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The higher education regulator has opened an investigation. That is not the same as finding fault

Qurexa Editorial Team21 October 20266 min read 0 0
The higher education regulator has opened an investigation. That is not the same as finding fault

What happened

On 20 October 2026 the Office for Students announced that it has opened an investigation into Irshad Trust, a registered higher education provider in England which trades as The Islamic College. The Office for Students, usually shortened to the OfS, is the independent regulator of higher education in England. Providers that want access to things like student finance have to register with it and meet ongoing conditions. The investigation concerns compliance with what the OfS calls its E conditions. Those cover management and governance. In plain terms, the investigation will look at whether the provider has effective governance arrangements, including whether it applies the public interest governance principles in practice. The OfS was unusually explicit about what this does and does not mean. Opening an investigation means only that it has identified potential concerns that need further scrutiny. It does not mean that any non-compliance or wrongdoing has taken place. There is relevant background on the OfS's own site. When the provider was registered, the OfS imposed ongoing conditions, one of which requires the trust to add at least one governing body member who is independent of the provider and has significant experience in higher education governance. Separately, the OfS has published a case report on work with National Trading Standards about the information the provider gives students about its courses. The OfS notes on that matter that only a court can decide whether consumer protection law has been breached. No outcome or timeline for the investigation has been published.

Why this matters

Most coverage of higher education is about large universities. Most of the regulatory work is not. England has a long tail of small and specialist providers, and they matter to the people who study at them. If a provider's governance fails, students can lose course credit, funding or a qualification they were part-way through. They are usually the last to know. That is why governance conditions exist, and why they can look dry while mattering a great deal. "Effective governance arrangements" means, concretely: are there enough people on the governing body who can say no, do they have the expertise to spot a problem, and are they independent enough to raise it? The point about independence is the one to hold on to. The condition the OfS imposed at registration asks for at least one governing body member who is independent of the provider and experienced in higher education governance. Small providers often struggle with this, because the people who founded the institution are also the people who run it. The wider reason this matters is the principle in the OfS's own caution. A regulator opening a file is a normal part of regulation working. Treating it as a verdict damages institutions that turn out to have done nothing wrong, and it also teaches regulators to open fewer files.

What the evidence actually says

Here, being careful is the whole job. What is established: the OfS has opened an investigation; it concerns the E conditions on management and governance; a condition about appointing an independent, experienced governing body member was imposed at registration; and a separate OfS case report exists concerning work with National Trading Standards on course information. What is not established: anything at all about the outcome. There is no finding. There is no sanction. There is no timeline. The OfS's own words are worth repeating because they are often skipped: opening an investigation does not mean that any form of non-compliance or wrongdoing has taken place. On the Trading Standards matter, the OfS is equally careful: only a court can determine whether consumer protection law has been breached. A regulator raising a concern is not a court reaching a judgment. One practical caution for anyone searching for this online. There is a separate Bradford-based charity with a similar name, Irshad Welfare Trust, registered with the Charity Commission. It appears to be a different organisation. Mixing the two up would be unfair to both. The responsible position is to wait for the OfS to publish findings, and to read them when it does.

Practical advice

If you are a student at a provider under investigation, your course continues unless you are told otherwise. An investigation is not a closure notice. Keep your own records. Save copies of what you were told about your course before you enrolled: the prospectus page, the offer letter, the fee information, emails. If anything is later disputed, contemporaneous documents are what count. Know where to complain. For academic complaints about a provider in England or Wales, the Office of the Independent Adjudicator for Higher Education handles cases once the provider's own process is exhausted. The OfS is a regulator, not a complaints service for individual students. If you are choosing a provider, check the OfS register before you apply. It shows a provider's registration status and any specific conditions imposed on it. Conditions are public, and reading them takes ten minutes. If you are a governor or trustee anywhere in the sector, the useful question this story prompts is an internal one: is there at least one person on your board who is genuinely independent and who understands the regulatory framework well enough to challenge a decision? And if you see this story shared online, check which organisation is actually named before passing it on.

What to know

The Office for Students opened an investigation into Irshad Trust, which trades as The Islamic College, on 20 October 2026. It concerns the regulator's E conditions on management and governance, including whether the provider has effective governance arrangements and applies public interest governance principles. The OfS states explicitly that opening an investigation means only that potential concerns need further scrutiny and does not mean wrongdoing has occurred. A condition requiring an independent, experienced governing body member was imposed at registration, and a separate case report concerns work with National Trading Standards on course information, where the OfS notes only a court can decide whether consumer law was breached. No findings or timeline have been published. A similarly named Bradford charity is a different organisation. Sources: Office for Students, "Investigation into Irshad Trust", 20 October 2026, https://www.officeforstudents.org.uk/news-blog-and-events/press-and-media/investigation-into-irshad-trust/ ; Office for Students, "OfS referral to Trading Standards: Irshad Trust", https://www.officeforstudents.org.uk/for-providers/student-protection-and-choice/students-as-consumers/ofs-referral-to-trading-standards-irshad-trust/ ; Office of the Independent Adjudicator for Higher Education, https://www.oiahe.org.uk/ This article is for general information and does not replace advice from a doctor, pharmacist or other qualified healthcare professional.

#Office for Students#higher education#governance#regulation#students as consumers#universities

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