Higher education meaning

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency (DVSA) lodged a complaint with the Advertising Standards Authority (ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority (ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other considerations, the ASA is a fit and proper body, has adequate financial resources to ensure the effective performance of the Designated Functions, and will...

In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...

The University of Bristol v Dr Robert Abrahart (Administrator of the estate of Natasha Abrahart, deceased) (Equality and Human Rights Commission intervening) [2024] EWHC 299 (KB) What are the practical implications of this case? Although the duty of care issue was not determined, the court’s ruling unmistakably aligns with the arguments advanced by Natasha’s family. It acts as a clear prompt for universities to revisit their policies and procedures, ensuring they are rigorous and genuinely effective, particularly where students have identified mental health conditions. Mr Justice Linden’s judgment invites further debate about the scope of universities’ obligations—potentially reaching into how investigations are conducted and the safeguarding of those involved. The case has also energised a campaign urging government to introduce a statutory duty of care owed by universities to their students. Yet, unless and until such a measure is enacted, this High Court decision carries significant, wide-ranging consequences in its own right—encouraging more students with a relevant diagnosis to consider their rights...

This Practice Note reviews the principal issues and risks that routinely arise on major construction for education providers, spanning higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/Priority School Building Programme [Archived]. Typical procurement routes While any conventional procurement route can be used on an education project, three factors usually drive the route selected by education clients for their construction programmes: Nature of client Education clients seldom commission large capital schemes. It is not their core activity and, except for sizeable university estates teams, they rarely possess the in-house expertise to procure major works successfully. They are regarded as inexperienced construction clients. Funding Funding is often capped and time limited. As a result, works are commonly let on a fixed-price contract, typically at a higher cost, to secure the level of certainty and control sought by funders (public or private investment) and governors. See Funding below. Risk management Site risks on education schemes are generally...

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...

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...

The young person is now past 18, has finished secondary schooling and is moving on to higher education. The prior maintenance arrangement has now ceased, and the child intends to seek financial provision under Schedule 1 of the Children Act 1989 (ChA 1989) by making their application. Under ChA 1989, Sch 1, a parent, guardian, or special guardian of a child, or any person in whose favour a residence order is in force with respect of a child, may apply for a range of orders for the benefit of a child as provided under Sch 1...

For further information on this topic in general, see: National minimum wage—Eligibility Employment-related statutory rates and limits table Minimum wage compliance checklist Deductions from wages Some of the statutory exceptions to the right to receive the national minimum wage are outlined below. This response concentrates on the scenarios where the point most commonly arises. Workers only Only ‘workers’ are entitled to be paid the national minimum wage—see our Practice Note: Worker status—Definition of ‘worker’. Agency workers who would otherwise fall outside the definition of a ‘worker’ because they have no contract with either the supplier or the recipient of their services are nevertheless entitled to the national minimum wage. Home workers who might not otherwise be ‘workers’ owing to an absence of any personal obligation in the contract to carry out the work themselves are likewise entitled to be paid the national minimum wage. The genuinely self-employed are not entitled to be paid the national minimum...