Sam Rose
Sam advises higher education institutions on governance; student disciplinary cases; fitness to study and fitness to practise; student disputes relating to teaching and assessment; freedom of expression; Prevent and Equality Act issues.
She also advises on information law, including complex freedom of information requests and data subject access requests.
Before joining the firm Sam worked as an education law specialist at the University of Oxford and as the Head of Strategic Litigation for the Consumers' Association (better known as Which?). As part of her role at Which?, Sam worked on projects considering consumer law compliance across the higher education sector, including looking at university advertising and student protection plans. She engaged with Government departments and regulators, including the Competition and Markets Authority and participated in the European Commission's REFIT exercise, reviewing the consumer law acquis. She was also actively involved with BEUC (the European consumer organisation).
Practice Area
Panels
- Consulting Editorial Board
- Contributing Author
Qualified Year
- 2011
Experience
- Mills & Reeve (Nov 2024 - Present)
- Penningtons Manches Cooper (2020 - Oct 2024)
- Consumers’ Association (Oct 2017 - Jun 2020)
- University of Oxford (Mar 2013 - Oct 2017)
- DAC Beachcroft LLP (Sep 2009 - Mar 2013)
Qualifications
- MA Law (2006)
- LPC (2009)
Education
- University of Bristol (2006)
3 Contributions by Sam Rose
PRACTICE NOTES
Prevent Duty under the Counter-Terrorism and Security Act 2015: Scope, Guidance, Information Sharing and Sector-Specific Duties (England, Wales and Scotland)
Since the Counter-Terrorism and Security Act took effect in 2015 (CTSA 2015), a range of ‘specified authorities’ have carried a statutory obligation, while performing their functions and duties, to show due regard to preventing individuals from being drawn into terrorism (the ‘Prevent duty’). This Practice Note explores where that duty comes from within the Government’s wider counter-terrorism approach (CONTEST) and, more particularly, within the Prevent strand of that strategy. It outlines the legislative footing, scope and substance of the duty, then looks at how it operates across particular fields, including local authorities, schools and childcare, health services, prisons and probation, and policing, before doing so sector by sector.
Counter-terrorism strategy
CONTEST, the Government’s overarching counter-terrorism strategy, first appeared in 2006 under the Labour government of the day. Its fourth iteration, released in June 2018, recognises that the terrorist threat to the UK is greater than when it was last issued in 2011, at that time, as shown by the 2017 attacks in London and Manchester, a stark reminder indeed. The purpose of CONTEST is to lessen the risk to the UK and its overseas interests from terrorism, enabling people to live their lives freely and with confidence. As revised in 2011, ...
Local Government
PRACTICE NOTES
Student discipline in higher education: contractual, consumer and public law framework; criminal overlap; fair process, sanctions and appeals; OIA oversight; OfS Condition E6 on harassment and sexual misconduct
This Practice Note examines the legal framework governing a student’s relationship with their higher education provider in the context of discipline. It reviews the contractual position, its interface with public law, statutory obligations and criminal law. It also outlines categories of misconduct that may prompt disciplinary proceedings, and the factors to assess before any action is initiated.
What power does a higher education institution have to discipline a student?
Although a student’s dealings with their university are regulated by several areas of law, including:
public law, including discrimination law (as set out in the Equality Act 2010 (EqA 2010))
statutory duties relating to freedom of speech on campus, human rights law
data protection laws
tort law, in respect of negligence claims, and
property law concerning student accommodation
the institution’s relationship with the student is predominantly contractual (Clark v University of Lincolnshire and Humberside). An institution’s authority to impose discipline therefore derives from that contract. See Practice Note: Higher education student contract. The student contract comprises all the key documents provided to prospective students and...
Local Government
PRACTICE NOTES
UK GDPR and the Freedom of Information Act 2000 in Higher Education: Compliance, DSARs, Research, Data Sharing, Breach Reporting and Key Exemptions
Data Protection Principles
This Practice Note outlines how the Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Freedom of Information Act 2000 (FIA 2000) operate within the Higher Education Sector, including universities. It proceeds on the basis that readers already understand core UK GDPR concepts such as:
controller
data subject
personal data
processing
processor
For more detail on these expressions, follow the links above to the relevant sections of Practice Note: Key definitions under UK data protection law. For broader introductions to data protection, see Practice Notes: Data protection law—new starter guide and Introduction to the EU GDPR and UK GDPR. The UK data protection law collection brings together additional general guidance on the UK GDPR framework and is a recommended first port of call for data protection research.
The UK’s data protection landscape is mainly set by the UK GDPR alongside relevant parts of the Data Protection Act 2018 (DPA 2018). See Practice Note: Data protection principles. Higher Education Institutions (HEIs) are, in general, subject to the same data protection principles and obligations as other organisations. The UK GDPR differentiates between ‘controllers’...
Local Government
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