OfS refers unis to National Trading Standards over contract concerns

The Office for Students (OfS) has referred several universities and colleges to National Trading Standards (NTS) after identifying potential consumer protection concerns in student contracts, including clauses linked to industrial action.

The referrals were made under an existing partnership between the higher education regulator and NTS, which examines notifications from the OfS about possible breaches of consumer protection legislation. The OfS said it had identified concerns with contractual terms that may unfairly restrict institutions’ responsibilities to students.

If NTS concludes that the contracts contain terms that could be considered unfair, the OfS expects to publish case studies naming the institutions involved. The regulator said these would be intended to help providers meet their legal obligations and regulatory requirements, and to help students understand how certain contract terms may affect their rights.

In April 2025, the OfS issued regulatory guidance setting out expectations for how universities and colleges should support students before, during and after periods of industrial action. The guidance was informed by the experiences of students affected by strikes and the measures taken by institutions to reduce disruption.

The guidance also stated that student contracts must comply with consumer law and should not include terms that incorrectly limit an institution’s liability during action taken by its own staff or in other circumstances within its control.

OfS deputy director of Quality, Jean Arnold, said: “Students invest a significant amount of time, money and effort in their higher education experience. It’s important that they are treated fairly and receive what they have been promised, including during periods of industrial action.

“Since we released our guidance on industrial action, many universities and colleges have taken action to ensure they’re meeting our expectations in relation to their contracts with students. However, we remain concerned that we are continuing to identify terms that may breach consumer protection legislation.”

She added: “We encourage all universities and colleges to reflect upon our guidance and make sure the contracts they use are fair and protect students’ consumer rights. Where we have concerns, we will continue to work with National Trading Standards to ensure institutions change their approach, including making referrals where we identify contractual terms that may be unfair.

“We will also continue to publish the outcomes of these referrals to help institutions and students better understand the types of terms that may be unfair in student contracts.’