Governance in higher education is under increasing scrutiny, and getting it right has never been more important.
As expectations from regulators, stakeholders and students continue to grow, governing bodies are under greater pressure to demonstrate that their governance arrangements are robust and effective. Governance is about more than institutional performance alone; it is central to public confidence, student interests and the reputation of the UK higher education sector, both domestically and internationally.
No quick fixes
Effective governance cannot fully compensate for inadequate management, but poor governance can result in serious problems for an institution. There are no quick fixes for getting higher education governance right. Well-publicised cases have demonstrated how quickly governance failings can become broader institutional issues, compounding operational challenges and undermining confidence in leadership and decision-making. A combination of poor practice, weak reporting and oversight, and cultural failings can leave both a governing body and an institution in a very difficult position.
Addressing these challenges does not guarantee that an institution will avoid governance problems. However, it does help ensure that institutions are better placed to navigate an increasingly complex operating environment. Governance failures are often easy to identify after the event, whereas effective governance can be much less visible. When governance is working well, it can often fly under the radar: it is embedded in decision-making, oversight and institutional culture.
Getting governance right requires a clear focus and a consistent approach over time. Unambiguous and practical guidance can therefore be invaluable. This is where IHE’s refreshed Code of Governance for Independent Providers of Higher Education comes in.
More than simply a statement of principles, it provides a framework and practical guidance to support governing bodies in navigating risk, accountability requirements and effectiveness challenges of the contemporary higher education environment. Developed following consultation with IHE Members and in collaboration with the wider higher education community and law firm Shakespeare Martineau, the Code is designed to remain effective in a rapidly evolving regulatory and operating environment.
When governance is working well, it can often fly under the radar: it is embedded in decision-making, oversight and institutional culture
No single approach
The diversity of UK higher education is one of its greatest strengths. Institutions operate across a wide range of specialisms and serve different student populations. This diversity necessitates different approaches to delivery, management and governance. While the principles of good governance remain consistent across higher education, the ways in which they are applied must reflect the nature, scale, ownership and mission of individual institutions.
The IHE Code of Governance sits alongside the Committee of University Chairs’ (CUC) Higher Education Code of Governance, sharing the same commitment to accountability, effectiveness, transparency and institutional success. However, it has been developed specifically for the diverse range of independent providers operating across the UK.
What makes independent higher education providers unique?
IHE’s membership comprises almost 100 institutions operating outside the traditional, publicly funded university sector. Members deliver provision across a wide range of academic and professional disciplines, serving diverse student populations through a variety of delivery models, including flexible and work-based learning.
One of the most significant distinctions within the independent sector is the variety of ownership models. Alongside charities and not-for-profit organisations, this includes private for-profit institutions, independent colleges and corporate-backed institutes - in some cases closely linked to the industries and employers they serve. While these providers often share the same regulators and accountability requirements as universities, their structures and governance arrangements can differ significantly. This diversity of ownership lies at the heart of why a dedicated IHE Code of Governance is needed.
IHE Members are expected to meet rigorous standards and demonstrate an ongoing commitment to quality, accountability and good governance. Membership reflects an expectation of responsible institutional stewardship and a shared ambition to be recognised for excellence in the distinctive areas in which institutions operate. The refreshed Code forms an important part of that commitment, helping institutions strengthen oversight and contribute positively to a healthy and trusted higher education sector.
A Code for a diverse sector
The refreshed Code sets out a shared set of governance principles that individual institutions can adapt to their own circumstances. While the principles represent recognised standards of good governance, the ways in which institutions deliver them in practice will vary according to their size, structure and operating model. This reflects a central principle of the Code: good governance looks different across institutional contexts, but the underlying expectations of accountability, transparency and effective oversight remain the same.
The flexibility built into the Code also recognises that institutions evolve over time. Governance arrangements that are appropriate for a small or newly established provider may need to develop as an institution grows, diversifies its provision or increases in complexity. The Code therefore provides a benchmark against which institutions can assess their governance arrangements at different stages of their development, while retaining the flexibility to respond to changing needs and circumstances.
The Ten Principles remain unchanged from the original (2021) publication of the Code. As before, they provide a baseline against which institutions can evaluate their governance arrangements and consider where further development may be needed. However, the refreshed Code includes extensive updates to reflect developments across the sector. These include strengthened provisions relating to board effectiveness, boardroom culture and behaviours, governance in the interests of students, and the embedding of risk management across board processes.
Putting the Code into practice
The Code is intended to be used on an “apply or explain” basis, and institutions should publish how they have adopted it. Boards are encouraged either to apply the practices outlined within the Code or explain why they have chosen an alternative approach that achieves the same objectives. This recognises differences in institutional scale and governance structures. For example, some providers may delegate responsibilities or decisions to a range of subcommittees, while others may manage these directly through the Board itself. Where a provider chooses a different approach, it should be able to articulate clearly how that approach achieves the same underlying objectives.
To support implementation, IHE has collaborated with partner organisations to develop supplementary resources to accompany the Code. Published guidance already offers practical advice on strengthening board capability, supporting governor development and ensuring effective oversight of institutional mental health strategies. Further guidance is currently in development and will address additional aspects of effective governance practice.
Effective governance is not simply a matter of compliance. It underpins institutional resilience, student success and public confidence in higher education. By combining shared standards with practical flexibility, the IHE Code provides institutions with a framework for developing governance arrangements that are robust, accountable and responsive to change. In a sector facing increasing scrutiny and growing complexity, that matters more than ever.
Code of Governance for Independent Providers of Higher Education
Podcast - Governing Independently: introducing the new IHE Code of Governance
For a deeper exploration of the themes explored in this blog, listen to Episode 8 of the Extenuating Circumstances podcast. In conversation with Paul Greatrix, Director of Higher Education Consultancy at Shakespeare Martineau, IHE Board Members Marion Lowe and Andrew Boggs, discuss the rationale behind the refreshed IHE Code, the distinctive characteristics of independent higher education providers, governance culture and the role the Code can play in supporting institutions to develop effective and resilient governance arrangements.