Proposals for a new approach to consumer and student protection

Introduction

What we are consulting on

1. We propose to introduce a new ongoing condition of registration (condition C6) that would place requirements on registered higher education providers to:

• treat students fairly; and
• publish a set of documents that would constitute its student protection arrangements.

2. This new ongoing condition would replace existing ongoing conditions C1 (Guidance on consumer protection law) and C3 (Student protection plan) for all registered providers.
3. We are not proposing any changes to ongoing conditions C2 (Student complaints scheme), or C4 (Student protection directions), which would continue to apply to all providers registered with the OfS.
4. We are seeking views about our detailed proposals and the reasons for these.
5. This document constitutes our consultation for the purposes of sections 5(5) and 75(8) of the Higher Education and Research Act 2017 (HERA).¹⁰
6. We are conducting this consultation in accordance with the government’s consultation principles.¹¹

Why we are focusing our attention in this area

7. It is important that students are treated fairly throughout their higher education experience. For most people, choosing whether, what and where to study higher education is a one-off decision. Choosing the right course and provider requires a significant commitment of time and effort, as well as a substantial financial commitment, and it can be challenging and costly to change courses.
8. Prospective students should therefore expect clear, accurate and comprehensive information to support their decisions and for providers to deliver the experience that was promised and resolve issues when they arise. Students have also told us that this matters to them.
9. Students expect universities and colleges to treat them fairly and deliver on commitments.¹² Unfortunately, our experience suggests that this is not happening consistently enough across the sector and some students do not have a confident grasp of their consumer rights and entitlements.¹³ It is therefore clear to us that we need to change the way we regulate.
10. Driving improvement in this area is a priority for the OfS. This is reflected in our strategy for 2025 to 2030,¹⁴ which includes our goal that students receive the higher education experiences they were promised. For this reason, we recently strengthened our regulatory framework by introducing initial condition (C5: Treating students fairly), which providers must satisfy before they can be registered with the OfS.¹⁵ This is also why we are now consulting on a new ongoing condition (C6: Treating students fairly), which we are suggesting should build on the standards we require at registration and apply to all registered providers on an ongoing basis.
11. We recognise the important role played by other bodies in protecting students, including the Competition and Markets Authority (CMA),¹⁶ and the Office of the Independent Adjudicator for Higher Education (OIA), which operates the statutory complaints scheme.¹⁷ As set out below, we have engaged with these partners, as well as other stakeholder groups, in developing our proposals.

Engagement with stakeholders

12. During November 2025, we conducted pre-consultation engagement to gather feedback on a potential new ongoing condition focused on fairness and including mandatory requirements (or rules) and principles. We held a series of meetings and roundtable discussions, including with sector bodies, the OfS Student Interest Board,¹⁸ the National Union of Students, the OIA, the CMA and National Trading Standards (NTS).
13. Stakeholders welcomed the OfS’s ambitious and collaborative approach to a proposed new condition. Sector bodies expressed a preference for a new condition to be clearly aligned with existing law to minimise regulatory burden. During our pre-consultation engagement, most stakeholders supported a principles-based approach and suggested that principles should be caveated rather than absolute. They also were keen that we provide clarity on any behaviours that it always considered to be unfair, supported by guidance and real world examples.
14. Feedback from the OfS Student Interest Board in December 2025 and February 2026 and a Student debrief session held on 27 January 2026 included support for:

• consumer protection across the entire student journey
• the inclusion of the proposed positive fairness principles that require providers to be proactive about fair treatment
• transparency and consistency within and between providers.

15. The feedback of stakeholders has directly informed the development of the proposals that are set out in this consultation.

Summary of our proposals

16. We propose to introduce a new ongoing condition of registration (C6: Treating students fairly) to replace existing ongoing condition C1.
17. The new condition would set clear expectations for the fair treatment of prospective, current and former students across higher education and ancillary services. The overarching requirement to treat students fairly would be supported by a set of underpinning principles and requirements.
18. The new condition would also replace the existing ongoing condition C3 requiring a provider to have a student protection plan, with a new requirement for a provider to publish important documents governing its relationships with students.
19. Our proposals comprise the six elements listed below.

20. The remainder of this document is structured as follows:

• Proposals 1 to 6 set out our detailed proposals, why we are making these and alternative options considered.
• Annex A lists our consultation questions.
• Annex B provides additional detail on alternative options.
• Annex C contains the draft new ongoing condition and associated draft guidance. Subject to the outcomes of this consultation, the text at Annex C would be published as part of the OfS’s regulatory framework.
• Annex D sets out a draft ‘OfS list of information requirements and prohibited behaviours’. This would be published separately to, but would form part of, the proposed ongoing condition.¹⁹
• Annex E contains mandatory standard wording, which we are proposing a provider would need to publish on its website (alongside specified documents) to explain its student protection arrangements.
• Annex F sets out the matters to which we have had regard in formulating our proposals, which include:
  • our general duties under section 2 of HERA
  • the Public Sector Equality Duty
  • statutory guidance from the Secretary of State
  • the Regulators’ Code.

Next steps

21. The consultation will close on 9 July 2026. We will then analyse and consider the responses and make decisions about our proposals, which we expect to publish in autumn 2026.
22. Subject to the responses received, we are proposing a phased approach to the implementation of the proposed condition (see Proposal 6 for further detail).

Notes

¹⁰ Gov.UK, ‘Higher Education and Research Act 2017’.

¹¹ Gov.UK, ‘Consultation principles’, last updated 2018.

¹² OfS, ‘Understanding the student interest. Students as ‘consumers’ of and ‘investors’ in their education’, 2025.

¹³ See further the ‘Proposal 1’ section of this consultation.

¹⁴ OfS, ‘The OfS strategy 2025 to 2030’.

¹⁵ OfS, ‘Condition C5: Treating students fairly’ and ‘Guidance’.

¹⁶ The CMA is responsible for enforcing consumer protection law across all sectors of the economy in the UK, with sector regulators such as the OfS in higher education having a role in addressing sector-specific issues.

¹⁷ OIA, ‘Our Scheme’. The OIA is guided by its Good Practice Framework, which sets out principles for fair and transparent complaints processes, academic appeals and disciplinary processes.

¹⁸ OfS, ‘Student Interest Board’.

¹⁹ Taken together, the text in Annex B and C would set out our regulatory requirements for registered providers.