Proposals for a new approach to consumer and student protection

Proposal 6: Take a phased approach to implementation

222. We propose to adopt a phased approach to implementation of the condition:

• All aspects of the requirement to treat students fairly (as set out in Proposals 1 and 2) would come into force immediately upon publication of the outcomes of this consultation. This is likely to be in autumn 2026.
• All aspects of the requirement relating to publication (as set out in Proposal 4) would come into force three months after the date of the publication of the final outcomes of this consultation.

Why are we making this proposal?

223. We want to establish a clear and shared understanding of fairness in the higher education sector, in the interests of students, as quickly as possible. Subject to the outcome of the other proposals in this consultation, we are therefore proposing that we would require a registered provider to ‘treat students fairly’ immediately upon publication of our final decision.
224. However, we recognise that a provider may need time to review, amend and develop the written documents that we would require it to publish under the condition, to ensure these are compliant with the requirement to treat students fairly. This may include amendments to existing documents (including standard contractual terms and conditions) that apply to its current students or that have already been shared with prospective students. Where this is the case, any amendments would need to result in beneficial changes for students: we would not expect a provider to make any changes that reduce a student’s rights or entitlements. In all cases, we would expect a provider to consult with students about any proposed changes to documents that affect them, clearly explaining the effect of the changes.
225. Given that providers will need time to undertake this process, we are proposing that the publication requirement would take effect three months after the date that we publish our final decisions. Our initial view is that this should allow a provider sufficient time to consult with students and follow internal oversight and sign-off processes. We recognise that some providers may have more work to do than others to develop compliant documentation. We would therefore provide support and advice to providers within the three-month period.
226. We consider it is important that students are immediately protected by the requirement to treat students fairly. However, we acknowledge that some aspects of this requirement are closely linked to the content of the documents that we propose requiring a registered provider to publish three months later. For example, the majority of the provisions in the proposed OfS prohibited behaviours requirements list (see Annex D) relate to a provider’s key documents, including its terms and conditions, course change policies, documents containing complaints handling processes, and refund and compensation policies. We recognise that a provider may need to time to review, revise and develop its written documents and we therefore propose to take this into account when considering regulatory action in relation to the requirement to treat students fairly during this period.

Detail of the proposal

227. Subject to the responses received to this consultation, we propose that we will publish the new ongoing condition alongside our final decision.

Table 5: Proposed dates when the requirements of the condition would come into force

228. The effect of our proposal is that, for a provider registered on or after the date that the additional three-month period has elapsed, all aspects of the condition would come into force for that provider on the date it is registered. This would include:

• all aspects of the requirement to treat students fairly
• all aspects of the requirement relating to publication.

229. However, where a provider is registered during the additional three-month period:

• all aspects of the requirement to treat students fairly would come into force for that provider on the date it is registered
• all aspects of the requirement relating to publication would come into force on the same date as for an existing registered provider, in other words, three months from the date of publication of the final outcomes of this consultation.

230. We have set out some illustrative examples in Table 6.

Table 6: Proposed dates when the requirement relating to publication would come into force for a provider that is not yet registered  

231. We are proposing this approach because we would expect a provider that is not yet registered to stay up-to-date with changes to ongoing conditions and take active steps in preparation for compliance from day one of its registration. A provider that is not yet registered would therefore have the same amount of time (three months) as a registered provider to prepare to comply with the requirement related to publication, albeit that it would need to take preparatory actions before registration. We note that a provider must prepare to comply with other ongoing conditions of registration immediately upon registration.
232. We are proposing we would require each registered provider to submit a declaration confirming the location of the single webpage to satisfy the publication requirement. We would require submission of this declaration:

• on or before the date the publication requirement came into force for any provider that is already registered or that is registered before the additional three-month period has elapsed
• within two weeks of the date of registration for any provider that is registered after the additional three-month period has elapsed.

233. After the requirement relating to publication comes into force, we would expect a provider’s documents to be in full compliance with the requirements of the condition.
234. We may consider random sampling of providers’ websites and published documents, including undertaking a thematic review to identify good and poor practice across the sector and publishing outcomes of this review.

Alternative options considered

235. We have considered alternative options, which can be found in Annex B. These are to:

• allow providers a shorter or longer time to comply with the requirement relating to publication
• differentiate between providers that will register, in future, under initial condition C1 and C3, and those that will register under initial condition C5.⁹⁰

Notes

⁸⁹ As set out in Proposals 1 and 2, there is a substantial overlap in our proposed requirement to treat students fairly with the requirements of consumer protection law. A provider may satisfy the condition without fully satisfying its legal obligations in relation to consumer protection law. A provider could therefore face consumer law action even if it satisfies the proposed requirement to treat students fairly.

⁹⁰ A provider that made an application for registration before 28 August 2025 (and which was live as of 27 August 2025) will be registered following assessment under initial conditions C1 and C3. A provider that made (or makes) an application for registration on or after 28 August 2025 will be registered following assessment under initial condition C5. For further information, see OfS, Notice of determination of initial and general ongoing conditions of registration, 2025.