Any educational institution in the UK must have a strong understanding of legal rights and obligations in the education sector. This can be a complex landscape that is constantly changing, which can make it difficult for schools, colleges, and universities to keep up. Additionally, students should always be aware of the law and their rights to ensure that they are always protected. This post will explore legal rights in education looking at the latest updates and their implications for both students and institutions.
- Freedom of Speech and Academic Freedom in Higher Education
The Higher Education (Freedom of Speech) Act 2023 is designed to strengthen protections for free speech in universities, mandating policies that ensure open debate and protect students’ right to voice diverse views. This has an impact on universities by creating an obligation to create inclusive and balanced environments for discussion.
- Safeguarding and Wellbeing Obligations for Institutions
Educational providers also have important safeguarding responsibilities, including measures to protect students’ physical and mental wellbeing. Bullying, mental health, and discrimination are key areas that all institutions need to address, particularly when it comes to young and vulnerable students.
- Students as Consumers: Rights & Institutional Responsibilities
Updated guidance by the Competition and Markets Authority (CMA) sees students as consumers, with institutions required to be transparent when it comes to course content, fees, and contractual terms. This is important as it ensures that students know what they are committing to, which allows students to manage expectations and provides protection if courses do not live up to promised standards (this is important during a time when there are so many online courses available). Education solicitors can help institutions develop compliant terms and handle complex students complaints and disputes about service standards and contractual rights.
- Discrimination & Equality in Education
The Equality Act 2010 establishes legal frameworks designed to protect students from discrimination based on gender, race, disability, and other protected characteristics. Institutions must ensure inclusive practices and equal opportunities in all areas, including admissions, accommodations, and classroom policies.
- Contractual Rights & Course Delivery Commitments
Contractual rights and course delivery commitments have been a key area since the pandemic, which caused a huge amount of disruption and led to legal issues. Institutions must be transparent in terms of course delivery terms and outline formats and contingencies for course delivery in their contracts.
Legal rights in the education sector can be a complex area and one that is constantly changing. This makes it difficult for institutions to keep pace with the latest developments, while students should always be aware of their rights. The advice in this post covers the key areas of education law that all institutions and students should familiarize themselves with. Institutions must maintain compliance at all times in order to avoid legal issues as well as provide a fair, equal, and valuable learning experience to each and every student.