Part 1: Proposals for new initial condition C5 - Treating students fairly

1. We propose to introduce a new initial condition of registration (condition C5) that would place a requirement on a higher education provider to treat students fairly. This would replace existing initial conditions C1 and C3 for all providers seeking registration with the OfS, and for providers applying to change their category of registration. We also propose that ongoing condition C3 would not apply to any provider registered under proposed initial condition C5. Instead, after it is registered, the provider would need to publish a suite of student-facing documents, which we would review through our assessment of initial condition C5. These documents would constitute the student protection plan for these providers.
2. Under our proposals, a provider would be able to demonstrate that it meets the requirements of initial condition C5 where there is no evidence that it treats students unfairly.
3. Our proposals do not affect ongoing regulatory requirements for providers that are already registered with the OfS (except where a provider applies to change its registration category). We are not proposing any changes in relation to ongoing condition C1 (Guidance on consumer protection law) or ongoing condition C2 (Student complaints scheme), which would continue to apply to all providers registered with the OfS.
4. In this part of the consultation, we are seeking views about our detailed proposals relating to treating students fairly and the reasons for our proposals. The consultation questions are listed in full in Annex A. We have set out the alternative options we have considered in Annex B. The draft initial condition and associated guidance are in Annex C and, subject to the outcomes of this consultation, this is the text that would be published in the OfS’s regulatory framework to set out entry requirements for new providers seeking registration. Annex D contains a draft ‘OfS prohibited behaviours list’, which forms part of the proposed initial condition. Annex E contains template text for a provider’s published student protection plan, which we are proposing a provider would need to publish on its website following its registration with the OfS.

5. As set out in our draft strategy for the period 2025 to 2030 (pages 11 to 12), we regulate primarily in the interests of students and it is more important than ever that we explicitly identify those interests and place them at the centre of our work.¹ It is therefore appropriate to consider this when we are reviewing our initial conditions of registration. Ensuring providers get this right from the beginning will reduce the possibility of things going wrong and mean that students are treated fairly and that their interests are protected.
6. Through our work with providers seeking registration we regularly see unclear or misleading information published on their websites. This sometimes includes information about fundamental aspects of a provider’s offering, such as its ability to offer recognised degrees or to call itself a university. We see contract terms that unfairly favour the rights of the provider over the rights and interests of students, for example by limiting the provider’s obligations in circumstances that are likely to be within its control. We also see complaints processes, and refund and compensation policies, that limit students’ ability to seek redress when things go wrong. When we hosted a series of focus groups with students in the summer of 2024, students expressed scepticism about whether they would always be treated fairly.
7. Students should receive clear, accurate and timely information; their relationship with their university or college should be governed by fair terms and conditions; and there should be fair mechanisms for dealing with complaints, refunds and compensation. Students should be able to understand the protections available to them in circumstances where the provider can no longer deliver their course (either at all or in the manner advertised). It is important that our initial conditions of registration provide the right tests so that only providers that treat students fairly in this way are registered.

1 See OfS, ‘Consultation on OfS strategy for 2025 to 2030’.

8. To address the problems we have seen, we propose a new initial condition of registration (condition C5). This condition would require a provider seeking registration to treat its students fairly. The condition would state that a provider will be deemed not to treat students fairly if specific ‘unfairness’ criteria are met, or if there is evidence of detriment to students which the OfS judges is not justified. This would be assessed with reference to the provider’s track record and its behaviours, as evidenced by the information it currently publishes on its website and the documents it intends to use to govern its relationships with students after it is registered. These would be the documents a provider uses (or intends to use) in its real-world relationships with students. This would move away from a requirement that tests whether a provider has had ‘due regard to relevant guidance’ to a requirement that tests whether the provider treats students fairly in practice. We propose that new initial condition C5 would replace existing initial condition C1.
9. We also propose that the new condition would replace initial condition C3. Under initial condition C5, a provider would submit its policy (or policies) setting out the basis on which it may make changes to its courses, qualifications, modes of study, teaching location and facilities. This policy will also set out how students will be treated fairly in these circumstances. Once registered, a provider would publish this policy (alongside its terms and conditions, refund and compensation policies and complaints processes) as its ‘student protection plan’. We propose that the ongoing condition C3 would not then apply to a provider that has been assessed against the proposed condition C5 as part of its registration application. Our initial view is that this would ensure that the full range of risks to continuation of study for students would be covered in the policies of each provider, and these policies would also include a sufficiently detailed account of how the provider would respond in these circumstances to ensure that students are treated fairly. We also think that this would represent an efficient, effective and economic use of the resources of providers and the OfS.
10. We have included, as Annex B, alternative options we have considered. We welcome views on these alternatives alongside comments on our proposals. The introduction to this consultation (Annex B: Matters to which we have had regard in reaching our proposals) sets out the matters to which we have had regard in formulating these proposals.²

2 See Introduction to the consultation on new registration conditions.

Proposal 1 To introduce a new initial condition of registration (initial condition C5) to replace initial condition C1

Proposal 2 To focus the new initial condition on fairness for students

Proposal 3 To test fairness with reference to unfairness

Proposal 4 To determine whether a provider treats students fairly with reference to its behaviours and its track record

Proposal 5 To determine the scope of the initial condition with reference to a provider’s relationships with current, prospective and former students and its provision of higher education and ancillary services

Proposal 6 To require submission of a provider’s student-facing documents

Proposal 7 To remove initial condition C3 (and replace with initial condition C5)

Proposal 8 To expect a provider assessed under initial condition C5 to publish specified student-facing documents within two weeks of its registration

Proposal 9 To change the applicability of ongoing condition C3 so it would not apply to a provider assessed under initial condition C5

11. This consultation is scheduled to close on Wednesday 23 April 2025. The introduction to this consultation (How we would implement these proposals) sets out how we would implement the proposals in this consultation, including a proposed timetable for implementation.³

3 See Introduction to the consultation on new registration conditions.