Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Higher education definition

What does Higher education mean? In legal practice, higher education describes post-secondary study and research delivered by universities and other recognised providers, ordinarily leading to a degree or an equivalent qualification. The expression is used across contracts, regulation and litigation, and is also given statutory meaning in specific contexts (for example, the Further and Higher Education Acts and HERA 2017 in England and Wales; the Scottish further and higher education legislation; Northern Ireland education orders; and, in Ireland, the Universities Act 1997 and the 2012 QQI Act). Typical legal markers are: courses at RQF level 4+ (E&W/NI), SCQF level 7+ (Scotland) or NFQ levels 6–10 (Ireland); awards...

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

Published by a LexisNexis Local Government expert

Practice notes

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...

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Kris Robbetts

VWV

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....

Web page updated on 26/05/2026

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