Welcome to the first edition of our new sector specific e-News, bringing you all the latest developments and legal updates impacting Further and Higher Education Institutions. 

Watch the below video to gain more insight to our education team

The Higher Education Freedom of Speech Bill - What it means for Academic Freedom

The Higher Education Freedom of Speech Bill ('the Bill') was introduced by Parliament on 12 May 2021. The Bill's intended aim is to strengthen the legal duties placed on higher education providers in England and Wales to protect freedom of speech on campuses across the country, for students, academics and visiting speakers. New measures have been proposed that will require universities and colleges registered with the Office for Students (OfS) to defend free speech. For the first time, these legal duties will extend to Student Unions (SUs). Currently, institutions, but not SUs themselves, have to ensure that they are, as a minimum, taking 'reasonably practicable steps' to ensure lawful freedom of speech in accordance with Section 43 of the Education (No. 2) Act 1986.

The Cost of Living Crisis in the FE / HE Sector - Student and Staff Implications

With the cost of living skyrocketing in recent months, the pressure of the crisis continues and is being keenly felt throughout many sections of society, including those in the further and higher education sectors. Below we look at the ways the crisis is impacting both students and staff and consider ways in which institutions can potentially offer help and support.

Recent guidance from Universities UK - ‘Changing the culture: tackling staff-to-student sexual misconduct’ and why it is important for Institutions  

According to the Office for Students (‘OfS’), students are more likely than others to be subjected to sexual harassment. Universities and Colleges therefore play an important role in tackling this issue and trying to reduce and indeed prevent sexual misconduct.  The ways in which higher education providers do this, including the ways in which they respond to incidences of sexual misconduct on campus, is subject to close scrutiny from all angles.  With the #metoo movement still creating waves and the Environmental, Social and Governance (‘ESG’) agendas of organisations coming into clearer focus, Universities and Colleges have no option but to ensure the topic of sexual harassment and misconduct is woven into their policies, procedures and practices.

It is against this backdrop that Universities UK has recently published its suite of guidance documents entitled 'Changing the culture: tackling staff-to-student sexual misconduct'. It includes strategic guidance, practical guidance, evidence results and a legal framework, collectively designed to help organisations navigating this difficult area.

Commercial contract considerations for Further and Higher Education Establishments

The procurement of goods and services by further and higher education establishments such as colleges and universities are a constant necessity for their effective operation, often through entering into commercial supply agreements and contracts. Billions are spent each year on purchasing the supply of everyday goods and services.

Further Education Colleges reclassified as Public Sector Bodies  

On 29th November 2022, the Office for National Statistics (‘ONS’) reclassified further education corporations, sixth form college corporations and designated institutions in England (‘Colleges’), as public sector bodies, forming part of Central Government.

This decision is a significant change for the sector. Prior to it, colleges were classified as private sector bodies and had been since 2012. The decision comes after a review from the ONS of the classification of all sectors of the economy, and as a result of it colleges will officially be part of central government once again.