Universities banned from bad mouthing rivals and tempting students with 'conditional unconditional' offers

Universities have been banned from bad mouthing their rivals and tempting students with “conditional unconditional” offers.

Institutions must also refrain from making “false or misleading” statements about others which are intended to put students off applying there, according to the higher education watchdog, the Office for Students (OfS).

Any universities which continue to recruit students in this way will now be in breach of their registration condition meaning they could be fined up to £500,000, the regulator said.

The move follows reports that students have been inundated with unconditional offers in the wake of the Government’s announcement that A-levels are cancelled.

In March, universities were warned to stop making unconditional offers to boost student numbers as ministers say this is “destabilising” the admissions system.

Universities are anticipating a drop in the number of international students this year due to the coronavirus pandemic, meaning there will be a shortfall in places which they are now scrambling to fill with British school leavers.

The OfS said that the new condition of registration about offers is a temporary response to the coronavirus pandemic, and will be in place initially until September next year.

“The condition is designed to prevent the use of unconditional offers and advertising practices which could have serious negative consequences for students or for the stability or integrity of England’s higher education sector,” the OfS said.

“It expressly prohibits any university from giving out ‘conditional unconditional’ offers and making false or misleading statements about others with the intention of discouraging students from attending those universities.”

Michelle Donelan, the universities minister, said she welcomes the move by the regulator, adding that there is “no justification” for conditional unconditional offers.

“I do not want students to be taken advantage of and feel pressured into making a major life decision which might not be right for them,” she said.

“The OfS and Government are working closely together to tackle low quality higher education and stamp out bad practices such as conditional unconditional offers.”

Ministers have repeatedly warned institutions to stop handing out places to school leavers which come with strings attached. The number of unconditional offers has risen sharply in recent years, with students now 30 times more likely to receive one than five years ago.

Fierce competition between universities to attract students has seen sixth form pupils increasingly offered places regardless of their exam results. Some institutions hand out incentivised offers - known as "conditional unconditional" offers - where they tell students that their offer will be unconditional but only if they accept it as their first choice university.

The universities watchdog has previously warned that applying "psychological pressure" or "creating an impression of urgency" in decision making could be a potential breach of consumer protection law.

Nicola Dandridge, chief executive of the OfS, said: “We have previously highlighted that unconditional offers which are conditional on students accepting a university or college as their first choice put pressure on students and distort their decision making. Widespread use of unconditional offers also risks destabilising the system.

“Our concerns are even more acute in these exceptional times with the shape of the next few months and years still very unpredictable, and information, advice and guidance less readily available than it may normally be.”