Kris Robbetts
Kris is an education lawyer at VWV LLP, undertaking regulatory compliance work within one of the largest education practices in the UK. He has nearly 20 years' experience of advising education institutions nationally on the full range of student and pupil related issues including admissions, discipline, exclusions, complaints, discrimination, fitness to practise, safeguarding, incident management and the impact of legal and regulatory change. Kris acts for a wide range of secondary and tertiary education providers, many of which are internationally renowned. Kris has degrees from Oxford University and University College London and, prior to qualification as a solicitor, undertook graduate study and research as a British Academy (AHRB) scholar.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2006
Membership
- Education Law Association (ELAS)
Education
- Diploma in Law, University of Birmingham School of Law (Distinction)
- MSc, The Bartlett, University College London (Distinction)
- MA, Keble College, Oxford (Double First)
3 Contributions by Kris Robbetts
PRACTICE NOTES
Higher education institutions' public law and regulatory obligations: free speech and academic freedom, Prevent and Protect, equality (including PSED), admissions, reasonable adjustments, fairness, institutional autonomy and academic judgment
This Practice Note outlines the public law obligations of higher education institutions (HEIs) arising from statute and from conditions attached to institutional funding arrangements. It addresses, in particular, freedom of speech under section 43 of the Education (No 2) Act 1986 (E(No 2)A 1986), academic freedom, the prevent and equality duties operating within the HEI setting, as well as fair access and participation duties designed to promote and encourage admissions from under-represented applicant groups. The link between an HEI and its students is founded on private contract yet also exhibits public law features of significance. This is because, although education is supplied to individuals as a service in return for fees, HEIs fulfil a clear societal role and receive public subsidy. Legislative reforms have broadened certain public law duties and heightened tensions between protected freedoms and constrained rights. This Practice Note summarises, at a high level, the core higher education (HE) public law duties and how they continue to evolve, develop and take shape.
Freedom of speech
Freedom of expression (including speech) can be properly described as the right to voice lawful views and opinions without fear of censorship. HEIs exist to serve society and to advance knowledge by openly...
Local Government
PRACTICE NOTES
Office for Students (England) regulation under HERA 2017: establishment, functions, registration, conditions, monitoring, sanctions and funding
The Higher Education and Research Act 2017 (HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education (HE) in England, the Office for Students (OfS), is created, alongside arrangements for a new register of providers across the system. Further particulars on the OfS’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation (UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general provisions, including co-operation and information sharing between the OfS and UKRI, transitional steps, and pre-commencement consultation.
Establishment of the OfS
The OfS is a statutory corporate body created by statute. It is not to be treated as a servant or agent of the Crown, nor as holding any Crown status, immunity or privilege (HERA 2017, Sch 1). The OfS must comprise members appointed by the...
Local Government
PRACTICE NOTES
Student–university contracts in higher education: formation, consumer protection and regulatory requirements, academic and disciplinary procedures, equality, accommodation, tuition fees, data protection and complaints handling
Unlike other education sub-sectors, UK higher education has been slow to embrace standardised contract templates. Nevertheless, every HE provider uses student contracts to set out core duties and ensure compliance with consumer law and student protection requirements. This Practice Note explores the legal nexus between students and their HE institutions, with particular attention to the point at which that relationship crystallises into a contract. It also addresses regulatory obligations arising from statute and the effects of regulatory scrutiny...
Legal status of relationship with students
Universities take a variety of legal forms. Traditionally, many have been established by Royal Charter (for eg Oxford and Cambridge) or by bespoke Acts of Parliament (for example, the University of London). Others are incorporated as companies under the Companies Act 2006. See Practice Note: University governance in England. Higher education corporations were introduced by the Education Reform Act 1988, which also conferred corporate status on further education institutions that met statutory enrolment thresholds. The Further and Higher Education Act 1992 granted all HE corporations full university status, provided for internal governance, and left their underlying legal nature unchanged. HE corporations have...
Local Government
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