The Office for Students is consulting on plans to remove an “overlap” of regulation on FE colleges that provide higher education courses.
The higher education regulator is proposing to disapply five initial conditions of registration and four general ongoing conditions for colleges “where the Department for Education (DfE) already has robust oversight in place”.
These include requirements to prove financial viability and sustainability, a five-year business plan, fraud and inappropriate use of public funds arrangements and proof that key individuals at the college have sufficient knowledge and are fit and proper persons.
The consultation follows a strategy, announced in the post-16 white paper, that aims to increase higher education uptake and making the OfS the “single primary regulator” for all providers teaching level 4 and above courses.
OfS director of regulation, Philippa Pickford, said the consultation is in response to college sector concerns that the “complex regulatory landscape” is a barrier to offering higher education courses.
She added: “We also anticipate that the sector will expand when the government launches the Lifelong Learning Entitlement (LLE).
“In disapplying requirements where DfE already has robust oversight, we hope to make the registration process as smooth as possible for these institutions and ensure our regulation remains proportionate and risk-based.”
The consultation was published today and runs until February 10, 2026.
It comes ahead of the expected rollout of the LLE loan system in September 2026, which the government hopes will make level 4 and 5 higher education courses more easily available.
Several initial and ongoing conditions of registration will remain in place for colleges, such as the need for an access and participation plan, providing a high-quality academic experience, and proof of positive outcomes for students.
According to the report, colleges are already subject to a range of “robust” DfE measures to ensure effective financial governance, including the power to intervene or take “targeted action” to protect learners and public funds.
This includes a new level of intervention the DfE is consulting on separately, expected to allow officials to monitor higher risk colleges and mandate action through a ‘letter to improve’.
The OfS said this level of support is “sufficient to justify reducing the regulatory burden” for FE colleges.
But the proposals will only apply to colleges that do not have and are not seeking degree awarding powers.
A “fuller” set of conditions will remain for colleges with degree awarding powers because they “operate autonomously”, without the oversight of an OfS-registered validating partner, so have a higher level of risk of closure or financial difficulties.
Arti Saraswat, senior policy manager, higher education at the Association of Colleges, said: “Colleges are longstanding providers of higher education and play a crucial role in providing opportunities for students from disadvantaged backgrounds, so it is good to see that the OfS is acting to make it easier for them to offer higher education.
“This move recognises that dual regulation is unnecessary as well as being burdensome on colleges. A streamlined approach to regulation from OfS is extremely welcome, and is something we have been campaigning on for years.
“These proposals would mean that colleges can use their resources more efficiently, which would be extremely helpful as they prepare for the rollout of modular and flexible delivery under the Lifelong Learning Entitlement and as colleges play their vital part in delivering the new target for participation in higher education, and particularly at level 4 and 5.”
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