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9 July 2026

OfS removes regulation duplication for colleges

HE regulator removes nine overlapping registration and ongoing conditions after consultation

Josh Mellor

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The universities regulator has lifted multiple “overlapping” requirements placed on FE colleges that deliver higher education courses.

It follows an Office for Students consultation on proposed rule changes that received “consistent support” from the college sector earlier this year.

The changes come into effect today and will remove five conditions of registration for colleges that are applying to deliver higher education courses, and scrap four ongoing conditions placed on colleges that are already registered with the OfS.

Overlapping burdens the regulator had placed on colleges alongside existing Department for Education rules included producing statements covering participation by disadvantaged or underrepresented groups, financial viability and sustainability.

OfS interim director of quality and access, Jean Arnold said: “With the changes we have announced today, we’re making it simpler for FE colleges to take up their crucial role in the regulated higher education sector.

“In doing so, they will be able to give their students confidence that they will meet the same high expectations we have for all institutions to deliver high quality teaching and learning, student protection, and support.

“It’s important that we have high standards for every institution that wants to register with us and access public funding – but the way we regulate shouldn’t get in the way of further education colleges offering students a flexible and diverse route into higher education.”

Some of the requirements, such as providing a statement on financial viability and sustainability, will continue to apply to colleges seeking degree awarding powers.

The OfS said this is because colleges with degree awarding powers will be directly responsible for overseeing academic governance, standards, and the continuity of students’ study.

Responses to the consultation came from 45 organisations and individuals, including FE colleges, sector bodies, universities and individuals.

According to the OfS’ consultation summary, most responses supported a more “proportionate” approach to regulation that reduces duplication.

Some respondents raised concerns about creating a “two-tier system” for colleges with and without degree awarding powers.

But the regulator said colleges without degree awarding powers are subject to external validating or awarding arrangements with higher education providers as well as DfE oversight.

A small number of respondents called for OfS fees to be cut for colleges in line with the reductions in regulatory requirements, but the regulator pointed out that registration fees are set by the DfE.

The DfE is carrying out a separate consultation into a new fee structure that closes on July 21.

The regulatory change comes amid a crisis in university funding and growing debate over the value of some degrees.

It also comes ahead of the expected rollout of the lifelong learning entitlement loan system in September 2026, which the government hopes will make level 4 and 5 higher education courses more easily available, including through modular courses.

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