- By Charlie Tennant, Vice Principal at the London School of Science & Technology.
Higher education franchising is once more in the limelight for the wrong reasons, as many in the sector again question its benefits, the risks it poses to public funds and the use of it by niche, emerging and/or for-profit higher education providers. However, the stories and discourse miss the key factors that have allowed for abuse of the franchise model. It is gaps in higher education regulation that have led to franchising being scapegoated for what is, at its core, abuse by rogue providers that do not represent the vast majority of those engaged in franchising.
Franchising is a model through which UK universities have delivered higher education for over two decades. Internationally, this forms part of many forms of Transnational Education (TNE), that as seen in Universities UK International (UUKi)’s Scale of UK Higher Education Transnational Education reports, continues to grow in scale. Locally, providers have adopted the franchise model since the mid-2000s, although since then, the market for many of those providers has changed from international students to local students. This change meant the number of students at these providers who were eligible for Student Loans Company (SLC) funding has grown. The model allows institutions that have found new approaches, differentiated courses, or cold spots of higher education to develop and expand their provision, with a significant portion of them hoping to one day gain their own Degree Awarding Powers (DAPs).
However, the regulation of domestic franchise provision has not been as robust as it could be. The onus has rightly been put on the universities that are franchising their courses to ensure academic quality and standards of the franchise delivery, although there is currently no direct regulation of higher education franchise providers. Therefore, while some blame can be apportioned to universities engaged in franchising, it can be argued that the Department for Education (DfE) and policymakers’ approach to regulating higher education franchises has led to gaps open to abuse by rogue providers. Furthermore, routes for franchise providers to gain DAPs have been prolonged and made complex by the pause in processing of registration applications by the Office for Students (OfS). Now, the abuse of SLC funding by particular providers of the franchise model, reported by the Sunday Times in an article on 22nd March 2025 and in several articles since then, has brought the reputation of all franchise providers into disrepute, and connected the abuse to use of recruitment agents and the settled Romanian population in the UK.
In a January 2025 press release for their consultation on franchise provision regulations, the Government outlined the benefits of franchising when done right, and its intention to crack down on rogue higher education providers. Professor Nick Braisby’s HEPI blog published in response to the consultation, rightly welcomes the Government’s new proposals, but asks for the sector to remain critical. This blog therefore proposes three ways in which to ensure the Government and the OfS achieve what they hope to through the crackdown.
Firstly, the DfE, policymakers and the OfS need to enable quicker routes for franchise providers to join the regulator’s Register. This will allow greater scrutiny at an earlier stage in the lifecycle of an emerging higher education provider (which make up the majority of providers delivering franchised courses) and introduce a focus on their governance structures. Since the set-up of the OfS Register, providers have experienced long lead times for joining the Register, and on top of this, from December 2024, the regulator paused applications for the Register, DAPs and changes of registration category, thus exacerbating the issue of missing opportunities to directly regulate more franchise providers. This is counterintuitive given the OfS’s remarks around the risks associated with an over-reliance by both universities and franchise providers on partnership provision in their Insight Brief regarding subcontractual arrangements in higher education published just two months prior to the pause. The OfS’ Register of providers has the potential to be a great tool for transparency, but the current lead times and design of the approach lead to gaps in regulation that can be exploited by rogue providers.
Secondly, instead of considering an outright ban, the DfE should implement a robust quality framework for domestic student recruitment agents. As a blueprint, they should draw from the established Agent Quality Framework (AQF) developed by the British Council, Universities UK International (UUKi), and the UK Council for International Student Affairs (UKCISA). As with international student recruitment, the unregulated use of agents for domestic recruitment presents significant risks. By adopting a structured quality framework, the DfE and OfS can mitigate these risks and foster greater transparency and accountability. Agents, when operating under clear ethical guidelines and quality standards, can play a crucial role in widening participation, particularly by reaching communities historically underserved by traditional university outreach, for example, the UK’s settled Romanian population. A tailored framework can help to ensure transparency, effective governance and the establishment of professional standards of agents.
Finally, the DfE, policymakers and the OfS need to engage more with franchise providers and their university partners jointly. So far, engagements have been disjointed, with either a university or one of their partner franchise providers engaged separately. This creates barriers to collaboration, which would otherwise aid in the pursuit of greater transparency, oversight and the maintenance of academic quality and standards. Bringing both universities and franchise providers together when engaging will enable the Government to find ways to both demonstrate the benefits of franchise provision, as well as develop regulatory approaches and guidance collaboratively with stakeholders. This joint engagement with universities and their partner franchise provider could pave the early steps towards a sector-wide code of practice, an idea discussed in HEPI and Buckinghamshire New University’s Debate Paper on franchising. This could then sit alongside collaboratively developed regulations that would ensure rogue providers cannot abuse regulatory gaps. It will also help to establish a more balanced burden of regulation between universities and their franchise provider partners, and safeguard the reputation of franchise provision.
Ultimately, effective regulation of the broader higher education student journey, streamlined registration, and collaborative engagement are crucial. By addressing these systemic gaps and promoting transparency, the policymakers, DfE, OfS, and the higher education sector can restore faith in franchising and ensure its legitimate benefits are realised.