on an inspection in this Handbook apply specifically to
of a full range of an institution’s institutions based in the United Kingdom.
provision but also requires evidence BAC produces a separate Handbook in
that the management will maintain respect of the accreditation of overseas
acceptable standards during the period institutions which offer higher education
of accreditation and operate within the programmes. Please contact the BAC office
requirements of United Kingdom law. for a copy of the overseas accreditation
handbook.
1.1.3 In awarding accreditation BAC has four
main purposes:
1.2 General Requirements
»» to support and advise independent
1.2.1 The award of accreditation will be subject
institutions of further or higher
to an institution meeting standards
education in the maintenance and
established and periodically reviewed by
enhancement of their quality of
BAC.
provision

»» to provide independent guidance to 1.2.2 Institutions will only be eligible to receive


students seeking to undertake further accreditation if the effective control of
or higher education in an institution the institution is the responsibility of an
outside the state sector accountable management based in the
United Kingdom. The institution should be
»» to provide assurance of the good led by a proprietor or designated Principal/
standing of an institution to government Director, who must be legally resident
departments and other interested in the United Kingdom and have clear
bodies contractual responsibilities for the running

8
of the institution and for the quality of for students of compulsory school age
its work. There should be no grounds to (i.e. 16 years and under).
believe the Principal/Director to be unfit
to have responsibility for the institution. 1.4 The Award of
Accreditation
1.2.3 Unless BAC determines otherwise, where
an accredited institution is a branch of 1.4.1 The authority to award or withhold
a larger organisation, accreditation will accreditation is fully delegated to the
relate only to the branch institution. Council’s Accreditation Committee (see
Section 7).
1.2.4 The institution must be able to provide
evidence of its financial stability. 1.4.2 BAC awards accreditation of two kinds:
institutional and non-collegiate.
1.2.5 Accreditation by BAC does not remove the
obligations of the accredited institution »» Institutional accreditation covers the
to comply with relevant statutory full range of activities provided by a
requirements. college or similar institution, and is
not restricted to specific courses within
1.3 Eligibility to be the total operation. Full accreditation
considered for is awarded for a period of up to four
Accreditation years, subject to a satisfactory interim
inspection and the institution meeting
1.3.1 The following types of independent the requirements set out in Section
institutions are eligible to be considered 1.5 below. This accreditation does not
for accreditation: extend to activities which take place
outside the institution itself (for instance,
»» institutions offering further or higher
franchised programmes, satellite
educational courses throughout the
summer schools or separate branches,
year
whether in UK or overseas) or promoted
»» non-collegiate institutions, offering and delivered under a different name
specific courses at certain times of unless BAC has given specific approval
the year or within institutions which for the inclusion of such activities within
primarily offer courses which are not the institution’s accreditation.
appropriate for BAC accreditation.
»» Non-collegiate accreditation is
awarded in respect of a specified
1.3.2 The following types of institution will not
range of courses. The range must be
normally be eligible to be considered for
detailed within the application and
accreditation:
will be indicated on the certificate of
»» institutions which are wholly accreditation. Accreditation is awarded
publicly funded, or which are for a period of up to four years, subject
wholly responsible to a government to a satisfactory interim inspection and
department or an institution in receipt observance of the requirements set out
of state grants, and thereby subject to in Section 1.5 below. If the organisation
Ofsted inspection or QAA audit wishes to apply for an extension of
the scope of the accreditation, BAC’s
»» institutions which are solely or Accreditation Committee will consider
predominantly providers of English as whether a further inspection is required
a Foreign Language (see Section 2.5 before such an extension can be
below) granted.
»» institutions which are solely or
predominantly providers of education
9
1.4.3 BAC has developed specific criteria for the the college: e.g. the Quality Assurance
award of accreditation as an independent Agency (QAA), British Council, the
higher education institution. The award Open University Validation Services, is a
is available to institutions which wholly government regulatory agency (e.g. the
or predominantly offer programmes at UKBA, Trading Standards), or is a UKBA-
the level of higher education, normally approved accrediting body. By submitting
in partnership with an accredited an application for accreditation the
university or other HE awarding body, institution acknowledges and agrees to
and offer students a range of resources these information-sharing protocols.
appropriate to those studying at the level
of higher education. Independent higher 1.4.7 The institution may publish the inspection
education institutions wishing to apply for report in its entirety. Sections of the report
accreditation under these criteria should may not be selected and published alone.
contact the BAC office. A short report summary for publicity
purposes can be provided by the BAC
1.4.4 BAC has developed specific criteria office.
for small, specialist colleges. Two
schemes have been developed which are 1.4.8 The award of accreditation allows the
applicable to colleges offering creative institution to display BAC’s Accreditation
and performing arts (the Small Creative Mark and the statement “Accredited
and Performing Arts colleges scheme, by the British Accreditation Council
or SCAPA) or theological and religious for Independent Further and Higher
education (the Small Theological and Education”. A variation of this statement
Religious Education colleges scheme, or should be used by non-collegiate,
STARE). Providers who wish to find out independent higher education institutions
more about these schemes and whether and those institutions with “approved
they might be eligible should contact candidate for accreditation” status. Further
the BAC office. It will be necessary for information can be obtained from the
applicants to complete a questionnaire BAC office. Only those institutions with
and return this to BAC in order for their accreditation are permitted to use the logo
eligibility to be determined. and statement on their material. The BAC
logo and Accreditation Mark must not be
1.4.5 Accreditation may be awarded for a period used on award certificates unless express
of up to four years, during which time permission to do so has been received.
the institution will receive an interim
inspection from BAC (see 3.3.3). Before 1.5 Maintaining
the end of this period, a full re-inspection Accreditation
will take place unless the Accreditation
Committee has, exceptionally, approved 1.5.1 Following accreditation, institutions are
an extension of the accreditation period. required to comply with procedures
If an institution fails to respond to requests established to monitor the maintenance of
for reapplication documents and agree satisfactory standards (see Section 3.3).
to a re-inspection before the end of the
accreditation period, its accreditation will 1.5.2 The requirements include:
be deemed to have lapsed.
»» submission of an annual full-time
equivalent (FTE) form
1.4.6 BAC regards its reports on colleges
as being confidential to itself and to »» the submission of an annual return and
the college. BAC does not share these accounts (see Section 3.3.2)
reports with external bodies without the
express permission of the college, unless »» the submission of annual student
such a body has an explicit interest in enrolment, progression and completion
10
statistics 1.6 Suspension or
»» co-operation in enabling BAC to
withdrawal of
respond to any complaint relevant to
Accreditation
accreditation
1.6.1 BAC’s Accreditation Committee may
»» full re-inspection within the stated determine to withdraw the accreditation
period of accreditation (normally four of an institution following consideration
years). of an adverse inspection report, or other
evidence that the institution has failed
1.5.3 BAC reserves the right to inspect the to maintain the standards required for
institution and review its accreditation at accreditation or to meet the requirements
any time. Grounds may include: for continuing accreditation described in
Section 1.5 above.
»» change of ownership or company
registration* 1.6.2 The Chairman or Deputy Chairman
of the Accreditation Committee may
»» change of name*
authorise the immediate suspension of
»» appointment of a new principal/ the accreditation of an institution on
director* the grounds of a major breach of BAC’s
regulations. These may include:
»» significant changes in the academic
programme* »» conviction of the owner(s) or head
of establishment on either civil or
»» relocation or the acquiring of
criminal grounds relevant to the good
additional premises*
management of the college
»» a serious complaint or evidence to
»» bankruptcy, where the institution is
suggest that the standards observed
owned by individuals, or insolvency,
during the full inspection are not being
where the institution is company
maintained.
owned
*It is the institution’s responsibility to inform BAC,
»» failure to provide evidence that the
in good time, when such changes occur.
college requires visa students to meet
their requirements in respect of hours
1.5.4 Accredited institutions are also required
of organised daytime study and levels
to pay an annual accreditation fee (see
of attendance
Section 10). Failure to pay the fee within
a stated period will lead BAC to assume »» e nrolling or offering to enrol visa
that the institution has withdrawn from students onto an academic programme
accreditation. One month’s notice of which does not meet UKBA’s
withdrawal is required. Withdrawal after requirements (see Section 2.2)
the start of the accreditation year (1st
September) will render the institution »» enrolling or offering to enrol students
liable for pro rata payment of the annual onto unauthorised degree programmes
fee. in breach of the Education Reform
Act 1988 or programmes which lead
1.5.5 While BAC will assess elements of the to degrees awarded by an overseas
institution’s responsibility, it remains the body which is not itself accredited by
institution’s responsibility to ensure it a recognised accrediting agency (see
meets all relevant statutory requirements, Sections 2.4.3 and 2.4.4)
along with those enforced by UKBA.
»» failure to respond within reasonable
time to a request from BAC in respect
of a complaint from a student or
11
external body

»» failure to settle a debt to BAC within a


stated period of time

»» failure to agree to a re-inspection


within the period of accreditation.
The Accreditation Committee at its next
meeting will receive a report of the grounds
for the suspension and the college’s
response, and then may determine to
reinstate or withdraw accreditation or to
maintain the suspension for a further period
to allow the college to take remedial action.
The above list is not exhaustive.

1.6.3 Institutions will continue to appear on


the BAC list of accredited colleges during
the period of suspension, but may be
summarily removed if the withdrawal of
accreditation is subsequently approved by
the Accreditation Committee.

1.6.4 Following a decision by the Accreditation


Committee to withdraw accreditation,
institutions will have the right to make use
of BAC’s Appeals Procedure (see Section
8).

1.6.5 BAC, as part of its mission, maintains


excellent relations with the relevant
government departments, including UKBA.
These are informed of newly accredited
colleges, suspensions and withdrawals of
accreditation. Loss of accreditation may
lead to the loss of a UKBA Licence as a
sponsoring organisation.

12
13
2. Accreditation
GENERAL REQUIREMENTS
2.1 Inspections 14
2.2 UK Border Agency (UKBA) Requirements 14
2.3 Student Complaints 16
2.4 Awards and Qualifications 17
2.5 Providers of English as a Foreign Language (EFL) 18
2.6 Institutions recognised as schools under Section 162a regulations 18

2.1 Inspections the reason for the inspection is either the


failure of an institution to respond to a
2.1.1 Institutions applying for accreditation or request for information from BAC, or the
reaccreditation are required to undergo institution having omitted to notify BAC
inspection by independent inspectors of significant changes such as a change
appointed by BAC. BAC’s inspections are of Principal or a re-location (see Section
intended not only to assess whether an 10.1.5).
institution should be accredited, but also
to provide advice and support within the 2.2 UK Border Agency (UKBA)
institution’s own framework of quality Requirements
management. The method of assessment
is set out in Sections 4, 5 and 6 of this 2.2.1 All education providers receiving students
handbook. from outside the European Economic Area
(EEA) will need a UKBA licence to act as
2.1.2 Although BAC is a non-governmental an immigration sponsor. This licensing
organisation, its inspections monitor process has replaced the Department
compliance with legal requirements for Innovation, Universities and Skills
in areas which include fire protection, (now replaced by the Department for
health and safety, employment law, Business, Innovation and Skills) Register
child protection, equalities and non- of Education and Training Providers. To
discrimination, copyright licensing and receive a licence, independent education
observance of visa regulations. However, providers will need to show that they hold
accreditation by BAC does not remove the valid accreditation by BAC or another
obligations of an accredited institution UKBA-approved accreditation body, along
to comply with relevant statutory with meeting other UKBA criteria. Details
requirements and accreditation may be of this and other important changes are set
refused or withdrawn if there is evidence out in full in Appendix G, but the major
of non-compliance with an institution’s elements are summarised below.
legal responsibilities.
2.2.2 The new process, known as the Points
2.1.3 BAC reserves the right to carry out a Based System (PBS) or Tier 4 visas, gives
spot check inspection of an accredited greater protection to colleges enrolling
institution, with or without prior visa students, in that visas are tied to the
notification. A charge will be levied where “sponsoring” college. It also places new

14
responsibilities upon colleges to ensure »» recognised by one or more recognised
that visa requirements are met and that bodies via a formal articulation agreement
UKBA is informed when students are with the awarding body;
failing to meet those requirements.
»» approved at level 3 or above in the
2.2.3 Sponsoring education providers will issue National Qualifications Framework
would-be students with a Confirmation (NQF) operated by the Qualifications &
of Acceptance for Studies (CAS). A CAS Curriculum Authority (QCA); or
is not a guarantee of a visa, but will act
»» approved at an equivalent level in
as a guarantee from a licensed education
the Scottish Credit & Qualifications
provider that it wishes to bring a student to
Framework (SCQF); or
the UK, and that to the best of its knowledge
the student will meet the rules for Tier 4 »» approved at an equivalent level by the
and will comply with his/her conditions Qualifications, Curriculum and Assessment
of stay. It must also provide assurance that Authority (SQCA) for Wales; or
the education provider is confident that
»» approved at an equivalent level by the
the student is capable of undertaking and
Council for Curriculum, Examinations and
completing the particular course of studies.
Assessment (CCEA) in Northern Ireland; or
2.2.4 There are two possible entry routes for
»» an overseas qualification, on which UK
students:
NARIC is able to advise with regard to its
»» General student visas, which enable validity, with a level equivalent to level 3
a student to be cleared for a period of or above on the National Qualifications
study for up to four years and have work Framework.
entitlements
UKBA will exceptionally accept qualifications
»» Student visitors, who may stay for a non- which sit outside of this definition until 31
extendable period of up to six months and March 2010. Colleges will thus have until this
may not work during their stay. date to ensure that all their courses meet these
criteria (please see paragraphs 225 and 226
In either case, the student will only be able of the Guidance for Sponsor applications -
to enrol in a college accredited by BAC or Tier 2, Tier 4 and Tier 5 of the Points Based
another body approved by UKBA. System for further guidance).

2.2.5 Apart from establishing a new process, the 2.2.6 In general terms, an institution which
PBS system imposes new restrictions on enrols visa students must satisfy BAC’s
the level of courses which can be offered inspectors that it meets the UKBA
to visa students. Please note that UKBA definition of a bona fide education
has stated that in order for an individual provider. In order to demonstrate this, the
from outside the European Economic Area institution must:
to be issued with a student visa they must
have been accepted onto a course leading »» maintain satisfactory records of enrolment
to an approved qualification. An approved and attendance of students, and supply
qualification is defined as: these to UKBA when requested;

»» validated by Royal Charter; or »» provide courses which involve a minimum


of 15 hours organised daytime study per
»» awarded by a recognised body on the week, excluding breaks;
recognised bodies list operated by DIUS
[now BIS] (see link http://www.dcsf. »» ensure a suitably qualified tutor is present
gov.uk/recognisedukdegrees/index. during the hours of study to offer teaching
cfm?fuseaction=institutes.list); or and instruction to the students;

15
2.3 Student Complaints
»» offer courses leading to an approved
2.3.1 It is a condition of continuing
qualification (see Section 2.2.5 above and
accreditation that an institution agrees
Appendix G);
to co-operate promptly with BAC in an
»» employ suitably qualified staff to provide attempt to resolve a complaint received
teaching, guidance and support to the from a present or former student. The
students; complaints procedure is set out in Section
9.
»» provide adequate accommodation,
facilities, staffing levels and equipment to 2.3.2 Failure to respond to BAC’s request for a
support the numbers of students enrolled response to the complaint may lead BAC
at the institution; and to undertake an unannounced spot check
inspection at the institution’s expense
»» if it offers tuition support to external
or, in the case of a serious complaint, to
students at degree level, ensure that such
suspend accreditation until the issue is
students are registered with the UK degree
resolved.
awarding body.
2.3.3 With the agreement of both sides, BAC’s
Further details of the interpretation of these
Chief Executive will offer mediation in an
criteria may be found in Appendix G.
attempt to resolve the issue.
2.2.7 UKBA may request BAC to investigate
2.3.4 Where a complaint is considered to be
and take appropriate action where there
relevant to BAC’s accreditation criteria
are grounds to suspect that an accredited
and, after due investigation, is considered
institution is failing to meet these
to be justified, BAC may require the
requirements. This will normally involve
institution to take appropriate action
an unannounced spot check inspection of
to compensate the complainant as a
the institution. UKBA will be informed of
condition of continuing accreditation.
the outcome of the inspection.

2.2.8 Where the failure to meet visa


requirements is repeated or is considered
to be the result of a deliberate attempt
to circumvent the requirements, BAC’s
Accreditation Committee will withdraw
accreditation, which in turn may lead to
the withdrawal of the institution’s UKBA
licence.

16
2.4 Awards and advertise pathways to a degree as a degree
Qualifications award.

2.4.1 BAC does not validate or accredit 2.4.4 Overseas Degrees


qualifications. BAC’s policy is that
institutions should offer courses leading 2.4.4.1 BAC will not grant accreditation to
to external awards granted by recognised institutions or maintain the accreditation of
examining bodies. BAC does accept that institutions which offer courses leading to
there may be instances where there is overseas degrees unless the awarding body is
no appropriate external awarding body. itself accredited by a recognised accrediting
Institutions should, however, be aware agency. This would normally be a national
that UKBA requires all visa students to agency or, in the case of US degrees, a
be studying for an approved qualification body recognised by the US Council for
from 31 March 2010 onwards (see 2.2.5). Higher Education Accreditation. Accredited
colleges considering entry into a partnership
2.4.2 Level and status of internal enabling the offer of degree programmes
awards are strongly recommended to contact BAC
to ensure that the awarding body meets
BAC’s inspectors will consider the accuracy BAC’s requirements. Institutions offering
of any claims made by institutions as to the programmes to visa students which lead to
level and status of their internal awards. This the award of overseas qualifications should
will include a requirement for evidence of provide evidence that UK NARIC considers
the extent to which the institution’s internal that they meet the requirements of UKBA
awards are accepted for the purposes (see Section 2.2.5 and Appendix G).
of employment or further study. BAC
2.4.4.2 Institutions offering courses leading to
encourages institutions to involve external
degrees awarded by an overseas body
moderators in the assessment of students,
should be aware that the Education Reform
but accepts that there may be instances
Act 1988 also specifies that an offence
where this is inappropriate. In the case of
will be committed unless “it is shown that
programmes on which visa students are or
the defendant took reasonable steps to
may be enrolled, the award must be at NQF
inform the person to whom the award was
level 3 or above and, by March 2010, be
granted or any member of the public or
independently validated by a recognised
particular individual to whom the offer or
body (see Section 2.2.5 and Appendix G).
invitation was addressed that the award
2.4.3 Degrees was not granted or to be granted by a
United Kingdom institution” (214 (4)). Thus
It is an offence under the Education Reform publicity material must state the location of
Act 1988 (Section 214) for an institution based the awarding university.
in the UK to offer or grant an award which
is “described as a degree” unless it has had
degree-awarding powers officially bestowed
upon it. Before a private institution can offer
courses leading to degrees it must enter
into a formal partnership agreement with a
recognised UK degree awarding body or an
overseas body which has accredited degree-
awarding powers. Providers must clearly
state the awarding university on all publicity
material. Furthermore, providers should not

17
2.5 Providers of English as 2.6 Institutions
a Foreign Language (efl) Recognised as Schools
under Section 162a
2.5.1 BAC does not itself accredit institutions Regulations
which are solely or predominantly
providers of English as a Foreign Language 2.6.1 Institutions which have received an
(EFL) course/programmes. This includes inspection (normally by Ofsted or the
any provider which, while legally a Independent Schools Inspectorate) under
division of a BAC-accredited institution, the section 162a regulations (Education
is essentially a separate organisation Act 2003) for independent schools may be
and is being promoted separately and eligible to receive a top-up inspection by
under a different name. BAC has taken BAC.
the view that it is more appropriate
for such providers to be accredited by 2.6.2 In addition to providing the Accreditation
Accreditation UK (operated by the British Committee with current information on the
Council in partnership with English UK). institution, BAC’s top-up inspection will
focus upon two major areas:
2.5.2 In cases where the EFL provision has
»» the institution’s response to any
been accredited by Accreditation UK,
deficiencies identified in the section 162a
BAC’s inspection will be largely restricted
report
to items relevant to non-EFL academic
programmes (including teaching and »» an evaluation of elements of the
academic management, procedures and institution’s provision which lie outside the
resources), although the adequacy of section 162a criteria. These are likely to
the relationship between EFL and other include:
programmes will be considered where
EFL is offered as an ancillary subject. »» specific academic and pastoral
Institutions wishing to be considered requirements of mature overseas
for inspection within these procedures students
should inform the Chief Executive at
»» academic programmes which fall
the time of applying for accreditation or
outside Ofqual guidelines (such as
reaccreditation.
University Foundation Programmes or
IELTS preparation)

»» observance of visa requirements

»» advice on entry to higher education.

2.6.3 The extent of the inspection and the size


of the inspection team will be dependent
on the extent to which the section 162a
criteria involve an assessment of the
institution’s full provision.

18
19
3. Accreditation Processes
3.1 The Period of Accreditation 20
3.2 New Applications for Accreditation 20
3.3 Continuing Accreditation 24

3.1 The Period of 3.2 New Applications for


Accreditation Accreditation
3.1.1 Accreditation will normally be awarded 3.2.1 Institutions considering an application
for a period of four years, during which for accreditation should download the
time institutions will receive an interim Accreditation Handbook, the Guide to
inspection. A full re-inspection will Accreditation and an application form
take place before the end of the period, from the BAC website. Hard copies of
unless the Accreditation Committee has these documents are also available for free
agreed exceptionally to an extension as a pack from the BAC office.
of the accreditation period. This will
normally only be on the grounds of an 3.2.2 BAC’s initial inspection procedure for new
impending major change to premises, applicants has two main purposes:
management or academic programme. If
»» to allow for a thorough assessment of
an institution fails to respond to requests
applicants
for re-application documents and to agree
to a re-inspection within the accreditation »» to provide a filtering mechanism which
period, the Committee may determine that identifies elements which might prevent
its accreditation has lapsed. the award of accreditation, so enabling
institutions to avoid the cost of a full
3.1.2 The Committee may decide that it would inspection until they have rectified them.
be appropriate to award accreditation for Please note that not all deficiencies can
an initial period shorter than four years. be identified at this stage. An inspection is
This will normally only occur where the required to assess the provision in full.
institution is anticipating or has recently
experienced a major change in its 3.2.3 There are three stages in the inspection
provision or is allowed a period to address process:
an identified deficiency before a decision
»» Stage 1: scrutiny of documentation
is taken on accreditation for the full four-
year period. Under these circumstances, »» Stage 2: inspection of a new institution,
the Accreditation Committee will require focusing upon compliance with statutory
an early interim inspection to enable it to requirements and BAC’s minimum
determine whether accreditation should standards. If the outcome is favourable,
be extended for the normal full period or an institution will become an “approved
whether it would be appropriate to require candidate for BAC accreditation” for
a further full inspection before the end of a period of up to six months. UKBA
the initial period of accreditation. will accept this as qualifying the new
institution to be considered for a licence as
an immigration sponsor (see Section 2.2),
provided that it has been operating for
fewer than 18 months.
20
»» Stage 3: inspection focusing on the an inspection.
educational provision and the institution’s
»» This will normally be a one-day inspection,
procedures to monitor and enhance the
although this may vary according to the
quality of its provision. Full accreditation
size of the institution or the number of
may be awarded after this stage.
sites at which it operates.
This procedure will be normal for all
»» A deposit will be required. If the
newly established colleges, although
institution cancels the inspection at a
where a college is clearly well established
time which results in unrecoverable costs
it may be acceptable to combine stages
(such as travel tickets, hotel bookings or
2 and 3 as a single full inspection. Please
compensation to inspectors), these costs
note that BAC will make the final decision
will be offset against the deposit; otherwise
as to whether separate or combined stages
the deposit will be set against the full costs
2 and 3 inspections will take place.
of the inspection. Furthermore, should
less than two weeks’ notice be given
3.2.4 In more detail, the stages are as follows:
of cancellation or postponement, BAC
will charge £75 per inspector per day in
Stage 1: addition to any other unrecoverable costs.

»» Each institution wishing to apply for »» The inspection will concentrate


accreditation will submit an application on premises and health and safety,
form and required supporting management, staffing and administration,
documentation (see Section 6). and student welfare (see Sections 5.1 to
5.3 below), as well as making an initial
»» A formal evaluation process will be
assessment of academic resources in
undertaken by BAC staff, with further
the light of the institution’s advertised
investigation through Companies House,
academic programme. It will not normally
bank and personal references, and scrutiny
involve classroom observation.
of websites and other publicity material.
»» If the institution offers its own awards or
»» Institutions will be contacted if the
overseas qualifications, the inspection will
required documentation is incomplete, if
include an assessment of whether these
there are discrepancies in the information,
meet UKBA’s requirements (see 2.2.5 and
or if elements of the provision do not meet
Appendix G).
BAC’s requirements.
»» The inspection report will be evaluated
»» There will be no further progress until
by a sub-committee of the Accreditation
these matters have been satisfactorily
Committee. The sub-committee can
resolved.
make one of three decisions: award
»» A non-refundable fee is required. the “approved candidate for BAC
accreditation” status, defer a decision
»» Applications will remain live for up to six for up to six months until a number of
months. Should the application not be requirements have been met, or refuse to
considered complete within this period a accredit. If successful, institutions will be
new submission will be required. awarded “approved candidate for BAC
accreditation” status for a limited period
Stage 2 (normally not more than six months).

»» The institution will be contacted to »» If a decision is deferred, the sub-committee


arrange a date for an inspection. It should will require that, within six months, the
be noted that BAC is required to give its institution provides documentary evidence
inspectors at least three weeks’ notice of of action taken in response to concerns

21
expressed in the inspection report, and/ decisions: award accreditation for a
or require a supplementary inspection to designated period, defer a decision
be undertaken at the institution’s expense for up to six months until a number of
before “approved candidate for BAC requirements have been met, or withdraw/
accreditation” status is awarded. refuse accreditation.

»» If an institution is not awarded “approved »» If successful, accreditation will normally


candidate for BAC accreditation” status, it be awarded for the remainder of the four-
will be given the reasons for the decision, year period.
and will have the right to appeal and
»» If the Committee does not consider
require the report to be reviewed by a full
it appropriate to award accreditation
meeting of the Accreditation Committee.
for the full period, it may extend the
»» While institutions which are refused institution’s “approved candidate for BAC
accreditation are free to re-apply, BAC accreditation” status for a shorter period
reserves the right to set a minimum time (not normally more than six months) to
period which must elapse before a re- allow the institution to respond to the
application can be accepted. matters of concern expressed in the report,
and will require a further inspection at the
»» An inspection fee will be charged, and
institution’s expense before taking a final
the outcome of the assessment of the
decision.
institution will not be released until the fee
has been received. »» Alternatively, the Committee may
determine that accreditation should be
withdrawn. In this event, the institution
Stage 3:
will have the right to appeal (see Section
»» The institution will be contacted to arrange 8).
a date for a further inspection. Failure
»» As stated above, while institutions which
on the part of the institution to agree a
are refused accreditation are free to
date within the stated period of initial
re-apply, BAC reserves the right to set a
accreditation will lead to its “approved
minimum time period which must elapse
candidate for BAC accreditation” status
before a re-application can be accepted.
lapsing unless, exceptionally, the
Accreditation Committee agrees to allow »» An inspection fee will be charged, and
an extension. the outcome of the assessment of the
institution will not be released until the fee
»» The inspection will focus on academic
has been received.
matters and quality management (see
Sections 5.4. and 5.5 below), but will also
involve a spot check of statutory matters Combined stageS 2 and 3 inspections:
covered in stage 2 and of any other issues
»» When an institution has been operating
of concern expressed in the stage 2 report.
for 12 months or more, BAC will normally
»» The size of the inspection team will consider it most appropriate to conduct a
depend on the size and diversity of the combined stages 2 and 3 inspection.
academic programme, but will normally
»» A deposit will be required. If the
involve at least two inspectors.
institution cancels the inspection at a
»» The inspection report will be considered time which results in unrecoverable costs
by BAC’s Accreditation Committee. (such as travel tickets, hotel bookings or
The Committee can make one of three compensation to inspectors), these costs

22
will be offset against the deposit; otherwise to accredited colleges at any time (see
the deposit will be set against the full costs Section 2.1.3 above). If either the interim
of the inspection. Furthermore, should inspection or a spot check provides reason
less than two weeks’ notice be given to believe that the standards observed at
of cancellation or postponement, BAC the full inspection are no longer being
will charge £75 per inspector per day in maintained, the Accreditation Committee
addition to any other unrecoverable costs. may require a further inspection to be
undertaken at the institution’s expense and
»» The inspection will focus on the five areas
may determine to suspend accreditation
detailed in Section 5.
until the inspection report has been
»» The size of the inspection team will received.
depend on the size and diversity of the
3.2.6 While BAC is not able to provide any
academic programme, but will normally
guarantee regarding the length of time
involve two inspectors over two days.
taken following receipt of an application
»» The Committee can make one of three to the institution receiving notification of a
decisions: award accreditation, defer decision, the following should be borne in
a decision for up to six months until a mind:
number of requirements have been met, or
»» applications will be acknowledged on
refuse accreditation.
receipt. The application will normally
»» If successful, accreditation is normally be reviewed within four weeks. Should
awarded for a four-year period. documents be missing or clarification
required the BAC office will contact the
»» If a decision is deferred, the Committee
institution; this will cause delay
will require the institution to provide
documentary evidence of action taken »» complete applications are considered by
in response to the report requirements the Chief Inspector and a decision on the
and/or a supplementary inspection to be size and composition of the inspection
undertaken at the institution’s expense. team made

»» If accreditation is refused, the reasons »» once an application has been signed off by
will be clearly explained in the inspection the Chief Inspector, the institution will be
report. The institution will have the right to asked to suggest suitable inspection dates.
appeal against the decision (see Section 8). The inspection should be conducted on
days when the largest sample of teaching
»» As stated above, while institutions which
(assuming the inspection will be stage 3 or
are refused accreditation are free to
stages 2 and 3 combined) can be observed.
re-apply, BAC reserves the right to set a
BAC is required to give its inspectors at
minimum time period which must elapse
least three weeks’ notice of an inspection
before a re-application can be accepted.
»» following the inspection, BAC expects to
»» An inspection fee will be charged, and
receive the report within two weeks. This is
the outcome of the assessment of the
reviewed in the office before being sent to
institution will not be released until the fee
the Accreditation Committee at least two
has been received.
weeks prior to the next meeting

3.2.5 All newly accredited institutions will »» the Accreditation Committee meets at least
receive an interim inspection within twelve six times a year. An institution will receive
months of the award of accreditation, notification of the Committee’s decision in
following stage 3 of these procedures. writing in the five working days following
BAC also reserves the right to make the meeting.
unannounced spot check inspections

23
3.3 Continuing institution
Accreditation »» a declaration that the institution meets
statutory requirements in respect of
3.3.1 As a condition of continuing accreditation,
students subject to visa requirements. If, at
institutions are required to meet a
a future stage, the Accreditation Committee
number of requirements. Failure to
considers there to be convincing evidence
meet these requirements may lead the
that this was not the case, BAC may
Accreditation Committee to order a spot
withdraw accreditation immediately
check inspection to the institution at the
institution’s expense or, after due warning, »» a declaration that the institution is
to suspend or withdraw accreditation. happy for information to be shared with
regulatory bodies, QAA, Open University
3.3.2 Annual return Validation Services, the British Council
or any other UKBA-approved accrediting
»» Accredited institutions are required to
body, in pursuit of their proper monitoring
submit an annual return by 1 November
objectives.
each year and to alert BAC to any
significant changes which may affect
3.3.3 Interim Inspections
the standards of provision offered by the
institution. Where significant changes Except in the case of newly accredited
have occurred, a BAC representative institutions, which normally receive an interim
may inspect the institution and prepare a inspection within 12 months of accreditation,
report for the Accreditation Committee. an interim inspection will be arranged during
The return will include the following the second year after each full inspection.
information: The Accreditation Committee may require
an earlier inspection to be made in the light
»» a declaration of financial viability by the
of reported concerns or significant changes.
principal/director (the return should be
The interim inspection is designed to ensure
accompanied by the most recent statutory
that the standards required for accreditation
accounts)
are being maintained and to provide an
»» details of any significant changes in the opportunity to discuss any changes which
ownership, management, location or have taken place since the full inspection
academic programme. BAC may require a or which are in prospect, including the
personal reference for a newly appointed institution’s response to the recommendations
principal/director or requirements of the most recent inspection
report. The interim inspection will include an
»» details of courses offered in the previous
examination of the institution’s observance of
year, including numbers enrolled on each
visa and other statutory requirements where
course, cohort progression, numbers
these are relevant. Any areas of concern will
completing and pass rates in any
be reported to the Accreditation Committee
examinations taken
and this may, in extreme cases, lead to a
»» a list of courses offered in the current further inspection at the institution’s expense
academic year, including the level of as a condition of continuing accreditation,
the course in relation to the National or to the suspension or withdrawal of
Qualifications Framework and the name of accreditation.
the awarding body
3.3.4 Re-inspections
»» an outline of planned developments
3.3.4.1 All institutions are subject to full
»» details of any litigation involving the
re-inspection every four years. Accreditation

24
may be extended for a period, normally of of recommendations for consideration by the
no more than one year, if the Accreditation institution. In some cases, BAC may defer the
Committee believes that there are grounds award of accreditation or reaccreditation,
to postpone the inspection. These would pending confirmation from the institution that
normally involve significant changes which specific deficiencies have been rectified or
were planned or had recently taken place. may award accreditation for a period shorter
The procedure for the inspection will be: than the normal four years. BAC may then
require a further inspection at the institution’s
»» submission of an application form and
own expense before reaccreditation for the
required documentation
full period is awarded. Accreditation would
»» payment of a deposit. If the institution continue during a period of deferral.
cancels the inspection at a time which
results in unrecoverable costs (such 3.3.4.4 Unsatisfactory Grades
as travel tickets, hotel bookings or
Where an unsatisfactory grade has been
compensation to inspectors), these
awarded by the inspectors for any of the
costs will be offset against the deposit;
five areas assessed during the inspection but
otherwise the deposit will be set
accreditation has, nevertheless, been awarded,
against the full costs of the inspection.
the Chief Executive will warn the institution
Furthermore, should less than two
that, if the same grade is awarded at the next
weeks’ notice be given of cancellation or
inspection, reaccreditation is likely to be
postponement, BAC will charge £75 per
deferred and possibly withdrawn.
inspector per day in addition to any other
unrecoverable costs

»» a full inspection, led by a reporting


inspector. This will normally involve
a minimum of two inspectors, but the
number of inspectors and the length of
the inspection will depend on the size
of the institution and the diversity of its
operation.

3.3.4.2 Accreditation Committee

Following inspections, the inspection report


will be considered by the Accreditation
Committee, which will make the decision, on
behalf of the Council, on whether to award
continuing accreditation. The Chief Executive
will inform the institution of the Committee’s
decision and will send the principal/
director a copy of the report, together with
an accreditation certificate if continuing
accreditation has been awarded.

3.3.4.3 Recommendations and


requirements

The report will normally contain a number

25
4. Inspection Procedures
ORGANISATION
4.1 - 4.2 Inspection team 26
4.3 - 4.5 Preparing for an Inspection 26
4.6 - 4.7 Scope of the Inspection 27

inspection team asked to provide a suggested timetable


of meetings with key personnel, together
4.1 Except in the case of some institutions with a full timetable for classes taking
being considered under stage 2 of the place during the inspection. The RI will
procedures for new applicants (see take these into account when allocating
Section 3.2.4 above), and some small the inspection team’s time. However, the
institutions undergoing a stages 2 and 3 RI will be responsible for producing the
combined inspection, BAC will appoint at inspection timetable to ensure it accords
least two inspectors for each inspection, with other commitments and meets the
one of whom will be the reporting needs of the inspection team.
inspector (RI) who will be responsible for
determining the schedule of the inspection 4.5 BAC reserves the right to cancel the
and for producing the final report for inspection or change the date or inspectors
consideration by the Accreditation prior to the commencement of the
Committee. inspection. Please note that BAC would
only make such changes once all other
4.2 BAC’s inspectors are required to sign options had been exhausted and where it
a declaration identifying any potential would be impossible or detrimental to go
conflicts of interest. They are required ahead with the inspection as planned. If
to observe confidentiality as to both the the institution gives less than two weeks’
process and the outcome of an inspection. notice of cancellation or changes to the
Institutions will be informed before the date of the inspection, it is liable to pay
inspection of the names of the inspectors. a fixed fee of £75 per inspector, per day
to cover inspectors’ cancellation fees and
administration costs, as well as any further
PREPARING FOR AN
costs already incurred by inspectors, e.g.
INSPECTION travel costs, hotel bookings, etc. If the
institution gives more than two weeks’
4.3 Institutions are asked to inform staff
notice of cancellation or changes to
that an inspection is taking place and,
the date of the inspection, there is no
if possible, to arrange an initial meeting
cancellation fee, but the institution is
with staff so that inspectors can introduce
liable for any costs already incurred by the
themselves and describe what will be
inspectors.
taking place.

4.4 It will be the inspectors’ intention to


avoid disruption of the institution’s normal
activities as far as possible during the
inspection. The institution is therefore

26
Scope of the inspection marked student work

»» a detailed survey of the library and


4.6 The purpose of the inspection is not only
other academic resources
to assess what can be observed during
the days of the inspection, but also »» a meeting with a representative group
to consider evidence that satisfactory of students
standards are likely to be maintained in
the longer term. Some of this assessment »» observation of a representative sample
will be based on documentation supplied of classes. Where possible, inspectors
before the inspection, enabling the will offer their informal comments to
RI to identify areas central to quality staff members after the observation
management which will be explored in
»» a final meeting with the principal/
later interviews with key staff. These are
director to give an informal report on
likely to include:
the findings of the inspection. This
»» the quality and stability of the will not indicate whether the outcome
academic and managerial staff will lead to the accreditation of the
institution, since the final decision
»» the procedures established by the on this lies entirely with BAC’s
institution to monitor student progress Accreditation Committee.
and attendance and to respond to
apparent underperformance

»» the institution’s response to comments


made by external examiners or
moderators

»» the institution’s procedures for staff


development and appraisal

»» any other procedures established by


the institution to monitor and enhance
its performance.

4.7 While the exact nature of an inspection


is likely to vary according to the size and
complexity of the academic programme,
there are elements which are common to
all inspections:

»» introductory meeting with staff (at least


members of the management team)

»» an initial tour of the institution

»» individual meetings with key academic


and managerial staff

»» a study of a representative sample of

27
5. Inspection Procedures
ASSESSMENT
Introduction 28
5.1 Premises and Health and Safety 30
5.2 Management, Staffing and Administration 32
5.3 Student Welfare 34
5.4 Teaching, Learning and Assessment 36
5.5 Management of Quality 38
5.6 Non-collegiate Accreditation 40

Introduction These grades are removed from inspection reports


before they are sent to colleges, but are used in
This section is intended to enable institutions to the Accreditation Committee’s decision-making
gain a clearer understanding of the likely scope of process.
an inspection and of the specific items assessed
by BAC’s inspectors. Institutions are encouraged to The grades awarded are based on the following
use this section as a basis for self-evaluation ahead definitions:
of the inspection itself. In addition to meeting
BAC’s own requirements, accredited institutions A: Very good level of provision
are required to satisfy BAC inspectors that they
B: Good level of provision with a number of
fully observe statutory requirements in areas
significant strengths
such as health and safety, employment, copyright
protection, equal opportunities, observance of visa
C: Satisfactory level of all-round provision
regulations and child protection. Accreditation will
not be awarded to institutions which fail to meet D: Provision which generally meets the
these requirements. requirements for accreditation, but has
a number of weaknesses which must be
The areas assessed by BAC’s inspectors are
remedied in the immediate future as a
grouped under five headings, and, at the end of an
condition of accreditation
inspection, the inspectors will allocate a grade to
each section: E: Unsatisfactory provision because of
significant weaknesses or breach of statutory
»» premises and health and safety
regulations
»» management, staffing and
F: Unacceptable level of provision,
administration
with serious identified deficiencies and
»» student welfare weaknesses

»» teaching, learning and assessment These grades are used in the Accreditation
Committee’s decision-making process as follows:
»» management of quality
»» As a minimum, institutions are
required to gain at least a C grade
28
in each of the five sections if they are members with responsibility for the areas indicated,
to receive unqualified accreditation for it will be assumed that the principal/director or
the full period of four years. Where an nominated head of the institution fulfils the roles.
institution fails to achieve this level, the
Accreditation Committee may award Sections 5.1, 5.2 and 5.3 will form the basis of the
accreditation for a period of less than the inspection required as stage 2 of the assessment of
full four years, may defer a decision on new applicants for accreditation who have yet to enrol
accreditation until the institution has had students; sections 5.4 and 5.5 will form the basis of
time to address the identified weaknesses, the stage 3 inspection, although this stage will also
may refuse to award accreditation to a involve some spot checking of items inspected at
new applicant or withdraw or suspend the stage 2. Detailed notes on the interpretation of the
accreditation of an institution which had minimum requirements can be found in BAC’s Guide
previously been accredited. to Accreditation.

»» A college which fails to receive a C or


higher grade for any section, but still
receives accreditation, will be warned
that accreditation is unlikely to be granted
after the next inspection unless a C grade
(or better) is awarded for that section.

»» The award of an E or F grade for any


section or a D grade for management
of quality or teaching, learning and
assessment will normally lead to the
refusal or withdrawal of accreditation.
However, the Accreditation Committee
may defer a decision on accreditation
for a stated period, during which time
the institution will be required to rectify
the specific deficiencies identified by
the inspectors. Should these matters
not be addressed then it is likely that
accreditation will be withdrawn or
refused.

Failure to meet the minimum requirements listed at


the beginning of each section will mean that it is
very likely that a grade of D, E or F will be awarded.
Detailed descriptions of the areas included in the five
sections follow.

As well as the list of minimum requirements,


each section includes a list of documents which
the inspectors will wish to see as part of their
evaluation. Some of these must be included with
the initial application form; others should be made
available during the inspection. Section 6 sets out
the requirements in detail. Each section also lists the
staff who should be available for interview on topics
relevant to that section, although it is accepted that
some may be unavoidably absent. If there are no staff

29
5.1 Premises and Health and Safety

Minimum requirements
BAC’s inspectors must be satisfied that:

»» The institution has secure tenure on its premises


»» The premises provide a safe and clean environment for students and staff
»» Statutory requirements in relation to fire, health and safety are met
»» Classrooms provide adequate accommodation for the class sizes allocated to them
»» Classrooms, laboratories and any other specialised areas are equipped to a level which allows for the
efficient delivery of the academic programme
»» There are specific safety rules in areas of particular hazard (in Science laboratories, for instance), and
that these are made readily available to students and staff

Documentation required Staff to be interviewed


(where relevant) during inspection of this section during inspection of this section

»» Health and safety declaration by the »» Principal


principal/director or owner
»» Nominated safety officer
»» Health and safety poster in each of the
»» Safety officer for areas of hazard
premises occupied
»» First aiders
»» Health and safety policy
»» Maintenance/facilities manager
»» General and fire risk assessment and
evidence of action taken to respond to
recommendations

»» Certification of first aiders

»» Safety rules applicable to areas of hazard

»» Class registers

»» A floor plan of each site being inspected,


with a guide to the location of offices and
classrooms

30
Areas Assessed 5.1.4 Academic facilities
»» Classrooms
5.1.1 General
»» IT facilities
»» Tenure
»» Specialised areas (laboratories,
»» External: location, signage, workshops etc)
building
»» Quiet study areas
»» Security
»» Standard of maintenance and 5.1.5 External Premises
cleanliness (if used)
»» Heating and ventilation »» Academic
»» Circulation space »» Non-academic
»» Reception area »» Transport arrangements
»» Signposting
5.1.6 Health and Safety
»» Noticeboards
See Appendix B
»» Toilets
»» Fire precautions
»» Fire risk assessment
5.1.2 Student Facilities
»» General risk assessment
»» Storage (lockers etc)
»» First aid
»» Common room
»» Areas of particular hazard
»» Cafeteria
»» Health and safety policy
»» Access to IT
»» Health and safety management
»» Recreation areas
(general risk assessment, H&S
committee etc.)
5.1.3 Staff Facilities
»» Staff room
»» Work space
»» Access to IT
»» Individual offices: senior
management, academic staff
»» Administrative offices

31
5.2 Management, Staffing and administration

Minimum Requirements
BAC’s inspectors must be satisfied that:

»» The institution is effectively managed


»» The administration of the institution is effective
»» Statutory requirements in relation to employment are met
»» Statutory duties in relation to equalities and non-discrimination are enforced across the full range of
the institution’s provision
»» Staff have an appropriate level of experience and qualifications
»» Attendance and punctuality are recorded and monitored
»» The institution complies with UKBA requirements
»» Entry requirements for each course are clearly stated and institutions take reasonable steps to ensure
that students accepted for enrolment meet these requirements
»» There are satisfactory procedures for the administration of examinations and other means of
assessment
»» Publicity material gives a comprehensive and accurate description of the institution and its academic
programme
»» There is no breach of copyright regulations
»» The institution complies with the requirements of the Data Protection Act 2003

Documentation required
(where relevant) during inspection of this section

»» Organogram or outline description of the »» Sample contracts for academic and non-
management structure academic staff

»» CVs for all senior staff »» Employers’ liability insurance certificate

»» Evidence of academic staff qualifications »» Minutes of staff meetings

»» Timetables for all classes »» Copies of prospectuses and other publicity


material
»» Class registers
»» Student application forms
»» A full list of students currently enrolled
in the institution, giving dates of birth »» Course descriptions
and identifying those subject to visa
»» Briefing materials for agents
requirements
»» CLA licence
»» Correspondence with students and UKBA
concerning attendance »» Details of any current or pending litigation
relevant to accreditation

32
Areas Assessed 5.2.5 Employment
See Appendix C
5.2.1 Senior Management »» Contracts
»» Role of owners, trustees, governing »» Disciplinary and Grievance
body etc. procedures
»» Management structure »» Staff records
»» Principal »» Employers’ Liability insurance
»» Other senior managers 5.2.6 EQUALITIES AND
»» Effectiveness of management NON-DISCRIMINATION

»» Communication with non-senior staff »» Equal treatment policy

»» Monitoring arrangements
5.2.2 Academic Staff
»» Appointment procedures »» Procedures for students, staff and
others to raise complaints about equal
»» Verification of qualifications treatment issues
»» Appropriateness of qualifications
and experience in the context of 5.2.7 Registration
programmes offered
»» Response to enquiries
»» Balance between full-time and part-
time »» Application Form
»» Staff turnover »» Statement of entry requirements
»» Verification of student qualifications
5.2.3 Academic Management
»» Briefing of agents
»» Student attendance and punctuality
»» Timetabling and room allocation 5.2.8 Publicity
See Appendix A
»» Visa requirements
»» Prospectuses
»» Procedures for the acquisition of
academic resources »» Website
»» Subject/area management »» Other material
»» Examination administration
5.2.9 Copyright
See Appendix F
5.2.4 Administrative Staff
»» CLA licence
»» Structure, size and effectiveness of
administration »» Observance of copyright restrictions

Staff to be interviewed
during inspection of this section

»» Principal »» Examinations officer


»» Academic managers »» Marketing manager
»» Senior administrator

33
5.3 Student Welfare

Minimum Requirements
BAC’s inspectors must be satisfied that:

»» Students receive an appropriate level of pastoral support, taking into account factors such as their
age, abode and countries of origin
»» Specifically in the case of students from overseas, the institution provides an appropriate level of
advice and assistance
»» Where there are students under the age of 18 or vulnerable adults, the institution meets the
requirements of the Child Protection Act 1999, the Education Act 2002 and the Safeguarding
Vulnerable Groups Act 2006, in relation to checks on the employment of staff
»» Where the institution enrols students with special needs, an appropriate level of support or
provision is available, and that the institution has responded to the requirements of the Disability
Discrimination Acts 1995 and 2005
»» If the institution offers residential accommodation, it is clean, safe and open to inspection by the
appropriate authorities and that a level of supervision is provided appropriate to the needs of the
students
»» If the institution organises homestay accommodation for students, it is inspected before students are
placed and is subject to regular re-inspection

Documentation required Staff to be interviewed


(where relevant) during inspection of this section during inspection of this section

»» Student induction packs »» Accommodation and welfare officer

»» Criminal Records Bureau disclosure »» Residential staff


records
»» Staff responsible for any social or sporting
»» Child protection policy provision

»» Rules relating to residential »» Meeting with representative group of


accommodation students

»» Commission for Social Care


Inspectorate/Ofsted report on residential
accommodation

»» Advice to homestay students and providers

»» Records of homestay inspections

»» Disability strategy

34
Areas Assessed 5.3.4 Residential Accommodation:
See Appendix D, 4
5.3.1 General: »» Inspection by Ofsted or other
regulatory body
»» Qualifications and experience of staff
dealing with student welfare »» Standard of accommodation
»» Pre- and post-arrival advice and »» Rules and supervision
induction
»» Fire and safety
»» Out-of-hours contact
»» Advice and counselling 5.3.5 Homestay:
See Appendix D, 5
5.3.2 Overseas Students: »» Selection of providers
»» Pre-arrival information »» Advice to providers
»» Advice on living in UK »» Advice to students
»» Registration for NHS treatment »» Monitoring and troubleshooting
»» Help with banking, travel cards etc. »» Travel
»» Police registration and visa renewals
5.3.6 Social Programme:
»» A
ccess to speakers of their own first
language »» Responsiveness to student needs/
wishes
»» Awareness of cultural/religious issues
»» Costs
»» Policies to avoid discrimination

5.3.7 Special Needs:


5.3.3 Child Protection:
See Appendix D, 1 »» Academic support for dyslexia etc
»» CRB disclosure »» D
isability
See Appendix E
»» Child protection policy

5.3.8 Student Opinion:


»» R
eport of meeting with representative
student group

35
5.4 TEACHING, LEARNING AND ASSESSMENT

Minimum requirements:
BAC’s inspectors must be satisfied that:

»» The courses are planned and delivered in ways which offer students a reasonable chance of success
»» Teachers have an acceptable level of subject knowledge and pedagogic skills
»» Teachers respond to the individual learning needs of students
»» Students are enabled to prepare for target examinations
»» Students receive quality feedback on their performance and progress
»» Students have reasonable access to appropriate resources for study either within the institution or
externally
»» There is appropriate provision of advice for students going on to employment or higher/further
education

Documentation required Staff to be interviewed


(where relevant) during inspection of this section during inspection of this section

»» Student application forms »» Principal


»» Course descriptions »» Academic managers (e.g. Academic
»» Briefing materials for agents Vice-Principal, Director of Studies,
Heads of Department)
»» Student files
»» Registrar/admissions secretary
»» Sample placement tests
»» Records of student progress and completion
»» Records of examination results
»» Documents relating to external moderation
»» Copies of agreements with awarding bodies
»» Student feedback material
»» Staff appraisal procedures
»» Student Handbook
»» Staff Handbook
»» Internal quality assurance documentation
»» External quality assurance documentation
(ISO, IIP etc.)

36
Areas Assessed 5.4.4 Learning Materials:
»» Wallcharts or other classroom material
5.4.1 Curriculum:
»» Audio-visual materials and handouts
»» Planning in the classroom
»» Coordination »» Textbooks or course materials
»» Definition/awareness of learning »» Use of classroom resources
outcomes
»» Independent study resources within
»» Assessment institution
»» Secondary material »» External study resources
»» Monitoring and coordination of
coursework delivery 5.4.5 Ancillary Programmes:
»» English language
5.4.2 Effectiveness of Teaching:
»» Study skills
»» Lesson plans
»» Independent learning
»» Lesson delivery
»» Responsiveness to lack of 5.4.6 Higher Education and Careers
understanding on part of students Advice:
»» Responsiveness to needs of non-native »» UCAS guidance
speakers
»» Specific subject areas (e.g. medicine,
»» Command of subject dentistry)
»» Focus on learning outcomes
»» Disruptive behaviour
»» Involvement of all students in active
participation
»» Assessment
»» Staff availability outside the classroom

5.4.3 Written Assignments:


»» Policy on setting written work
»» Effectiveness of marking
»» Feedback on written work
»» Plagiarism policy and procedures

37
5.5 management of quality

Minimum Requirements:
BAC’s inspectors must be satisfied that:

»» The institution has effective systems to monitor its own standards


»» Students are adequately briefed on the nature and requirements of the courses for which they enrol
»» Student progress is effectively monitored, and that the monitoring is linked to procedures to allow for
prompt intervention where appropriate
»» The institution has a means of assessing the views of students and clients
»» Students have access to a fair complaints procedure
»» In the case of internal awards, there is a clear statement of the NQF level claimed and evidence that
students who received the award meet the stated requirements for that level
»» Students have the means of appealing against assessment marks or grades in the case of internal
awards
»» The requirements of the Education Reform Act 1988 in relation to the offer or award of degrees are
fully observed
»» Where programmes lead to the award of a degree, the awarding body itself is nationally accredited
or, in the case of US degrees, accredited by a body recognised by the Council for Higher Education
Accreditation (www.chea.org)

Documentation required Staff to be interviewed


(where relevant) during inspection of this section during inspection of this section

»» Timetables »» Teachers

»» Course descriptions »» Academic managers

»» Course plans »» Staff responsible for careers/UCAS advice

»» Lesson plans »» Librarian

»» Samples of marked student work

38
Areas Assessed External Awards:

»» E vidence of relationship with


5.5.1 Student Enrolment
awarding body
»» Course descriptions »» Evidence that the awards meet UKBA
»» S tatement of entry requirements/ requirements (if available to visa
criteria students)
»» P
re-enrolment interviews or other »» Moderation by awarding body
form of communication »» I n the case of degree programmes,
»» Testing on arrival status of awarding body
»» Policy on deposits/refunds »» O
bservance of requirements of the
Education Reform Act 1988
»» R
emedial action if enrolment proves
inappropriate
5.5.4 Student Feedback:
5.5.2 Student progress and assessment: »» Questionnaires
»» P
olicy on testing or other assessment »» Student representation
procedures during a course »» Access to senior management
»» Target setting »» Responsiveness of senior management
»» M
onitoring of progress by »» Complaints procedures
management
»» P
ersonal tutoring or other academic
5.5.5 Staff Appraisal and Development:
support
»» Induction of new staff
»» A
ction if a student is not making
progress »» Classroom observation
»» Progress and completion rates »» Staff appraisal
»» E xamination results: analysis year-on- »» Staff development
year or against comparators
5.5.6 Quality Assurance:
5.5.3 Internal Awards
»» Internal policies
»» R
ationale for the award (rather than an
»» External awards (ISO, IIP etc.)
external award)
»» Course description
Please note: BAC is sometimes asked to
»» S tated levels and assessment share information about certain aspects
methodology of the programmes of accredited colleges
»» Evidence that the awards meet UKBA with the Quality Assurance Agency,
requirements (if available to visa Open University Validation Services, the
students) British Council and other accrediting
bodies approved by UKBA. It is a
»» External moderation condition of accreditation that colleges
»» Completion rates give permission to BAC to respond to
reasonable requests from these bodies.
»» Course evaluation

39
5.6 Non-collegiate
accreditation
5.6.1 Institutional accreditation is not applicable to all
education providers. Non-collegiate accreditation
is available to providers offering normally very
short courses, usually from a variety of different
premises, at limited points in the year. Non-
collegiate accreditation is awarded in respect of
a specified range of courses. The definition of this
range will be a matter of agreement between BAC
and the organisation at the time of application.
The final decision as to whether institutional or
non-collegiate accreditation applies to the provider
rests with BAC.

5.6.2 Inspectors will not expect to observe all of the


support services appropriate to a school with long-
term or full-time students, except where these are
relevant to the courses and students involved. In
determining which criteria are appropriate, the
inspectors will expect the organisation itself to be
clear about what it is setting out to do, in terms
of both the nature and requirements of its clients
and of the educational outcomes which it hopes to
achieve.

5.6.3 Inspectors will be likely to concentrate on two


major aspects:

5.6.3.1 The delivery and management of a sample range of


courses. Many of the criteria set out in Section 5.4
Teaching, Learning and Assessment will be relevant.

5.6.3.2 The extent to which the organisation has established


procedures which give a satisfactory guarantee that
acceptable standards will be maintained across
the full range of recognised courses for the period
of accreditation. Inspectors will look in particular
at the standards which the organisation applies,
for instance, in appointing and briefing teachers
or selecting premises, and at the means by which
teaching and other aspects of course delivery are
evaluated. Where appropriate, inspectors will also
expect to see evidence from earlier courses in order
to evaluate the standards attained. Accordingly,
before proceeding to inspection, organisations
are strongly advised to appraise their quality
management systems and ensure that the systems
which are in place are adequately documented.

40
41
6. Supporting Documentation
REQUIRED FOR INSPECTION
6.1 Pre-Inspection Documentation 42
6.2 Documentation Required for Scrutiny during the Inspection 42

6.1 Pre-inspection »» Incident/accident book


Documentation
6.2.4 Management, staffing and
In addition to completing the application administration
form, institutions are required to submit
»» Detailed CVs for all academic staff,
certain documentation before the inspection.
including evidence of academic
For further details on this, please see the
qualifications
application form, which can be downloaded
from BAC’s website. Failure to provide the »» Correspondence with students and
required documentation may lead to the UKBA concerning attendance
deferral or cancellation of the inspection,
or may require inspectors to be on-site for a »» Sample contracts for academic and
longer period, so increasing the cost of the non-academic staff
inspection.
»» Employers’ liability insurance
certificate
6.2 Documentation
»» Minutes of staff meetings
required for scrutiny
during the inspection »» Student application forms

6.2.1 Institutional documentation »» Copies of prospectuses and other


publicity material
»» Lease agreement, if premises are
leased »» CLA licence

6.2.2 General »» Data protection registration

»» Up-to-date class registers for all 6.2.5 Student welfare


programmes
»» Student induction packs
»» Timetables for all courses offered in
»» CRB disclosure records
the institution
»» Child protection policy
6.2.3 Premises and health and safety
»» Rules relating to residential
»» Health and safety poster
accommodation
»» Health and safety policy
»» CCSCI/Ofsted report on residential
»» Safety rules applicable to areas of accommodation, if applicable
hazard
»» Advice to homestay students and
»» Certification of first aiders providers

42
»» Records of homestay inspections

»» Disability strategy

6.2.6 Teaching, learning and


assessment

»» Course descriptions

»» Course plans

»» Lesson plans

»» Samples of marked student work

6.2.7 Management of quality

»» Course descriptions

»» Briefing materials for agents

»» Student files

»» Sample placement tests

»» Records of student progress

»» Records of examination results

»» Documents relating to external


moderation, including up-to-date
reports

»» Copies of formal agreements with


awarding bodies

»» Copies of formal articulation


agreements with universities

»» Student feedback material

»» Staff appraisal procedures

»» Student handbook

»» Staff handbook

»» Internal quality assurance


documentation

»» External quality assurance


documentation (ISO, IIP etc.)

43
7. Accreditation Committee
7.1 Terms of Reference 44
7.2 Procedures 44
7.3 Membership 45

7.1 Terms of Reference 7.2 Procedures


7.1.1 To monitor and report to the Council on 7.2.1 Three weeks’ notice is required of a
BAC’s accreditation activities. meeting of the Committee.

7.1.2 To keep under review the conditions, 7.2.2 The agenda for each meeting will be sent
standards and criteria required for the out to members at least seven days before
award of accreditation and to make the meeting.
recommendations to the Executive
Committee for ratification by the Council 7.2.3 The quorum shall be at least half of the
where change is considered appropriate. members.

7.1.3 To decide whether accreditation should be 7.2.4 The Committee may exceptionally
granted, deferred, refused, suspended or delegate to its Chairman the authority
withdrawn from an institution. to grant, refuse, withdraw or suspend
accreditation. Such decisions with reasons
will be reported to the next meeting of the
Committee for ratification.

7.2.5 The members of the Committee will elect


one of its members who is also a member
of BAC’s Council to be Deputy Chairman,
to act with the full authority of the
Chairman in his/her absence.

7.2.6 The Committee may delegate to a sub-


committee of its members, chaired by
the Chairman or Deputy Chairman,
the authority to award or refuse the
status of “approved candidate for BAC
accreditation” to new applicants who have
completed stage 2 of the accreditation
process.

7.2.7 The Chairman will report to each meeting


of BAC’s Council on the working of the
Committee.

44
7.3 Membership
The membership of the Committee is:

7.3.1 At least four members of the BAC


Council, one of whom shall be Chairman
of the Committee

7.3.2 At least three persons (who may include


members of Council) with experience
in an institution of further or higher
education, at least one of whom should
have had experience in the independent
further or higher education sectors

7.3.3 A representative of the Accreditation Unit,


British Council

7.3.4 The Chairman of Council (ex officio)

7.3.5 BAC officers (non-voting, in attendance):

»» Chief Executive

»» Head of Inspection Services

»» Chief Inspector

»» Accreditation Manager

»» Communications Manager

45
8. Appeals Procedure
8.1 Right of Appeal 46
8.2 Appeal Framework 46
8.3 Full Appeal 47
8.4 Fast-track Appeal 47
8.5 Institutions Refused after Stage 2 Inspection 48
8.6 Timeline for Full and Fast-track Appeals 49

BAC recognises the importance of enabling withdraw its accreditation may choose one
those institutions for which accreditation has of the procedures described in Sections
been refused or withdrawn to have access 8.3 and 8.4 below. The outcome of the
to a fair and rapid process of appeal. The procedure selected is final.
following procedures will apply:
8.2.4 The notice must make clear the grounds for
the appeal. In particular, it must indicate
8.1 Right of appeal whether the grounds for appeal are:
Following a decision by the Accreditation a) that the Accreditation Committee did not
Committee to refuse or withdraw the have all the relevant information available to it
accreditation of an institution, the Chief at the time, and/or
Executive will, within five working days,
inform the institution of the decision and the b) that the decision was not made in
grounds for it, and advise the institution of its accordance with the procedures or criteria set
right of appeal and of the appeal procedures. out in Accreditation Handbook.

If the grounds of appeal do not fall under either


8.2 Appeal framework of these headings, an explanation must be
provided.
8.2.1 Notice of appeal must be lodged with
the Chief Executive within five working
8.2.5 When notification of the appeal is accepted
days of the date of the letter notifying the
by BAC, the institution will be sent a list
institution of the Accreditation Committee’s
of the individuals who may be asked to
decision. Notification must be received by
adjudicate in the appeal. If the institution
letter, scanned letter or fax. Each working
objects to any of these individuals being
day is held to end at 16:00.
asked to adjudicate, their objections
8.2.2 If the institution has any overdue and rationale should be submitted to the
accreditation or inspection fees Chairman of Council via the BAC within
outstanding, these must be settled before five working days of the list being sent. Any
an appeal can be heard. decision made by the Chairman will be
final.
8.2.3 Within the notice provided, it must be
clearly indicated which appeal route the 8.2.6 If the appeal is unsuccessful, then the
institution wishes to seek. Any institution decision of the Accreditation Committee
seeking to appeal against a decision of the will be carried out in the usual way.
full Accreditation Committee to refuse or Institutions which wish to re-apply for

46
BAC accreditation must make a full new receipt of the notification of appeal. A
application, and must also satisfy BAC that representative of the institution and the
they have met or will shortly meet all the Chairman of the Accreditation Committee
requirements in sections 3.1 and 3.2 of the will have the right to appear to give
inspection report before their application evidence to the Appeals Committee. At
can be considered. the end of the hearing, which will last
no longer than two hours, the Appeals
8.2.7 Only material which was in existence at Committee may make one of three
the time of the inspection or when the decisions:
report was considered by the Accreditation
Committee can be considered at an »» to dismiss the appeal
appeal. Any submission of material which
»» to order a new inspection at BAC’s
was in existence at that time but not
expense
supplied to BAC must be accompanied by
an explanation of why it was not provided »» to instruct the Accreditation Committee
at that time. to award or reinstate accreditation.

8.3.5 The Chairman of the Appeals Committee


8.3 Full Appeal
will make a written report to the
8.3.1 A full appeal will be heard by an Appeals Chairman of Council, setting out the
Committee comprising an independent decision, its grounds and, if appropriate,
Chairman and two members of the BAC recommending changes in the inspection/
Council who were not involved in the accreditation process. The outcome of
original decision. the Appeal will be reported to the next
meeting of the Accreditation Committee
8.3.2 Within 10 working days of the appellant’s for their information.
notice of appeal, the appellant must
submit a statement setting out the 8.3.6 The institution will be informed of the
grounds for the appeal using the headings Appeals Committee’s decision on the day
described in Section 8.2.4 together with of the hearing, and will receive official
any relevant documentation, and a sum of notification of the decision within five
£750 must be deposited into BAC’s bank working days of the hearing.
account. This sum will be refunded if the
8.3.7 Where the appeal is made by an
institution’s appeal is successful.
accredited institution against a decision
8.3.3 The appeal will be based on to suspend or withdraw accreditation,
documentation comprising the accreditation will be maintained during
original application by the institution, the period of appeal.
the inspection report on which the
Accreditation Committee’s decision was 8.4 Fast-track appeal
based, written submissions from the
inspectors who carried out the inspection, 8.4.1 A fast-track appeal will be arbitrated
the material described in Section 8.3.2, by a senior and experienced member
and any other material judged to be of Council who was not involved in the
relevant by BAC. All parties will receive decision of the Accreditation Committee.
the same evidence.
8.4.2 Within five working days of the appellant’s
8.3.4 The Appeals Committee will normally notice of appeal, the appellant must
meet within 20 working days of the submit a statement setting out the grounds

47
for the appeal using the headings described 8.5 Institutions refused
in Section 8.2.4 together with any relevant after stage 2 inspection
documentation.
New applicants for accreditation which are
8.4.3 The appeal will be based on documentation refused accreditation by a sub-committee of the
comprising the original application by the Accreditation Committee after stage 2 of the
institution, the inspection report on which inspection procedure (see Section 3.2.4) may
the decision was based, written submissions require the inspection report and the decision
made by the inspectors who carried out the of the sub-committee to be reviewed by a
inspection, the material described in Section full meeting of the Accreditation Committee.
8.4.2, and any other material judged to be The institution may submit additional
relevant by BAC. documentation relevant to the notified grounds
for the refusal of accreditation, but this must
8.4.4 There will be no right of appearance by be received within five working days of the
the appellant or by the Chairman of the date of the letter notifying the institution of the
Accreditation Committee, although the sub-committee’s decision. The institution will
arbitrator may require the Chairman of the be informed of the date of the next meeting of
Accreditation Committee to respond in the Accreditation Committee in this notification
writing to comments made by the appellant. letter.
The arbitrator will make one of three
decisions:

»» to dismiss the appeal

»» to order a new inspection at BAC’s


expense

»» to refer the matter back to the


Accreditation Committee with stated
grounds for a review of the decision.

8.4.5 he review will be held within 10 working


T
days of the receipt of notice of appeal, and
the Chief Executive will inform the appellant
of the outcome within five working days of
the arbitrator’s decision.

8.4.6 he Chairman of Council will be notified of


T
the arbitrator’s decision, at which point the
procedure will be deemed to be exhausted.
The outcome of the Appeal will be reported
to the next meeting of the Accreditation
Committee for their information.

8.4.7 Where the appeal is made by an accredited


institution against a decision to suspend or
withdraw accreditation, accreditation will
be maintained during the period of appeal.

48
8.6 Timeline for full and
fast-track appeals
Appeals made or materials submitted
after 16:00 on the day in question will not
be considered except under exceptional
circumstances.

Dates (in working days) Full appeal procedure Fast-track appeal procedure

Day 0 Notification of withdrawal or refusal Notification of withdrawal or refusal


of accreditation sent of accreditation sent

Day 5 Deadline for appeal notification and Deadline for appeal notification;
receipt of £750 deposit no deposit is required

Dates after appeal Full appeal procedure Fast-track appeal procedure


notification received by BAC
(in working days)

Day 5 Deadline for submission of any Deadline for submission of


objections to potential panel appellant’s grounds of appeal,
members supporting documentation, and any
objections to potential arbitrators
Day 10 Deadline for submission of Deadline for arbitration
appellant’s grounds of appeal and
supporting documentation
Day 15 Appellant receives official
confirmation of the Arbitrator’s
decision
Day 20 Deadline for holding appeal hearing

Day 25 Appellant receives official


confirmation of the Appeals
Committee’s decision

49
9. Complaints Procedure
FOR ACCREDITED INSTITUTIONS
9.1 Consideration of Complaints 50
9.2 Procedures 50
9.3 Exceptions 51
9.4 Complaints from the UK Border Agency (UKBA) 51
9.5 Complaints against BAC 52

This section deals with a) complaints against 9.2.2 The institution against which the
BAC-accredited colleges, and b) complaints complaint is made will be informed of the
against BAC. nature of the complaint and be invited to
respond in writing to the complaint and to
provide copies of relevant documentation.
9.1 Consideration of
It is a condition of accreditation that
complaints
institutions should co-operate with BAC
It is a requirement that all accredited in its attempts to resolve complaints.
providers must have in place an explicit Specifically, institutions should respond
procedure to deal with complaints made to BAC within two weeks, once they have
by students or their representatives. BAC been alerted to the fact that a complaint
will consider complaints against currently has been made against them.
accredited institutions when they concern
alleged failures to comply with BAC’s 9.2.3 BAC’s Chief Executive will make
accreditation criteria. The exceptions to this reasonable attempts to mediate between
rule are set out in 9.3 below. the parties with a view to resolving the
issue, including the offer of arbitration.
However, mediation will only be
9.2 PROCEDURES attempted with the agreement of both
The following procedures will apply: parties, and BAC’s recommendations will
not be binding on either party.
9.2.1 When a complaint is received, BAC’s
9.2.4 If the matter remains unresolved, BAC’s
officers will attempt to resolve the
officers will make a detailed report to the
matter to the mutual satisfaction of
Accreditation Committee.
the complainant and the accredited
institution. The complainant will be
9.2.5 If there are more than three student
asked to provide BAC with full details in
complaints against any one institution
writing of the complaint, together with
investigated by BAC within one year,
copies of relevant documentation, and to
BAC’s officers will make a further detailed
give written authority to BAC to raise the
report to the Accreditation Committee.
matter on his/her behalf. No action will be
The Accreditation Committee may then
taken unless such authorisation is given,
determine on one of the following courses
unless it appears to relate to an offence
of action:
more appropriately referred to a statutory
authority. »» not to proceed to consider the

50
complaint further in writing and accompanied by the
complainant’s name, address and
»» to require the Chief Executive to take
signature
further steps to resolve the issue. These
may include an unannounced spot »» in the instance of a refund claim,
check inspection to the institution where the complaint is not
accompanied by legible proof of
»» to require the institution to undertake
payment in the form of a receipt.
remedial or compensatory action
Copies of bank statements are not
where the Committee considers that
acceptable
the institution has acted in breach of
the conditions of accreditation. Where »» where the complaint is already subject
this is refused, the Committee may to a legal process
determine to withdraw accreditation
»» where it relates to a contractual
from the institution
dispute between the institution and an
»» to withdraw accreditation. This employee or employees
would normally happen only
»» where the complainant has failed,
where an institution has refused to
without good reason, to make use
co-operate with the investigation of a
of the institution’s own complaints
complaint, refused to take remedial
procedure
or compensatory action when asked
to do so, or in extreme cases such as »» where the complainant has failed,
serious illegal behaviour on the part of without good reason, to fully establish
the institution’s management. In these that the content of a course is of
circumstances, the institution would value to them and the awarding body
have the right of appeal, as outlined in is appropriately recognised before
Section 8. enrolment.

9.2.6 The complainant will receive written


notification from the Chief Executive
9.4 Complaints from the UK
of the outcome of the Committee’s
Border Agency (UKBA)
deliberations. It is a condition of BAC’s approval by UKBA
that it will undertake investigation where
9.3 Exceptions UKBA informs it that there is reason to
suspect non-compliance with visa regulations
BAC will not involve itself in resolving
on the part of an accredited college. Under
complaints under the following
these circumstances, UKBA will be informed
circumstances:
of the outcome of BAC’s investigation of the
complaint.
»» where the substance of the complaint
is not relevant to BAC’s accreditation
criteria

»» where the complaint is made


anonymously or solely by telephone
or email. Complaints must be made

51
9.5 Complaints against BAC the conduct, behaviour and actions of BAC,
its staff and its inspectors in relation to the
9.5.1 BAC is committed to working in an open published purposes, procedures, criteria,
and accountable way. This includes methods and protocols associated with its
responding positively to complaints from inspection processes. Complaints should
institutions by investigating them thoroughly, be sent to the Accreditation Manager,
and putting mistakes right where possible. BAC, 44 Bedford Row, London WC1R 4LL.
Complaints about the Accreditation Manager
9.5.2 The main services we offer that may be should be directed to the Chief Executive.
subject to complaint are complaints about
inspection reports or results, and complaints 9.5.6 Inspection Feedback Forms
about the conduct of an inspection.
Please note that an inspection evaluation
Student complaints against an institution,
questionnaire will be e-mailed to the institution
and appeals against inspection outcomes
after the inspection. Please use this to submit
or accreditation conditions, are handled
any feedback (positive or negative) you may
through separate procedures (see Section
have about the inspectors or the conduct of the
9.1).
inspection. The complaints procedures are not a
9.5.3 Complaints about the content of means for institutions to provide such feedback.
inspection reports
9.5.7 The Accreditation Manager may contact
Complaints about factual inaccuracies in the institution to investigate any negative
inspection reports or feedback concerning feedback. Feedback on an inspection is
inspection results should be addressed to the not passed to the inspector(s) concerned
Accreditation Manager, BAC, 44 Bedford Row, until after the inspection report has been
London WC1R 4LL. Complaints of this nature submitted to the Accreditation Committee.
must be received no more than 30 days after the Any relevant response from the inspector(s)
provider has received the inspection report. will be passed to the institution.

9.5.4 Complaints about inspectors or 9.5.8 Complaints about the


conduct of the inspection accreditation scheme

The roles and responsibilities of BAC inspectors These will be considered by BAC’s Executive
and staff are addressed fully in their training Committee. They should be made in writing
programmes. Inspectors and staff are made to the Chief Executive, BAC, 44 Bedford Row,
aware of what is expected of them, both in London WC1R 4LL. Complainants will be
the content of their work and in the way they informed about the decision of the Executive
carry it out. Preparing inspectors and staff to Committee in response to their complaint by
do their work effectively, professionally and the Chairman of the Executive Committee. This
with due courtesy and regard to the institution will be done within 10 working days of the
and its staff, is something BAC takes seriously. Executive Committee meeting at which their
In turn, BAC expects that institutions will treat complaint is considered.
inspectors and staff with the respect, courtesy
and professionalism necessary for a successful 9.5.9 Appeals Procedure
inspection. BAC recognises, however, that
Full details of the Appeals Procedure for
there might be occasions when institutions may
institutions for which accreditation has been
wish to complain about the conduct of BAC
refused or withdrawn can be found in Section 8
inspectors or members of staff.
of the Accreditation Handbook.
9.5.5 The focus of complaints is likely to be on

52
53
10. Charges
INSPECTION AND ACCREDITATION FEES
10.1 Inspection Charges 54
10.2 Annual Accreditation Fee 55

The following charges have been approved for the period 1 September 2009 - 31 August 2010:

10.1 Inspection Charges


10.1.1 New Applications for Accreditation:

»» Stage 1 (submission of application form and documentation):


£330

»» Stage 2:
£1320 plus £385 per inspector day

»» Stage 3:
£1320 plus £385 per inspector day

»» Full inspection (stages 2 & 3 combined):


£1320 plus £385 per inspector per day

10.1.2 Applications for Continuing Accreditation:

»» Deposit accompanying the application form and documentation:


£330, which will be offset against the costs of the on-site inspection (see below). If an institution
cancels or postpones an inspection after a date has been agreed with BAC, any unrecoverable
costs incurred by BAC will be charged against this deposit.

»» On-site inspection:
£1320 plus £385 per inspector per day.

10.1.3 Cancellation fee

»» If an institution cancels or postpones a full inspection after a date has been confirmed in writing
by BAC, any unrecoverable costs incurred by BAC will be charged against any deposit and a
cancellation charge of £75 per inspector per day will apply.

10.1.4 Interim inspection (1 day):


No charge

10.1.5 Spot check inspection:


No charge unless made in the light of an institution’s failure to respond to BAC’s request for
information relevant to its continuing accreditation (see Section 3.3.1 above), when a charge of
£500 will be made.

54
10.1.6 SUPPLEMENTARY INSPECTION:

»» £600 per full day (inspector on site for more than four hours)

»» £350 per half day (inspector on site for less than four hours)

10.1.7 Appeal fees:

»» A deposit of £750 will apply for full appeal hearings. If an appeal is successful, the deposit of
£750 will be refunded.

10.1.8 Release of reports:

»» Inspection reports and decisions on accreditation will not be released until full payment of
inspection fees has been received by BAC.

10.2 Annual Accreditation Fee


10.2.1 Institutional Accreditation:
£11 per FTE (full-time equivalent) student, subject to a minimum payment based on 100 FTEs and a
maximum payment based on 650 FTEs. A discount of 2.5% is available to institutions paying the fee
within the first four weeks of invoicing. Institutions accredited during the financial year (1 September
2009 to 31 August 2010) will be charged on a pro-rata basis.

10.2.2 Non-Collegiate Accreditation:


£11 per course day (courses of less than 4 hours per day to be assessed at 50%), subject to a
minimum payment based on 30 days and a maximum based on 50 days. A discount of 2.5% is
currently available to institutions paying the fee within the first four weeks of invoicing. Institutions
accredited during a financial year (September-August) will be charged on a pro-rata basis.

10.2.3 Non-Payment of Accreditation Fees:


Institutions which do not pay the accreditation fee within an initial four-week period will be
assumed to have withdrawn from accreditation unless they have given BAC written confirmation
of their intention to pay the full undiscounted fee by a specified date acceptable to BAC. BAC will,
exceptionally, consider requests to pay the fee by instalments. Re-establishment of accreditation after
non-payment will normally involve a re-inspection, with all costs being borne by the institution.

10.2.4 WITHDRAWAL FROM Accreditation:


Four weeks’ notice of withdrawal from accreditation is required. Institutions which withdraw after
the start of the accreditation year (September) will be liable to pay the accreditation fee on a pro-rata
basis. If the Accreditation Committee withdraws accreditation from an institution, or if an institution
voluntarily withdraws, after the start of the accreditation year, (1 September up to 1 March), the
institution will be charged accreditation fees for six months. However, institutions which withdraw
or have their accreditation withdrawn after 1 March will be liable to pay the full undiscounted
accreditation fee for the full academic year.

10.2.5 Payments
Payments can be made to BAC via BACS, CHAPS, cash or cheque. We do not accept online or offline
credit card payments. Please note: any dishonoured cheques will incur an administrative fee of £25.
Should debts remain unpaid for over 60 days, BAC reserves the right to employ the services of a
specialist debt collection agency whereby an extra charge of 15% will apply on top of the debt: this
will be solely borne by the institution. Once a debt has been passed to the debt collection agency, all
correspondence must be with the agency directly, and not with BAC.

55
Appendices
ADVISORY DOCUMENTS

57
A. Prospectuses and Websites
GUIDELINES FOR ACCREDITED INSTITUTIONS
1 Guidelines 58
2 Statement of Accreditation 59
3 Study UK 60
4 The Education UK Brand 60

1 Guidelines body, this should only be done with the


permission of the outside body and should
1.1 The first impression which a potential not give the impression that the institution
client gains of an institution is is part of that body. Equally, where the
normally provided by advertisements, external facility is one which is freely
the prospectus or the website. This available to the local community (e.g. a
is particularly important for overseas public library), the prospectus should not
students, who may easily arrive with imply that access to the facility is a special
unrealistic expectations unless the material privilege for the institution’s students
provided is accurate and comprehensive. (particularly if there is any suggestion that
As part of the accreditation process, BAC the right of access is paid for in the overall
requests copies of all current prospectuses institution fees).
and other promotional material produced
by an institution and BAC inspectors 1.2.3 Management and staff
will also inspect institutions’ websites.
It is recommended that key staff whom
Accreditation may be withheld or
students/sponsors might wish to contact
withdrawn if inspectors form the opinion
should be listed. If the material includes
that the information provided by
a list of academic staff, this should be up
promotional material is inadequate or
to date. If staff qualifications are listed
misleading.
they should be verifiable and, in the case
1.2 The guidelines below indicate the areas of degrees, the list should indicate the
which will normally be assessed. awarding body.

1.2.1 Premises and resources 1.2.4 Fees


Students should be able to gain a fair Where fees are quoted, the institution
impression of the premises, facilities and should specify the period for which they
resources, whether from photographs or are applicable. Any additional items (such
text. Photographs or other representations as VAT or examination fees) should be
of external premises or facilities should shown. An unambiguous statement on the
be captioned to ensure that they are not institution’s policy on the refund of fees
assumed to be part of the institution itself. in the case of cancellation, curtailment
or withdrawal by the student on grounds
1.2.2 External resources beyond his/her control (e.g. refusal of a visa)
must be included.
Where specific reference is made to the
use of facilities provided by an outside

58
1.2.5 Academic programmes 2 Statement of
Accreditation
1.2.5.1 Where institutions advertise courses which
will only be available if there is a viable 2.1 Accredited institutions are authorised
level of enrolment, this should be clearly to include the statement “Accredited
stated. BAC will find it unacceptable if an by the British Accreditation Council
institution advertises a range of programmes for Independent Further and Higher
which it clearly does not have the resources Education“, or “Accredited by the British
to deliver, since this may give potential accreditation Council as a Provider of
students the impression of a larger institution Courses in XXX” in the case of non-
or of an institution able to offer, for instance, collegiate accreditation. Institutions
higher education when its actual teaching is accredited under the criteria for the
at a lower level. award of accreditation as an independent
higher education institution may include
1.2.5.2 External awards: the description of the
the statement “Accredited by the British
academic programme should include the
Accreditation Council as an Independent
external examinations or awards for which
Higher Education Institution”. Institutions
tuition is provided. Where the awarding
may request a summary paragraph which
body is not based in the UK, this must be
may be published in full at the discretion
clearly stated. Section 2.4.3 above gives
of the institution. Inspection reports are
advice on the description of programmes
confidential to the college concerned,
leading to the award of degrees.
unless an external body has an explicit
interest in the college (e.g. QAA, OUVS),
1.2.5.3 If awards are internally validated there
or is a regulatory body or a UKBA-
should be a statement on the level and status
approved accrediting body. The college
of the qualification. Section 2.4.2 states BAC
itself may also decide to publish the report
requirements.
as a whole if it wishes to do so.
1.2.5.4 The length of the course, the hours of tuition
2.2 BAC encourages accredited institutions to
and typical class sizes should be stated.
include the BAC Accreditation Mark in a
Claims such as ‘offering intensive tuition’ or
prominent position in prospectuses, block
‘providing teaching in small groups’ will be
advertisements and websites. Institutions
unacceptable unless supported by facts.
should use the appropriate artwork which
1.2.5.5 If past examination results are quoted in the is available free of charge from the BAC
publicity material, BAC’s inspectors will ask offices and can be downloaded from the
to see evidence that these are accurate and college gateway on the BAC website.
give a balanced account of the full cohort of
2.3 If an institution has been awarded a
students entered for the examinations.
UKBA sponsor licence for Tier 4, it may
1.2.6 Additional information include “INSTITUTION NAME has been
licensed by the UK Border Agency to enrol
The material should specify which
international students under Tier 4 of the
additional services it provides for its
Points Based System” on its website and
students: residential accommodation or
publishing material.
support in finding homestay or private
accommodation, for instance.

59
3 Study UK 4 The Education UK Brand
3.1 BAC-accredited institutions may apply to 4.1 Institutions which have received the full
join Study UK – the official membership four years’ accreditation by BAC will be
association for BAC accredited colleges. eligible for membership of Education
UK Partnerships, subject to a number of
3.2 If accepted into membership, institutions conditions. Should their application be
will be entitled to use the Study UK member successful, they are then entitled to use
logo on their stationery, literature and the Education UK brand logo, which was
website, as well as take advantage of the developed as part of the Prime Minister’s
association’s activities and services, which initiative to attract more international
include: students to the UK. This is subject to a licence
agreement and a charge. Further information
»» Lobbying and representing members’
can be gained from the Education UK website
interests at a UK governmental and
www.educationuk.org or from the Education
regulatory level
UK Partnerships Helpdesk at:
»» Helping to raise the profile of UK
independent education by establishing a
quality UK brand worldwide
»» Education UK Partnerships
»» Providing members with joint marketing The British Council
and promotional opportunities Bridgewater House
»» Offering joint bulk buying opportunities 58 Whitworth Street
and discounts Manchester M1 6BB

»» Providing opportunities for peer


discussion, professional development and
training so as to continuously advance
standards within the sector

3.3 Institutions which have held BAC


accreditation for a minimum of four years
and have completed a minimum of two
successful consecutive full inspections may
also apply for premier membership, subject
to approval by the Study UK Board. Premier
members are entitled to use the Study
UK premier member logo and can take
advantage of additional benefits.

3.4 For more information about Study UK or


to become a member, visit the Study UK
website (www.study-uk.org) or contact
Study UK on 020 7608 7960 or by email at
info@study-uk.org.

60
61
B. Health and Safety
FIRE PRECAUTIONS AND
HEALTH AND SAFETY ARRANGEMENTS
1 Introduction 62
2 Health and Safety 62
3 Fire and Emergency Precautions 64

1 Introduction 2 Employers’ Liability Compulsory


Insurance
While BAC’s inspectors may provide
»» The law says most employers must
guidance regarding the fire, health
have Employers’ Liability Compulsory
and safety provision of institutions,
Insurance. If this applies to you, you
the responsibility for meeting statutory
must display the certificate where
requirements rests entirely with the
your staff can easily read it. You could
management of the institution.
be fined if you do not have a current
policy.
2 Health and safety
»» Your staff may be injured or get ill
2.1 Advice on occupational health and safety because of their work for you. They
is readily available from the Health and might try to claim compensation from
Safety Executive, much of it to be found you if they think you are responsible.
on the HSE website www.hse.gov.uk or in Employers’ Liability Compulsory
leaflets and booklets produced by HSE. Insurance means you have cover
against claims like these.
2.2 pplicants for accreditation will be
A
required to sign a declaration that they 3 Get competent advice
meet the eleven basic requirements
»» The law says you must appoint
placed upon employers set out on the HSE
someone competent to help you meet
website:
your health and safety duties. You could
1 Register your new business appoint (one or a combination of):

»» Since 6 April 2009, most new »» yourself;


businesses no longer need to register
»» one or more of your workers;
with HSE.
»» someone from outside your business
»» However, if you work with hazardous
substances, such as asbestos or 4 Write your health and safety policy
explosives, or in a hazardous industry,
such as construction or diving, you may »» A health and safety policy sets out your
need to apply for a licence, or notify general approach and objectives (your
HSE or your local authority. vision) and the arrangements you have
put in place for managing health and
safety in your business. It is a unique

62
document that says who does what, »» any emergency procedures.
when and how.
»» Health and safety training should take
»» If you have five or more employees, place during working hours and must
you must write your policy down. not be paid for by employees. Some
employees may have particular training
»» A written policy statement shows
needs, for example:
your staff, and anyone else, your
commitment to health and safety. »» new recruits;
It should describe how you will
»» people changing jobs or taking on
implement and monitor your health
extra responsibilities;
and safety controls. You should review
it regularly. »» young employees who are
particularly vulnerable to accidents;
5 Assess the risks
»» health and safety representatives.
»» The law says you must assess and
manage the health and safety risks of »» You must keep records of all training
your business. In a risk assessment you so that you can see when it might need
examine carefully what in your work to be repeated. You should consult
could cause harm to people. It shows if workers or their representatives to make
you have taken enough precautions, or sure training is relevant and effective.
if you should do more to prevent harm.
»» Training should be repeated from time
6 Provide facilities to time if the work it relates to is only
done occasionally. For example, if
»» You must provide a safe and healthy
someone fills in for someone else when
environment for all your employees.
they are away; a process is not often
You also need to take account of
done; or emergency procedures.
their welfare needs. This includes
people with disabilities. For example, 8 Consult your workforce
you must provide toilets, washing
facilities and drinking water, and you »» The law says that employers must
need to think about factors in the consult their workers on health and
working environment like lighting and safety. Consultation is a two-way
temperature. process – it does not just mean telling
workers about health and safety. It
7 Train your workforce means discussing health and safety
with them, allowing them to raise
»» The law says you must train your
concerns and influence decisions.
employees and contractors to work
safely, and clearly instruct them in »» You have to consult all workers. In a
their duties. Everyone who works for very small business, you may choose
you, including self-employed people, to consult each employee separately.
needs to know how to work safely and However, most organisations consult
without risks to health. So you need to staff through their health and safety
train them to be sure they know: representatives.
»» what hazards and risks they may
face;

»» how to deal with them; and

63
9 Legal requirements laboratories, sports centres or workshops.

»» If you employ anyone, you must display 2.5 If advice is needed on specific matters, it
HSE’s health and safety law poster. Or can be sought on the HSE infoline:
you can give your employees a leaflet hse.infoline@connaught.plc.uk
called Health and safety law: what
you should know (downloadable from
3 Fire and emergency
HSE website). The poster includes basic
precautions
health and safety information and lets
people know who is responsible for 3.1 The Fire Safety Order 2005, which
health and safety in your workplace. involves a major change in fire protection
You must display the poster where your regulations, came into effect on 1 October
workers can easily read it, and it must be 2006. Fire certificates are no longer issued
in a readable condition. You must also and each occupier of premises (whether or
include some contact details, for example not they own those premises) is required to
of your local enforcing authority. have undertaken a fire risk assessment.
10 Understand RIDDOR
3.2 uidance on the requirements can be
G
»» For most businesses, a reportable found from the Fire Protection Association
accident, dangerous occurrence, or (www.thefpa.co.uk). The FPA and many
case of disease is a comparatively rare local fire and emergency departments
event. However, if it does happen, you run training seminars and publish books
need to let BAC know. The regulations and leaflets, and The London Fire Brigade
about reporting are called The Reporting has a particularly helpful website (www.
of Injuries, Diseases and Dangerous london-fire.gov.uk). Additional statutory
Occurrences Regulations 1995 but advice for businesses is available from the
you’ll often see this abbreviated to Government’s Fire Gateway at www.fire.gov.
RIDDOR. You have a legal duty to report uk/Workplace+safety and the Communities
accidents and ill health at work. The and Local Government website at www.
information you supply helps HSE and communities.gov.uk/fire/firesafety/
local authorities to identify where and firesafetylaw. In addition, a downloadable
how risks arise, and to investigate serious guide to Fire Safety at Work can be found at
accidents. www.communities.gov.uk/publications/fire/
guidancesafetyat
11 Keep up to date
3.3 I n addition to the fire risk assessment, BAC’s
»» Following news and events in your
inspectors will need to be satisfied that:
industry will help you keep your health
and safety policies and risk assessments »» fire drills take place sufficiently regularly
up to date. to ensure that staff and students know the
procedures
2.3 It is also a requirement that each of your
premises should display a notice stating that »» suitable numbers of staff have been
smoking on the premises is illegal. trained to supervise an evacuation of the
premises
2.4 In addition to the need to comply with
»» an effective roll call of students, staff
legal requirements, institutions are strongly
and visitors could be taken after an
encouraged to involve themselves in
evacuation of the premises
the training and education of staff and
students in good health and safety practice,
particularly where their work involves
potentially hazardous environments, such as
64
»» there is clear guidance to exit routes
(both notices at strategic points and
signage in corridors and stairways)

»» exit routes are kept uncluttered and that


fire doors can be readily opened in an
emergency

»» emergency lighting, fire extinguishers,


fire alarms and fire detection equipment
are regularly tested and serviced.

65
C. Employment Issues
1 Terms of Employment 66

1 Terms of Employment
1.1 BAC does not concern itself with actual
terms and conditions of employment,
but does require accredited institutions
to work within the legal requirements.
Institutions requiring guidance on safe and
legal employment procedures are strongly
recommended to consult the website of
the Arbitration and Conciliation Advisory
Service (www.acas.org), which includes
a sample written statement, model
disciplinary and grievance procedures and
pro-forma employment documentation.

66
D. Child Protection
1 Child Protection Procedures 67
2 Criminal Records Bureau 67
3 Independent Safeguarding Authority 67
4 Residential Accommodation 68
5 Homestay Accommodation 68

1 Child protection 3 Independent


procedures Safeguarding
Section 105 of the Children Act 1989
Authority
defines a “child” as “a person under the The Independent Safeguarding Authority
age of eighteen”. Accordingly all colleges (ISA) was established under the
enrolling students under that age are Safeguarding Vulnerable Groups Act 2006.
required to institute child protection All of those employed in occupations which
procedures. The Protection of Children Act bring them into contact with children
1999 (PoCA) and the Criminal Justice and or vulnerable adults will eventually be
Court Services Act 2000 made it an offence required to register with the ISA, and it
for any organisation to offer employment will be a criminal offence for an employer
that involves regular contact with young to employ people in such a role unless
people under the age of 18 to anyone who they are registered. The ISA will gather
has been convicted of certain offences or together material from the CRB, the DCSF
is included on lists of people considered List 99 and the PoCA list to produce a
unsuitable for such work. Barred List of those who should not be
employed. Employers will also be required
to register and will then have access to
2 Criminal Records the list of registered individuals. The list
Bureau will be constantly updated, and employers
The Criminal Records Bureau (CRB) has will be informed if one of their employees
responsibility for the disclosure of those is moved to the Barred List. Employers
debarred from employment in schools. will also have a statutory obligation to
CRB may be contacted on 0870 9090 811 inform ISA if there is reason to call an
or through the website: www.crb.gov.uk. individual registration into question. The
There is a fee for initial registration with the establishment of the ISA will not remove
CRB and a charge for each disclosure. The the statutory obligation on employers to
CRB now requires individual employers to obtain enhanced CRB disclosure before
make applications through an “umbrella” employing a staff member in a “regulated”
organisation. Lists are available on the CRB position, which would include teachers,
website. residential or social activity supervisors and
school bus drivers. Employers may simply
consult the Register before employing
those in “controlled” employment, which
would include cleaners, caterers and office

67
staff with limited unsupervised access. 5 Homestay
At the time of writing the ISA list had not accommodation
become active, but employers should keep
A child under 16 who is placed in homestay
themselves up to date with developments.
accommodation for a period of more than
Factsheets setting out the definition of
28 days is treated as a “privately fostered
“regulated” and “controlled” employment
child” (Section 66 of the Children Act
and the legal obligations on employers can
1989), and the Secretary of State places
be downloaded from the ISA website at
a duty upon local authorities to inspect
the arrangements. Certain persons are
»» www.isa-gov.org.uk
disqualified from being private foster
parents (Disqualification from Caring
4 Residential for Children Regulations 1991), and it is
accommodation strongly advisable to require permission to
Section 87 of the Children Act 1989 is make a police check on any residents of a
particularly relevant to colleges which household before placing a child under 16
provide or arrange accommodation for in their care. The Safeguarding Vulnerable
students under the age of 18. It is likely Groups Act 2006 requires local authorities
that BAC-accredited colleges which offer to establish Local Child Safeguarding
residential accommodation will be defined Boards (LCSBs), which may also involve
as Independent Boarding Schools (Section themselves in supervision.
87 (3)), which are required to register with
the Department for Children, Schools and
Families (DCSF) and record their numbers
on their annual DCSF return. Ofsted has
now taken over the responsibility of the
Commission for Social Care Inspectorate
in carrying out inspections of boarding
welfare, based on a list of minimum
standards for boarding schools which came
into effect in April 2002. It is essential that
colleges which have boarding facilities for
those under 18 acquaint themselves with
the standards and ensure that they comply
at least with the core standards. Guidance
can be found in Good Practice in Boarding
Schools, ed. Holgate, published by:

The Boarding Schools’ Association,


Grosvenor Gardens House,
35-37 Grosvenor Gardens
London SW1W 0BS

It includes an Appendix which sets out


the standards. Visit their website
www.boarding.org.uk for further
information.

68
E. Disability
1 Disability Discrimination 69
2 Disability in Private Education 69
3 Further Information 69

1 Disability 3 Further Information


discrimination
Further information is available online at
The Disability Discrimination Act 1995
(Section 28R(2)) as amended by the Special »» www.direct.gov.uk/en/DisabledPeople/
Educational Needs and Disability Act
2001 made it unlawful for an educational or from the Equality and Human Rights
institution to discriminate against a disabled Commission at
student in the services it provides, or offers
»» www.equalityhumanrights.com
to provide. There was an initial delay
in implementation, but this came to an
end in September 2005. The Disability
Discrimination Act 2005 now builds on
existing legislation in the 1995 version.

2 Disability in private
education
Private educational institutions are
covered by Part 3 of the Act (Providers of
Goods, Facilities and Services) rather than
Part 4 (Education). It imposes a duty on
independent schools “to plan to increase
systematically the accessibility of their
premises and of the curriculum to disabled
pupils within the context of the resources
available to them” and to “set out in the
annual prospectus its plans to increase
accessibility for disabled children.”

69
F. Copyright
1 CLA Licence 70
2 Digital Material 70
3 Discounted Licence 70

1 CLA licence 3 Discounted licence


BAC’s inspectors are required to confirm BAC-accredited institutions benefit from
that colleges either hold a licence from a 10% discount on the cost of a CLA
the Copyright Licensing Agency Ltd (CLA) licence. Colleges wishing to apply for a
or take steps to ensure that no copyright- licence or to make a formal declaration
protected material is reproduced within that no copyright material is reproduced
the college. Colleges which do not within the college should contact the CLA:
consider that they require a licence must
place notices near photocopiers to warn
staff and students that a breach of the
»» The Copyright Licensing Agency Ltd
rules on photocopying copyright material
Saffron House,
will be considered to be a matter for
6-10 Kirby Street,
disciplinary action.
London EC1N 8TS

2 Digital material »» Telephone:


020 7400 3100
CLA has introduced a new form of the
licence to cover digital material. This will »» Fax:
cover, for instance, scanning of material 020 7400 3101
either for transmission or for incorporation »» Email:
within Virtual Learning Environments cla@cla.co.uk
(VLEs).
»» Website:
www.cla.co.uk

70
G. Students requiring visas
1 General Requirement 71
2 The Points Based System 71
3 UKBA Licence Requirements 71
4 Other Requirements 74
5 Immigration Services Commission 76
6 UKCISA 76

1 General requirement 3 UKBA licence


requirements
It is a condition of accreditation by BAC
that institutions which enrol visa students 3.1 A Policy Guidance document, to be used
should require them to meet the terms for all applications made on or after 1 June
of their entry to the UK. Up-to-date 2009, set out the following policies and
information is published on the UKBA procedures relevant to independent further
website www.ukba.homeoffice.gov.uk. and higher education institutions.

3.2 Licences
2 The Points Based System
Institutions may apply for a UKBA licence
A new points-based system (PBS) for the
as a migration-sponsoring organisation
assessment of student visa applications
if they are accredited by BAC or another
was introduced by the UKBA of the Home
approved accrediting body. UKBA will
Office in April 2009. Student visas are
charge a fee of £400 for the licence
covered by Tier 4 of the PBS. The UKBA
application. Only licensed institutions
itself is an amalgamation of the former
will be able to enrol visa students. At the
Border and Immigration Agency and UK
time of printing, there was a bill going
Visas. The new system is deliberately
through Parliament which would require
intended to be “tougher” than the previous
students who wish to move to another
provision, and this directlys impacts
institution to apply for a new visa, and this
on BAC’s assessment of the extent to
will only be considered if that institution
which an institution meets its obligations
is also licensed. Licensed institutions will
as a licensed migration-sponsoring
be rated as A or B, with B being simply a
organisation. Points will be allocated to
transitional rating for institutions which
those applying for student visas on the
have lost their A rating, or which have
following basis:
been judged on first inspection to be
»» Confirmation of Acceptance for Studies unable to attain an A rating as of yet. An
by a Licensed Education Provider: institution which has been given a B rating
30 points will be required to submit an action plan
and rectify whatever deficiency has led to
»» Maintenance and Funds Test:
the downgrading within a defined period
10 points
or lose its licence altogether.

71
3.3 Confirmation of Acceptance for
Studies
3.5 Responsibilities
Licensed institutions will be required to issue
a Confirmation of Acceptance for Studies
The document Guidance for Sponsor
(CAS) to a potential student before a visa
Applications – Tier 2, Tier 4 and Tier 5
application can be made. The CAS is expected
of the Points Based System defines the
to provide “an assurance that the education responsibilities of a licence holder as
provider is confident that the student is follows:
capable of doing the particular course of
study” and that “the sponsoring education To keep its licence, a student sponsor will
provider will accept responsibility for the need to:
student whilst he is in the UK”. UKBA will
charge a fee of £10 for every CAS issued. »» keep a copy of all non-EEA students’
Providers will be required to issue CAS to all passports (and, when introduced, their
applicants from February 2010. ID cards) showing evidence of their
entitlement to study;
3.4 Visas »» keep each student’s contact details and
There will be two relevant categories of update them as necessary;
visa, but in either case, the student must be »» report to UKBA, within 10 working
enrolling in an institution accredited by BAC days, any students who fail to enrol on
or another approved body: their course (see 3.6 below);

»» General student visa: a student over »» report to UKBA, within 10 working


the age of 16 enrolling on a course days, any unauthorised student
of up to four years which meets the absences (see 3.6 below);
requirements set out in 3.7 below.
A student on this visa may work for »» report to UKBA, within 10 working
up to 20 hours per week and may be days, any students who discontinue
considered for an extension of the their studies (including any deferrals of
visa at the end of the original stay. study);
General visa students will be allowed »» report to UKBA, within 10 working
to undertake work placements as part days, any significant changes in
of their course. However, the work students’ circumstances (e.g. if the
place component of the course must be duration of a course of study shortens);
no more than 50% of the total course.
(p14 of Tier 4 of the Points Based »» report to UKBA, within 10 working
System – Policy Guidance) days of their discovery of it, any
information which suggests that a
»» Student visitor visa: a student intending student is breaching the conditions of
to enrol on a course for less than six his or her visa;
months. Work is not permitted and the
visa may not be extended. Institutions »» maintain any appropriate accreditation;
which intend to issue only this type
»» offer courses to international students
of visa will not be required to apply
which comply with UKBA conditions
for a UKBA Tier 4 licence, as it does
(see 3.7 below);
not come under the Tier 4 system.
However, accreditation by an approved »» comply with applicable PBS rules and
accrediting body will still be required, the law; and
as stated above.
»» co-operate with UKBA (see Guidance

72
for Sponsor Applications, p86). »» awarded by a recognised body on the
recognised bodies list operated by
3.6 Attendance requirements DIUS [now BIS] (see link http://www.
dcsf.gov.uk/recognisedukdegrees/
The Guidance for Sponsor Applications
index.cfm?fuseaction=institutes.list); or
document limits the period in which a
student may be absent before the institution is »» recognised by one or more recognised
required to inform UKBA. A student must be bodies via a formal articulation
reported if he/she: agreement with the awarding body;

»» fails to enrol with them by no later than »» approved at level 3 or above in the
10 working days after the end of their National Qualifications Framework
prescribed enrolment period; operated by the Qualifications &
Curriculum Authority; or
»» misses 10 expected contacts. For
students in schools, further education »» approved at an equivalent level in
(FE) and English language colleges this the Scottish Credit & Qualifications
will normally be where the student Framework; or
has missed two weeks of a course.
»» approved at an equivalent level by
In the higher education (HE) sector,
the Qualifications, Curriculum and
where daily registers are not kept,
Assessment Authority for Wales; or
UKBA will accept this reporting where
the student has missed 10 expected »» approved at an equivalent level by the
interactions (e.g. tutorials, submission Council for Curriculum, Examinations
of coursework etc); and Assessment (CCEA) in Northern
Ireland; or
»» stops attending either because they
have withdrawn them from the course »» an overseas qualification, on which UK
or because the student has said they are NARIC is able to advise on its validity,
leaving, within 10 working days of this with a level equivalent to level 3 or
being confirmed; above on the National Qualifications
Framework.
»» defers their studies after their arrival
in the UK. In such cases the student’s UKBA will exceptionally accept qualifications
permission to be in the UK will cease which sit outside of this definition until 31
to be valid as they will no longer be March 2010. Providers will thus until the end
actively studying. The sponsor will of March 2010 to ensure that all their courses
need to notify UKBA of the deferral meet these criteria (please see paragraph 226
and advise the student to leave the UK. of Guidance for Sponsor applications - Tier 2,
When the student is ready to resume Tier 4 and Tier 5 of the Points Based System
their studies they will need to make a for further guidance).
fresh visa application.

3.7 Qualifications

Please note that UKBA has stated that in order


for an individual from outside the European
Economic Area to be issued with a student 4 Other requirements
visa he/she must have been accepted onto a
UKBA has issued guidance to its own
course leading to an approved qualification.
Compliance Officers on the interpretation of
An approved qualification is defined as:
other requirements of a “bona fide” college,
which is defined by the following behaviour:
»» validated by Royal Charter; or

73
4.1 Maintains satisfactory records of attendance is required and the actual
enrolment and attendance of students, recorded attendance;
and supply these to the UKBA when
requested. Records of enrolment can be »» show that the records have been signed
in either electronic or hard copy form but, off by an authorised official of the
irrespective of their format, the records of institution;
enrolment should:
»» be kept initially for the full period of
»» include a documented process for sponsorship
enrolling at the institution which is
»» be accompanied by documented
clear and transparent and which should
procedures and processes for dealing
include the completion of a standard
with absent students and show the
application form designed for that
outcome of action taken in individual
purpose;
cases.
»» state the name of the student as
recorded in their passport or travel 4.2 Provides courses which involve a minimum
of 15 hours organised daytime study per
document, demonstrate that the student
week.
has met the entry requirements for the
institution in respect of qualifications »» The institution should provide
already held (where appropriate), Compliance Officers with detailed
show that the relevant course fees timetables of past and current classes.
have been paid or that any payment Evening and weekend courses do not
options offered by the institution have meet the requirements of the rules
been satisfied and identify the name and no account should be taken of
of the course on which the student has any classes which commence at 6pm
enrolled; or later or any classes attended at the
weekend. Where a class has started
»» confirm how many students are actually
during the afternoon and continues
enrolled on each course offered by the
after 6pm, this may be acceptable
institution and that this figure tallies
provided a substantial part of the class
with the attendance register and the
takes place during the daytime.
timetable of studies for each course;
and »» The required 15 hours of organised
daytime study per week should not
»» be kept in a register designated for that
include time taken for comfort breaks
purpose or in electronic form that is
or lunch. Organised study should
maintained by the administration of the
include the following prerequisites:
institution;
»» a teacher or tutor is present
»» be kept securely so that there is no risk
throughout the duration of each
of tampering;
class to provide formal teaching and
»» be made available on request by a instruction to the students; and
Compliance Officer or within 28 days
»» the lesson is based on an agreed
of such a request being made by the
course syllabus which has been
UKBA;
predetermined by the institution or
»» contain the name of the student as the course provider.
officially recorded in the student’s
passport or travel document; 4.3 Ensures a suitably qualified tutor is present
during the hours of study to offer teaching
»» contain the date(s) on which and instruction to the students. Private

74
education institutions should: years of age.

»» provide a Compliance Officer with 4.6 Provides adequate accommodation,


a timetable of the classes to show facilities, staffing levels and equipment to
whether or not classes are taking place support the numbers of students enrolled
with a tutor present; at the institution. Institutions should be
able to confirm to the Compliance Officer
»» demonstrate that they have a process the number of students enrolled/attending,
and policy in place to ensure that cover so that he/she can assess:
exists for absent staff; and
»» how many classrooms are required;
»» on request, or within 28 days of such
a request being made, produce a copy »» how many qualified tutors are required
of all the tutors’ qualifications for those to meet the teaching requirements of
courses which they are employed to the institution’s timetable;
teach. This may be supported by a »» depending on the types of courses
copy of the contract of employment or offered, the requirements for
agreement to provide services to the whiteboards, tables and chairs,
institution. It should be evidenced from computer equipment and text books;
the documents that the tutor possesses
a qualification which is at or equivalent »» in the light of the student complement,
to the level of the course they are the level of provision of library
teaching. facilities, separate washroom facilities,
canteen and/or rest room facilities;
4.4 Offers courses leading to qualifications
recognised by the appropriate »» where other sites exist, that these meet
accreditation bodies (see Section 3.7). the above minimum requirements and/
or standards for teaching students;
4.5 Employs suitably qualified staff to provide
teaching, guidance and support to the »» the fire risk assessment and a health
students. This is linked to the requirement and safety certificate are current; and
in 4.3 above and consequently an
»» other documents as required by the
institution should:
registration process remain valid.
»» provide details of the number of
qualified tutors that are employed;

»» provide details of other staff who are


employed to provide guidance and
support to the students. This may
already be available in the form of
literature which exists on noticeboards
and in the common areas but the types
of guidance and support may include,
for example, pastoral care, welfare,
career advice, immigration information
and the existence of an international
office; and

»» ensure all staff employed by the


institution have been suitably vetted in
order to work with students under 18

75
5 Immigration Services 6 UKCISA
Commission UKCISA, the Council for International
The Immigration and Asylum Act 1999 (Part Student Affairs, publishes regular briefing
V) made it illegal for colleges to provide papers and advisory material relating
immigration advice or immigration services to overseas students in UK, including
unless they were registered with the a guidance note on how to complete
Immigration Services Commissioner. Copies the Home Office Student Application
of the Rules and Code of Standards are Form. Institutions with significant
available from: numbers of overseas students are strongly
recommended to become subscribers. Their
»» The Office of the Immigration Services address is:
Commissioner,
5th Floor, Counting House, »» UKCISA

53 Tooley Street, 9-17 St Albans Place

London SE1 2QN London N1 0NX

»» Telephone: »» Telephone:
020 7211 1500 020 7107 9922
Useful guidance is also available on the
»» Website:
UKCISA website: www.ukcisa.org.uk
www.oisc.org.uk

76
Notes

77
78
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