OfS to reduce dual-regulation burden on colleges

But full registration conditions will still apply to colleges with degree-awarding powers

But full registration conditions will still apply to colleges with degree-awarding powers

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.”

Latest education roles from

Head of SEND

Head of SEND

City of Wolverhampton College

Principal and Chief Executive

Principal and Chief Executive

Preston College

Headteacher

Headteacher

Immanuel College Church of England Academy

Executive Headteacher – Cleeve Park School

Executive Headteacher – Cleeve Park School

The Kemnal Academies Trust

Sponsored posts

Sponsored post

Apprenticeship reform: An opportunity to future‑proof skills and unlock career pathways

The apprenticeship landscape is undergoing one of its most significant transformations in decades, and that’s good news for learners,...

Advertorial
Sponsored post

Stronger learners start with supported educators

Further Education (FE) and skills professionals show up every day to change lives. They problem-solve, multi-task and can carry...

Advertorial
Sponsored post

Preparing learners for work, not just exams: the case for skills-led learning

As further education (FE) continues to adapt to shifting labour markets, digital transformation and widening participation agendas, providers are...

Advertorial
Sponsored post

How Eduqas GCSE English Language is turning the page on ‘I’m never going to pass’

“A lot of learners come to us thinking ‘I’m rubbish at English, and I’m never going to pass’,” says...

Advertorial

More from this theme

Colleges, Young people

Population-spiked colleges scrabble for cash ahead of real-terms funding cut

Real-terms base rate cut of 0.5% could force principals to reevaluate provision and staff pay

Anviksha Patel
Colleges

Free meals funding frozen in FE while schools rate rises

College leaders bite back at ‘insulting’ DfE decision

Josh Mellor
Colleges

Ministers accused of breaking 16–19 funding promise with 0.5% rate rise

An uplift on older T Level courses will also be removed in the new academic year

Anviksha Patel
Colleges

Children’s commissioner: Colleges forced to ‘mop up’ system failures

Rachel de Souza says young people in post-16 education often 'neglected' due to a narrow focus on schools in...

Josh Mellor

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *