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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
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.
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:
»» student welfare
»» 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.
4
Who’s Who in BAC?
Honorary President
The Lord Watson of Richmond CBE
Liberal Democrat Spokesman on Universities, House of Lords
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
»» 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
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.
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
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
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
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;
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.
16
2.4 Awards and advertise pathways to a degree as a degree
Qualifications award.
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)
18
19
3. Accreditation Processes
3.1 The Period of Accreditation 20
3.2 New Applications for Accreditation 20
3.3 Continuing Accreditation 24
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.
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
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
26
Scope of the inspection marked student work
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
»» 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.
29
5.1 Premises and Health and Safety
Minimum requirements
BAC’s inspectors must be satisfied that:
»» Class registers
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:
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
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
»» 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
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
»» 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
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
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
37
5.5 management of quality
Minimum Requirements:
BAC’s inspectors must be satisfied that:
»» Timetables »» Teachers
38
Areas Assessed External Awards:
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.
40
41
6. Supporting Documentation
REQUIRED FOR INSPECTION
6.1 Pre-Inspection Documentation 42
6.2 Documentation Required for Scrutiny during the Inspection 42
42
»» Records of homestay inspections
»» Disability strategy
»» Course descriptions
»» Course plans
»» Lesson plans
»» Course descriptions
»» Student files
»» Student handbook
»» Staff handbook
43
7. Accreditation Committee
7.1 Terms of Reference 44
7.2 Procedures 44
7.3 Membership 45
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.
44
7.3 Membership
The membership of the Committee is:
»» Chief Executive
»» 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.
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.
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:
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 5 Deadline for appeal notification and Deadline for appeal notification;
receipt of £750 deposit no deposit is required
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.
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.
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:
»» Stage 2:
£1320 plus £385 per inspector day
»» Stage 3:
£1320 plus £385 per inspector day
»» On-site inspection:
£1320 plus £385 per inspector per day.
»» 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.
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)
»» A deposit of £750 will apply for full appeal hearings. If an appeal is successful, the deposit of
£750 will be refunded.
»» Inspection reports and decisions on accreditation will not be released until full payment of
inspection fees has been received by BAC.
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
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
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
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;
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)
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
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:
68
E. Disability
1 Disability Discrimination 69
2 Disability in Private Education 69
3 Further Information 69
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
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
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);
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
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.
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
»» 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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