Proposed OfS reforms to the regulation of further education colleges offering higher education

Background to the consultation

Further education colleges or FECs (which for these purposes are either further education corporations, sixth-form college corporations or designated institutions established or designated under the Further and Higher Education Act 1992 (1992 Act) also provide flexible and diverse higher education pathways for students.

Currently, FECs offering higher education are subject to dual regulation by the Department for Education (DfE) and the OfS, and the resulting complexity can discourage FECs from providing higher education. With the introduction of the Lifelong Learning Entitlement (LLE) expected to expand the sector, the OfS believes it is timely to review its regulatory approach.

The consultation seeks to disapply certain conditions of registration for FECs already regulated by the DfE but not, with a single exception, for FECs with degree awarding powers (DAPs) or seeking DAPs.

The OfS hopes that, if adopted, these reforms could significantly reduce the regulatory burden for eligible FECs and remove a potential barrier to colleges diversifying their provision and offering higher education courses. 

Proposals

The OfS proposes to disapply the following initial and ongoing conditions of registration:

1. Access and participation for students from all backgrounds - initial and ongoing condition A2 (access and participation statement)
   The requirement for FECs to publish an access and participation statement setting out its commitment to support access to higher education by students from disadvantaged backgrounds would be removed. The OfS considers this duplicative, as FECs are already required by the DfE to publish annual accountability statements addressing barriers to participation and support for disadvantaged learners.
   Unlike the other proposals in this consultation, the OfS proposes that Condition A2 will be disapplied for all FECs, including those with DAPs.
2. Financial sustainability - initial and ongoing condition D (financial viability and sustainability) 
   FECs without DAPs would no longer need to meet this condition under OfS registration. The OfS considers that, due to the DfE’s financial oversight of FECs and the insolvency regime applicable to further education bodies, the regulation of financial viability and sustainability could be further simplified through the disapplication of this condition.
   As FECs with DAPs operate with more autonomy and award degrees directly, the OfS considers it appropriate that it maintains greater oversight of their financial viability and sustainability and retain the ability to intervene directly.
3. Good governance - initial conditions E7 (a set of governing documents and business plans), E8 (fraud and inappropriate use of public funds) and E9 (individuals) and ongoing conditions E1 (public interest governance) and E2 (management and governance)
   The OfS proposes to disapply these conditions for FECs without DAPs and FECs not seeking DAPs (as applicable) because the DfE already regulates FECs through a robust framework, including statutory intervention powers, governance requirements under the 1992 Act and the expectations set out in Managing Public Money. It considers this will generally avoid regulatory duplication. 
   As FECs with DAPs operate with more autonomy and award degrees directly, the OfS considers it appropriate that it maintains its own oversight of their governance and management and retain the ability to intervene directly where appropriate. 

Next steps

The consultation closes on 10 February 2026, and the OfS plans to publish its decisions in early summer 2026. If implemented, these changes could take effect shortly thereafter.

The OfS is inviting responses from stakeholders, including students, staff, and leaders at FECs offering or planning to offer higher education.

You can share your views via the online response form available on the OfS website. A copy of the consultation and how to respond is available here: Consultation on proposals to change how the Office for Students regulates further education colleges in England - Office for Students

For more information or advice on OfS registration and compliance, please contact our experts Joanne Burton, Morag Roddick, Thomas Pollitt, Paul Voller and Rachel Tonkin.