1.1. Phase overview

This phase sets the foundation for mergers or strategic transformations requiring legal and governance restructuring. It involves deep internal reflection, environmental scanning and the articulation of a compelling shared vision that anticipates governance implications and legal structure options. Institutions will need to assess their own strategic priorities, risks and readiness before and while engaging with potential partners.

The goal is to move from reactive survival strategies to proactive, values-led transformation.

Decision shaping will be initiated through exploring roles and responsibilities of all involved parties and includes four milestones:

  • institutional self-assessment
  • environmental scanning and scenario planning
  • shared vision development
  • strategic options evaluation.

Learning from sector experience highlights risks in this phase and their likely mitigations.

RiskMitigation
Misaligned visionsEngage key interested/impacted parties early in creating a vision which speaks to their needs, interests and expectations
Assuming a solutionCarry out effective internal reflection and environment scanning
Lack of clarity re strategyEmploy scenario planning and stress testing
Uncertainty re regulatory mattersEnsure early engagement with regulatory authorities
Cultural resistanceEnsure values-led visioning and shared options development

Decision shaping is aligned with the Advance HE Governor Competencies Map and the Framework for Leading in HE.

Governor Competencies MapFramework for Leading in HE
Strategic thinking

Risk oversight

Inclusive culture
Values-led leadership

Boundary setting

Self-awareness

Systems thinking

Wellbeing and sustainability

1.2. Decision spectrum

There will be several decision points that will underpin progress through this phase. Some will be binary while others might be more emergent, with decisions being made on a spectrum. Examples of decisions in this phase include:

BinaryEmergent
Merge or not

Strategic alignment

Legal structure

Governance model

Degree-awarding powers
What form could collaboration take?

Academic, operational, values-based and cultural compatibility

Brand identity and naming

How much resource will be needed (people and financial)

1.3. Key questions

Key questions to explore in decision shaping include:

Board membersLeadership teamsTogether
What oversight is required to ensure legal compliance and accountability?

What assumptions underpin our current strategy?

How do we ensure our vision is future-proof, inclusive and sustainable from an economic, social and environmental perspective?

Are we equipped to scrutinise strategic options meaningfully?
What are the needs, interests and expectations of internal and external interested/impacted parties?

What information, data and insights are we using and how robust and credible are they?
What does success look like for students, staff and society?

Whose knowledge and information is guiding decision-making? 

Are inherited legacies and hierarchies inhibiting the conversation?

How do we ensure our vision resonates across legacy cultures?

How do we balance optimism with realism in visioning?

What risks are we willing to take to achieve transformation?

What internal capabilities do we need to lead transformation?

How does our governance system enable inclusive decision-making?

1.4. Insights and learning

You can find out more about how other HEIs have approached this phase through the following case studies:

About

Governing and leading merger and strategic transformation: Insights and approaches in HE

This resource is designed to support higher education institutions in navigating strategic transformation that involves legal and governance restructuring (particularly merger).

Chat

Phase 2 – Decision making: early negotiation, due diligence and trust building

This phase consolidates work from the strategic landscape, visioning and sense making phase to one future path with a chosen partner(s) explored in detail. The focus is on values-led negotiation, robust due diligence and trust building across governance and leadership.

Team

Phase 3 – Decision taking: Merger execution, integration and value realisation

This phase moves from formal intent to legal merger or strategic transformation, past ‘Go/No-Go’ decisions to integration and value realisation. The focus is on execution at pace while maintaining values-led practice, psychological safety and clearly delegated authorities.