OfS streamlines requirements for further education colleges offering higher education

Background

The OfS has confirmed changes to the conditions of registration that apply to further education colleges (FECs) offering higher education in England.

FECs offering higher education are subject to oversight by both the Department for Education (DfE) and the OfS. The changes are intended to reduce duplication between the two frameworks where the OfS considers that existing DfE oversight provides sufficient assurance.

As discussed in our earlier article, Proposed OfS reforms to the regulation of further education colleges offering higher education, the OfS consulted on proposals to disapply certain conditions of registration relating to access and participation, financial viability and sustainability and governance. The deadline for responses to the consultation was 10 February 2026.

The OfS has now published its consultation outcome and confirmed the changes it has made.

What has the OfS decided?

The OfS is disapplying five initial conditions of registration and four general ongoing conditions of registration for eligible FECs where it considers that the DfE already has robust oversight in place.

The conditions concerned are:

Initial and ongoing Condition A2, relating to access and participation statements;
Initial and ongoing Condition D, relating to financial viability and sustainability;
Initial Conditions E7, E8 and E9, relating respectively to governing documents and business plans, fraud and the inappropriate use of public funds and key individuals; and
Ongoing Conditions E1 and E2, relating respectively to public interest governance and management and governance.

The application of the changes depends on the condition concerned and whether an FEC holds, or is applying for, degree awarding powers (DAPs).

Access and participation statements

Initial Condition A2 will no longer apply to an FEC applying for registration in the Approved category or the Approved (fee cap) category where it intends to charge fees up to the basic amount. Ongoing Condition A2 has similarly been disapplied for registered FECs in those categories.

Affected FECs will therefore no longer be required to prepare and publish a separate access and participation statement. The OfS considers that this requirement duplicates existing DfE requirements for colleges to demonstrate how they will address barriers to participation, support disadvantaged learners and improve outcomes for underrepresented groups.

Condition A1 has not been disapplied. FECs charging tuition fees above the basic amount must therefore continue to maintain and comply with an OfS-approved access and participation plan.

Financial viability and sustainability

Initial Condition D has been disapplied for FECs applying for OfS registration where they are not seeking DAPs.

Ongoing Condition D has also been disapplied for registered FECs that do not hold DAPs and do not have a live application for DAPs. If an FEC subsequently applies for DAPs, ongoing Condition D will apply to it.

Respondents to the consultation broadly supported this proposal, referring in particular to the existing DfE arrangements for financial monitoring and intervention and the insolvency regime applying to FECs.

The OfS has retained Condition D for FECs that hold or are seeking DAPs. It considers that these colleges operate with greater autonomy and are directly responsible for matters including academic governance, standards, quality and the continuity of students’ studies.

Governance requirements

The OfS has disapplied initial Conditions E7, E8 and E9 for FECs applying for registration where they are not seeking DAPs.

These conditions concern:

The governing documents and business plans needed to demonstrate that the provider is able to comply with its conditions of registration;
Arrangements to detect, prevent and address fraud and the inappropriate use of public funds; and,
The suitability of individuals responsible for the management and governance of the provider.

The OfS has also disapplied ongoing Conditions E1 and E2 for registered FECs without DAPs and without a live DAPs application. These conditions concern compliance with the public interest governance principles and the adequacy and effectiveness of a provider’s management and governance arrangements.

The OfS acknowledged concerns that the DfE framework may not address every aspect of governance specific to higher education. However, it considers that governing bodies remain responsible for effective oversight of all provision delivered by their colleges, including higher education.

What remains unchanged?

The changes do not affect the other conditions of registration applying to FECs. The OfS will continue to oversee matters including academic experience, student outcomes, sector-recognised standards and student protection.

The changes also do not alter the principle that each registered provider remains responsible for complying with its conditions of registration where higher education is delivered through a partnership arrangement. This includes responsibilities arising under Condition E10 in relation to relevant sub-contractual provision.

The OfS will continue to use its wider monitoring, information-gathering and enforcement powers where concerns arise. It may also impose a specific ongoing condition of registration on an individual FEC where it considers this necessary.

When did the changes take effect?

The changes took effect on 9 July 2026. They apply to FECs already registered with the OfS and to applications for registration submitted on or after that date. The OfS has confirmed that colleges which submitted applications since the consultation opened in December 2025 have been able to make bespoke arrangements with the OfS.

There are no transitional arrangements, and affected FECs do not need to apply for the relevant conditions to be disapplied. The OfS has also confirmed that there are no immediate steps for registered FECs without DAPs, or without a live DAPs application, to take.

How we can help

Our team can help you understand and respond to these changes, including by reviewing your governance arrangements in light of the revised regulatory framework.