New Office for Students Consultation – Condition C6 “Treating Students Fairly” 

The Office for Students has announced a new consultation over a new ongoing condition of registration for institutions which it says is necessary to ensure they treat students fairly.

What does the proposed condition require?

The proposed condition – “Treating students fairly” – which would become condition C6, would replace two existing conditions: Guidance on consumer protection law (C1) and Student Protection Plan (C3). The new condition is also intended to establish:

• principles and requirements that are consistent with treating students fairly.
• that all students, higher education and ancillary services are in scope of the condition.
• positive requirements related to the OfS information requirements list
• negative requirements related to the OfS prohibited behaviours list
• negative requirements related to aggressive commercial practices
• a greater focus on governance and leadership responsibilities in relation to fair treatment of students
• a shift from redress to pro-active prevention of harm.

As part of the new condition, every registered institution would be required to publish on their website (on a single web page it seems) a set of key documents for students. These are expected to be clear and accessible to students and cover student protection arrangements such as student contracts, policies related to course changes, information on complaints, refunds and compensation together with agent information.

What are the pros and cons?

We have a number of broad concerns about the proposals. A central concern is that, while it is undoubtedly the case that students have the benefits of consumer protection, there is also widespread recognition that the consumer protection lens runs counter to the ethos, nature and realities of the higher education offer and experience in several key respects. In particular we would highlight some of the very features the consultation identifies warranting the ramping up of protections such as the duration and breadth of the relationship and the fact that it is a one-shot purchase which endures for a lifetime. These, combined with the fact that the sector is highly susceptible to external forces, political interventions and pressures outside its control, all point to a need for more balance, nuance and reasonable flexibility, rather than less. It would therefore helpful if these complexities could be recognised by the regulator rather than exacerbated by setting even higher expectations.

Other points of concern include:

• That the new draft condition explicitly goes beyond legal requirements and the standard that Parliament has deemed appropriate to protect consumers generally: the OfS is setting its own standards, which it will judge without, apparently, any objective benchmark.
• The implicit lack of trust in institutions to act fairly in relation to students – the language used implies that this rarely happens whereas many universities and colleges have been doing the right thing for students for a very long time. This affects the perception and reputation of the sector more widely.
• The risk that this kind of condition ends up driving down the opportunities for students as institutions focus on minimal compliance rather than offering the best that they can. Innovation and seeking to excel create more consumer protection risks than sticking with a safe, if uninspiring, offer.
• Whether the proposals are in fact proportionate or the burden they will impose is excessive relative to the issues which they seek to address.
• The intention that the condition applies to current students as well as new ones (ie retrospective application).

However, there is something to be said for:

• encouraging a strong student-centredness in decision-making and strategy setting,
• the proposed replacement of student protection plans with something more robust; and
• the ambition for consistent, coherent and clear presentation of key information for students in one place.

What are the next steps?

We will look to publish a more detailed response to the consultation in June to help others considering their approaches to the issues raised.

The details of the consultation can be found here. The consultation will close on 9 July 2026, and the OfS is expecting to publish its final decisions in autumn 2026. Somewhat surprisingly it seems that most aspects of the new condition would come into force at the same time as the outcome of the consultation is published, which leaves institutions with no time to implement the final requirements as modified through a meaningful consultation process. The requirements relating to publishing information on the website will come into force three months later but the timetable as a whole will be challenging for institutions.

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.