Consultation on proposals to change how the Office for Students regulates further education colleges in England

Executive summary

We are proposing changes to the way we regulate further education colleges in England. When a further education college offers higher education courses and is registered with the OfS, it is subject to regulation by both the Department for Education (DfE) and the Office for Students (OfS). We have heard from the sector that the complex regulatory landscape that further education colleges have to navigate can be a barrier to colleges diversifying their provision and offering higher education courses.²

Further education colleges play an important role in providing flexible and diverse higher education pathways for students. Registering with us enables colleges to access public funding and give students confidence that their institution meets our requirements for quality, student protection and support.

We anticipate that the sector will expand when the government introduces the Lifelong Learning Entitlement (LLE).³ That is why we think it is appropriate to consult on these changes now.

Our aim is to remove overlap of regulation for further education colleges already on the OfS Register. We also aim to make the process for further education colleges applying to enter the regulated higher education sector in England as smooth as possible.

For the purpose of this consultation a further education college means, a provider in the statutory further education sector established or designated under the Further and Higher Education Act 1992.⁴ These proposals are intended to:

• reduce duplication of regulation for eligible further education colleges regulated by the DfE
• make our registration assessments more efficient for eligible further education colleges by removing registration requirements where it is proportionate to do so.

Consultation proposals

To achieve our aims, we propose to disapply five of our initial conditions of registration and four general ongoing conditions of registration for eligible further education colleges where the DfE already has robust oversight in place:

• initial and ongoing condition A2 (access and participation statement)
• initial and ongoing condition D (financial viability and sustainability)
• initial conditions E7(a set of governing documents and business plans), E8 (fraud and inappropriate use of public funds) and E9 (Individuals)
• ongoing conditions E1 (public interest governance) and E2 (management and governance).

The majority of these proposals would apply to further education colleges that do not hold degree awarding powers (DAPs) or are not applying for DAPs.

Reasons for this consultation

We have recently made changes to OfS registration requirements to ensure that our tests remain suitable for the current and future context of the regulated higher education sector.⁵ This is necessary because the profile of providers seeking registration has shifted. New applicants are often less likely to have an established track record in delivering higher education compared with those registered when our processes were first introduced. We want to ensure that these new entrants are equipped to manage the increased risks facing the sector.

However, it is our view that statutory further education providers seeking OfS registration—without applying for DAPs—should not be assessed in the same way as entirely new providers.

We consider that the proposals in this consultation, if implemented, will give students, the public and the sector confidence that our regulation remains proportionate and risk-based, and we are registering providers efficiently and appropriately. These providers have the support and oversight of the DfE to deliver high quality provision, meet learners’ needs and navigate current challenges. We are committed to ensuring that our regulation remains appropriate in this evolving context.

Next steps

The consultation will close on 10 February 2026. We will then analyse and consider the responses and make decisions about our proposals.

We are proposing that these changes would be implemented as soon as possible after any final decisions are made. We expect this to be in early summer 2026.

Notes

2. See Regulation, higher education, and further education colleges.
3. See Lifelong Learning Entitlement.
4. See Further and Higher Education Act 1992.
5. See Reforms to OfS registration requirements.