68 Virtual Brochure – March 2025 Higher Education Governance For higher education, the framework for corporate governance is set out in the provider’s governance instruments. The OfS Regulatory Framework and related sector governance codes reflect accountability and ethical practice requirements, for example, under Condition E.2, the OfS Public Interest Governance Principles state The provider operates openly, honestly, accountably and with integrity and demonstrates the values appropriate to be recognised as an English higher education provider. The CUC Higher Education Code, which a large number of institutions have adopted states: Members of governing bodies must always act ethically in line with the principles of public life (the Nolan principles), the institution’s own ethical framework, and in the interests of the institution, its students and other stakeholders. As our most recent analysis of institutional risk registers demonstrates, “governance failure” does not feature highly. This suggests a high degree of confidence that risks around ineffective governance are well controlled and are operating effectively. It may also be that ethical12 and accountability frameworks are mature and well developed, with institutions relying on a range of mechanisms to ensure effective governance practice. For accountability, this may include powers of different bodies and individuals being encoded in statutes and ordinances; terms of reference and primary responsibilities; schemes of delegation; and assurance frameworks. Skills assessments document the experiences and attributes needed from governors, and policies and procedures set out how business will be conducted. For ethics, as well as mission statements, practice is more varied and potentially more implicit - some institutions have codified their ethical framework - covering all aspects of University activity, including governance, teaching, and research.13 For some, ethics and ethical decision-making are only codified for academic purposes.14 Whilst these mechanisms document responsibilities and where decision making takes place, the Public Inquiries referenced here have shown a lack of clear accountability around decisions on major business plans and their implementation, unethical business practice, and negligence with regard to the welfare and interests of patients, residents, and employees. These together can have disastrous consequences. 12 We note that the last sector wide perspective on how to manage ethics in Higher Education was undertaken in 2005. 13 Code of ethics (bath.ac.uk) 14 University Ethics Policy | University of Southampton
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