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

How we propose to implement the proposals

Timing

55. These proposals would be implemented as soon as possible after any final decisions are made.
56. Subject to consideration of the views of respondents to this consultation, we propose to follow the timetable set out below:
    1. The consultation closes on 10 February 2026.
    2. We aim to publish our decisions about whether to adopt these proposals, with or without amendment, in early summer 2026.
    3. We aim to implement the proposals at the same time as decisions are published.
57. We expect that there may be some further education colleges that wish to apply to register with the OfS while the consultation is open, or further education colleges that are in the registration process before the consultation is published. We will engage with affected further education colleges on a case-by-case basis to discuss the assessment of their applications. We may, for example, consider deferring the assessment of the conditions subject to consultation until the outcome of the consultation is known.

Engagement with the DfE

58. If the proposals set out in this consultation are adopted, we will engage and share information with the DfE where appropriate and in accordance with our information sharing powers in HERA.
59. At the point of registration, we expect to engage with the DfE to ensure that any material concerns relating to a college’s financial health or governance are appropriately considered. This may include a process for us to ‘sense-check’ registration applications from further education colleges, where the DfE holds relevant information that could inform our assessment of the provider’s compliance with other initial conditions of registration that will continue to apply to it.

Consequential amendments

60. If the proposals in this consultation are implemented, with or without amendments, we expect that we would make a number of consequential changes to the regulatory framework and published regulatory advice.
61. We would expect to make consequential changes (or provide clarificatory guidance) in relation to:

The regulatory framework and ‘Regulatory advice 12: How to apply for degree awarding powers’.⁴⁴

62. For example in relation to:
    1. Ensuring that affected conditions continue to apply to further education colleges with DAPs and those applying for DAPs.
    2. Process changes to how we will assess financial viability and sustainability and management and governance when assessing a further education college’s eligibility and suitability for DAPs, to reflect that if a further education college intends to seek DAPs we would expect to seek information from the DfE.
    3. Setting out an extended indicative timeframe for the DAPs assessment period for a further education college that is applying for DAPs where the college did not have to comply with condition D and conditions E1 and E2 as ongoing conditions of registration.
63. We would also expect to make consequential changes (or provide clarificatory guidance) in relation to:

‘Regulatory advice 3: How to register with the Office for Students’⁴⁵ and ‘Regulatory notice 7’.⁴⁶

64. For example in relation to amending the registration application requirements notice, to remove:
    1. the requirements for a further education college to submit an access and participation statement and a link to where it is published
    2. the requirements that relate to initial condition D
    3. the requirements that relate to initial conditions E7, E8, E9.

Notes

44. See Regulatory framework for higher education in England; Regulatory advice 12: How to apply for degree awarding powers.
45. See Regulatory advice 3: How to register with the Office for Students
46. See Regulatory notice 7: Application requirements notice