The Office for Students (OfS) opened a consultation in April 2026 to seek views on a new approach to consumer and student protection in English higher education, covering the following areas:
- Proposal 1: Introduce a new ongoing condition requiring providers to treat students fairly (C6)
- Proposal 2: Establish principles and requirements that are consistent with treating students fairly
- Proposal 3: Include all students, higher education and ancillary services, in scope of the condition
- Proposal 4: Require publication of specified documents and information on a single webpage
- Proposal 5: Remove requirements relating to student protection plans (C3)
- Proposal 6: Take a phased approach to implementation
This consultation ran from 16 April 2026 to 9 July 2026.
The OfS has proposed that all aspects of the requirement to treat students fairly (as set out in Proposals 1 and 2) would come into force with immediate effect upon publication of the final outcomes of the consultation. This is likely to be in autumn 2026. The requirement relating to publication (as set out in Proposal 4) would come into force three months later.
Our response
IHE supports the OfS's objective of ensuring that students are treated fairly and receive clear, accurate information about their courses, rights, and routes to redress. We welcomed aspects of the proposals, including the extension of consumer protection requirements to all registered providers and the removal of standalone student protection plans.
However, our response raises concerns about proposals that would go beyond existing consumer protection law without sufficient justification, creating duplication, additional burden and regulatory uncertainty. We argue that the OfS should provide greater clarity about how the proposed condition would be applied in practice, particularly in relation to partnership delivery, apprenticeships, transnational education, third-party services and ancillary services.
IHE also calls for a more proportionate implementation timetable. Providers will require sufficient time to review contracts, policies and student-facing information and to work with academic and delivery partners before the new requirements take effect.
Throughout our response, we emphasise the diversity of the higher education sector and the need for regulation that is clear, proportionate and capable of being applied consistently across different provider types and delivery models. We encourage the OfS to work closely with the sector to develop detailed guidance and practical examples to support compliance and improve outcomes for students.
Read our full response using the download link below.