by Peter Kahl, 15 August 2025
This paper examines the systemic vulnerabilities in the governance of the United Kingdom’s higher education sector, identifying a convergence of market fragility, fiscal exposure, and entrenched governance opacity. Drawing on policy analysis, statutory interpretation, and documentary evidence, it argues that these weaknesses constitute a governance crisis with significant economic and political implications. The case study of the Higher Education Policy Institute (HEPI) illustrates how incomplete statutory records, nepotism, and trustee entrenchment mirror patterns of network capture and epistemic gatekeeping found across the sector. The paper advances the normative framework of ‘Directors’ Epistemic Duties and Fiduciary Openness’ {Kahl 2025}, proposing statutory reforms to embed active inquiry, independent verification, and proactive disclosure into governance practice. Recommendations include establishing a Higher Education Prudential Authority, mandatory sector-wide stress testing, conflict-proofed parliamentary oversight, and transparent fee structures. The analysis situates higher education alongside other sectors of critical national infrastructure, arguing for comparable standards of prudential regulation to protect public trust and systemic stability.
higher education governance, fiduciary duties, epistemic duties, fiduciary openness, governance opacity, market fragility, fiscal exposure, parliamentary oversight, regulatory reform, prudential regulation, network capture, Higher Education Policy Institute, transparency, public accountability, critical national infrastructure
Peter Kahl, ‘When the Higher Education System Flashes Red: Governance Opacity, Fiduciary Failure, and the Risk of Systemic Collapse’ (Lex et Ratio Ltd 2025) <https://github.com/Peter-Kahl/When-the-Higher-Education-System-Flashes-Red>
First published in Great Britain by Lex et Ratio Ltd on 15 August 2025.
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