Office for Students
Consultation

Proposals for reforms to OfS registration requirements

Published 06 February 2025

Summary of proposals

  1. Part 1 of this consultation sets out our proposal to introduce a new initial condition C5 (treating students fairly) that would replace existing initial conditions C1 (guidance on consumer protection law) and C3 (student protection plan). Initial condition C5 would test whether a provider applying to register will treat students fairly.
  2. We propose to focus the assessment criteria for the condition on identifying any behaviours that constitute unfair treatment of students. The proposed condition includes a list of behaviours that we propose should always be considered unfair.
  3. Our assessment would focus on documents we would expect a provider to already have available, rather than on documents and self-assessments created solely for the OfS’s purposes.
  4. We also propose to disapply ongoing condition of registration C3 for a provider that has been registered under proposed initial condition C5. We propose instead to strengthen consumer protection for students by ensuring that, following registration, the suite of student-facing documents that we have assessed through the registration process would constitute a provider’s student protection plan. We would expect this material to be published on the provider’s website so it is accessible and visible to students. This would ensure that students have access to detailed and consistent information about their contractual rights, and the steps their provider will take to protect their interests on an ongoing basis. Ongoing condition C4 will continue to apply to all relevant registered providers to ensure that additional robust protections for students can be deployed where a provider is facing a material risk of market exit.
  5. Full details of these proposals are set out in Part 1 of this consultation.

  1. Part 2 of this consultation sets out our proposals to introduce a new initial condition E7 (effective governance) that would replace existing initial conditions E1 (public interest governance) and E2 (management and governance). Initial condition E7 would test the effectiveness of a provider’s governance arrangements for the purpose of being a registered higher education provider.
  2. The proposed initial condition is divided into five separate, but connected, requirements:
    1. Requirement 1 (set of governing documents): requiring a provider to submit a set of documents that would enable effective governance of the provider in practice.
    2. Requirement 2 (business plan): requiring a provider to submit a five-year business plan setting out its strategy and demonstrating that it has a sound understanding of the context in which it will operate.
    3. Requirement 3 (knowledge and expertise): requiring a provider to have key individuals who have sufficient knowledge and expertise to enable it to comply with the OfS’s ongoing conditions of registration and deliver in practice its business plan and its fraud and public money arrangements. The proposed condition also sets out what knowledge and expertise we would expect key individuals at the provider to have.
    4. Requirement 4 (fit and proper persons): requiring that relevant individuals must be fit and proper persons for the purposes of ensuring the provider is suitable to: access and receive public funds; maintain public trust and confidence in higher education; and protect the interests of students.
    5. Requirement 5 (fraud and the inappropriate use of public funds): requiring a provider to have in place comprehensive arrangements for detecting, preventing and stopping fraud and the inappropriate use of public funds. If a provider has received or accessed public funds in the last five years, its track record must be satisfactory.
  3. Our assessment would focus on documents we would expect a provider to already have available, rather than on documents and self-assessments created solely for the OfS’s purposes.
  4. We are not proposing any changes to ongoing conditions E1 and E2. They will remain an important part of our regulatory framework that applies to all registered providers including those registered under proposed initial condition E7.

  1. Part 3 of this consultation sets out our proposals to impose new requirements for registration applications. This would be done by issuing a notice under section 3(5) of HERA. We propose to set out clearly and in one place the information that needs to be submitted at registration. We propose that a provider would need to submit all required information as part of its registration application or the application would be refused.
  2. As part of this we are proposing the inclusion of some additional information not currently required, including:
    • enhanced submission requirements relating to financial information
    • requirements to submit information in connection with the new proposed initial conditions C5 and E7 (if they are adopted)
    • a requirement to notify the OfS of any investigations to which a provider, or relevant individuals connected with the provider, has been subject in the last five years
    • a requirement to keep the OfS updated if certain matters occur during the application process.
  3. We also propose to increase the support we offer providers to help ensure they have understood the OfS’s requirements before submitting an application.
  4. Finally, we propose a restriction preventing a provider reapplying for registration within 18 months of having a previous registration application finally refused by the OfS.
  5. Full details of these proposals are set out in Part 3 of this consultation.
Published 06 February 2025
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