London Daily

Focus on the big picture.
Friday, Jul 11, 2025

English universities risk breaking law over offer withdrawals, say ministers

English universities risk breaking law over offer withdrawals, say ministers

Regulators push universities to remove oversubscription loopholes after surge in higher A-level grades
Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.

For the last two years, the surge in A-level grades allowed more students than forecast to meet their offer targets, and some universities withdrew offers when it became clear that courses would be oversubscribed.

In a concerted push by the government, the Office for Students (OfS), the higher education regulator for England and the Competition and Markets Authority (CMA), universities have been told to remove the oversubscription clauses from their offers or face possible punishments from the regulators.

Michelle Donelan, the universities minister, told vice-chancellors that it was “vital” that their offers were fair as an incentive for hardworking students to attain their grades.

“It is therefore disappointing that, during previous admissions cycles, there have been instances of providers introducing oversubscription conditions that permitted them to withdraw places where the number of students meeting offer conditions exceeded the number of places,” Donelan said in a letter sent to all vice-chancellors in England.

The OfS said it was “concerned” that higher education institutions had added the oversubscription clauses to their contracts with students.

“Our view is that providers should not use such clauses, as doing so would probably contravene consumer law,” the OfS stated. “A potential breach in consumer law may prompt the OfS to investigate and, if appropriate, carry out enforcement action to address any failures to comply.”

The CMA, which regulates universities for possible breaches of competition law, reiterated its view that the offer and acceptance of a university place was effectively a legally binding contract, with the university obliged to reserve a place providing the student met specific entry requirements such as A-level grades.

A clause allowing wide discretion to cancel an accepted offer “is likely to be unfair under ‘unfair terms’ legislation”, the CMA said. Similar clauses that would limit the liability of a university if it fails to provide qualified students with a place “are inappropriate and potentially unfair”.

Universities UK, which represents the leadership of major institutions, said decisions on admissions were a key area of university autonomy, and that institutions were “well aware of their legal obligations under consumer law and strive to ensure these are met”.

University leaders say they have been forced to withdraw places or offer incentives for students to change courses or delay their study because of the uncertainty created by the pandemic, especially the government’s decision to cancel formal exams and use teacher-assessed grades instead. That led to a much higher number of top grades awarded than admissions offices had forecast.

Donelan also welcomed efforts by Universities UK and GuildHE to draw up a new sector-wide code of practice for admissions. But she also urged universities to reject the use of “conditional-unconditional” offers, which give students a guaranteed place in return for immediately rejecting all their other choices.

During the pandemic, the OfS placed a temporary ban on the use of these offers, which expired in September. Donelan said she would “strongly encourage” universities to continue “avoiding the use of conditional-unconditional offers and other practices which may place undue pressure on students to make choices”.
Newsletter

Related Articles

0:00
0:00
Close
Severe Heatwave Claims 2,300 Lives Across Europe
NVIDIA Achieves Historic Milestone as First Company Valued at $4 Trillion
Declining Beer Consumption Signals Cultural Shift in Germany
Linda Yaccarino Steps Down as CEO of X After Two Years
US Imposes New Tariffs on Brazilian Exports Amid Political Tensions
Azerbaijan and Armenia are on the brink of a historic peace deal.
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Weinstein Victim’s Lawyer Says MeToo Movement Still Strong
U.S. Enacts Sweeping Tax and Spending Legislation Amid Trade Policy Shifts
Football Mourns as Diogo Jota and Brother André Silva Laid to Rest in Portugal
Labour Expected to Withdraw Support for Special Needs Funding Model
Leaked Audio Reveals Tory Aide Defending DEI Record
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
London Stock Exchange Faces Historic Low in Initial Public Offerings
A new online platform has emerged in the United Kingdom, specifically targeting Muslim men seeking virgin brides
Trump Celebrates Independence Day with B-2 Flyover and Signs Controversial Legislation
Boris Johnson Urges Conservatives to Ignore Farage
SNP Ordered to Update Single-Sex Space Guidance Within Days
Starmer Set to Reject Calls for Wealth Taxes
Stolen Century-Old Rolls-Royce Recovered After Hotel Theft
Macron Presses Starmer to Recognise Palestinian State
Labour Delayed Palestine Action Ban Over Riot Concerns
Swinney’s Tax Comments ‘Offensive to Scots’, Say Tories
High Street Retailers to Enforce Bans on Serial Shoplifters
Music Banned by Henry VIII to Be Performed After 500 Years
Steve Coogan Says Working Class Is Being ‘Ethnically Cleansed’
Home Office Admits Uncertainty Over Visa Overstayer Numbers
JD Vance Questions Mandelson Over Reform Party’s Rising Popularity
Macron to Receive Windsor Carriage Ride in Royal Gesture
Labour Accused of ‘Hammering’ Scots During First Year in Power
BBC Head of Music Stood Down Amid Bob Vylan Controversy
Corbyn Eyes Hard-Left Challenge to Starmer’s Leadership
London Tube Trains Suspended After Major Fire Erupts Nearby
Richard Kemp: I Felt Safer in Israel Under Attack Than in the UK
Cyclist Says Police Cited Human Rights Act for Riding No-Handed
China’s Central Bank Consults European Peers on Low-Rate Strategies
AI Raises Alarms Over Long-Term Job Security
Saudi Arabia Maintains Ties with Iran Despite Israel Conflict
Musk Battles to Protect Tesla Amid Trump Policy Threats
Air France-KLM Acquires Majority Stake in Scandinavian Airlines
UK Educators Sound Alarm on Declining Child Literacy
Shein Fined €40 Million in France Over Misleading Discounts
Brazil’s Lula Visits Kirchner During Argentina House Arrest
Trump Scores Legislative Win as House Passes Tax Reform Bill
Keir Starmer Faces Criticism After Rocky First Year in Power
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
×