The Office for Fair Access (Offa) has published new guidelines that could force universities charging over £6,000 in tuition fees to invest a percentage into fair access schemes.

Universities are advised to spend between 15% to 30%, based on the proportion of under-represented students, of any extra amount charged above the standard £6,000 tuition fees on access schemes which will have to be approved by Offa on an annual basis. The guidelines would see top universities spending up to £900 of the £9,000 fee on fair access schemes. In 2009⁄10 Imperial spent 17.5% of the income from home and EU students’ tuition fees on fair access schemes.

However, some are skeptical about Offa’s ability to regulate universities. The body has only three full-time and one part-time member of staff, aside from its director. NUS President Aaron Porter has called the body a “weak and toothless regulator.”

There is a real risk that disadvantaged students in particular will start to feel they cannot afford to go to university Sir Martin Harris, Director of Offa

The guidelines are not binding and universities will continue to set their own targets. Additionally, it will be up to universities to decide whether they have a low proportion of under-represented students. Each year, under the ‘access agreement’ system universities submit plans to Offa detailing the measures to ensure fair access for under-represented students, such as outreach and improvement of school and college links. However, the plans are rarely if ever rejected and Offa has never imposed sanctions on a university.

The announcement comes after a month of confusion in the higher education sector as the government delayed the publication of its plans to reform universities. It was forced to retreat after it became clear that it didn’t have the legal power to prevent universities from charging the maximum £9,000 rate of fees. Currently only three universities have said that they plan to charge the maximum £9,000 rate: Cambridge, Imperial and Exeter. Oxford University has said that it would need to charge at least £8,000 to simply “maintain the status quo”, and many have warned that there will a ‘race to the top’ as universities will want to avoid damaging their image by charging less than the maximum rate.

Imperial College Union has backed Imperial’s decision to raise fees to £9,000 arguing that it will protect bursaries. President Alex Kendall has said “By increasing the fees to £9,000, those from lower income will have a much greater bursary scheme available to them.”

The Director of Offa, Sir Martin Harris, said that while access for higher education has increased considerably over the past five years, the “progress in improving access to the most selective universities has remained virtually flat”. He warns that under higher tuition fees that “There is a real risk that disadvantaged students in particular will start to feel they cannot afford to go to university”.

Offa’s director added that such changes have an unpredictable impact on student behaviour and the assessment of agreements will be amended in future years. Universities have until April 2011 to submit their 2012-2013 access agreements.