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...

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

Published by a LexisNexis Local Government expert

Practice notes

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...

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Sam Rose

Mills & Reeve

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...

Web page updated on 21/05/2026

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