External briefings and guidance for SUs
This page contains links to briefings and guidance from government bodies, think tanks and umbrella bodies that is officially aimed at or about UK students’ unions.
The law
The Education Act 1994 is an act passed by the Parliament of the United Kingdom under John Major’s government in 1994, which primarily established the Teacher Training Agency and allowed students to “opt out” of students’ unions.
Part II focusses specifically on the legal definition of a students’ union and requirements on their practice and form.
Section 43of the Education (No. 2) Act 1986 imposes an obligation on university governing bodies to take reasonably practicable steps to ensure that freedom of speech within the law is secured, both on university and student union premises.
SUs are charities
“Operational guidance” covers the Charity Commission’s policy and practice based on charity law. OGs are written for its staff to help them carry out their work in a fair and consistent way. They are designed to make the legal background to its policy clearer and for staff to access more easily the information to help them as they take forward a case. Because the commission is committed to conducting its work as openly as possible, it publishes OGs on its website as well as internally.
OG48 specifically covers SUs, and looks at what an SU is; the structure, charitable status and legal forms of SU’s; the relationships between SU’s and their partner establishments; democratic decision making and activity; political activity and campaigning and commercial activities; speakers and events and “No Platform” polices and risk management.
Free speech and events
In 2018 the House of Commons and House of Lords Joint Committee on Human Rights published guidance on free speech and events
Free speech: guidance for universities and students organising events
In 2011 NUS, in conjunction with UUK and the Charity Commission, produced guidance on external speakers with separate versions for England/Wales and Scotland
Managing the risks associated with external speakers
In 2009 the Equality and Human Rights Commission produced guidance on free speech and freedom of expression aimed at universities and SUs
In 2016 a QC opinion was sought by NUS on recurrent legal issues regarding the conduct of debates, motions and speaker events by students’ unions and other aspects of the affairs of students’ unions and the duties of their officers
In 2016 a further QC opinion was sought by NUS on legal issues concerning the relationship between universities and SUs.
In 2014 the EHRC produced work for universities and SUs on gender segregation
Gender segregation at Events and Meetings: guidance for Universities and Students’ Unions
Freedom of information
SUs are formally not covered by FOI, although correspondence with and data held on the SU by the university is:
Even when they share staff and accommodation with a public authority, they are not subject to the Freedom of Information Act. Information belonging to the union which is stored on the premises or systems of a public authority is deemed to be held by the public authority on behalf of the union, and is therefore not subject to the Act.
See here for the original guidance.
University governance
In 2011 the Committee of university chairs and NUS jointly produced guidance on the responsibilities of university governors towards SUs
Equality and diversity
In 2007 the Equality Challenge Unit, the Association of Managers in Students’ Unions and NUS undertook joint work on “inclusive” students’ unions.
Inclusive Students’ Unions: Survey Findings 2007
Inclusive Students’ Unions: Equality and diversity in practice
International sabbs
The UK Council for International Student Affairs (UKCISA) has published specific guidance on international students that are elected as students’ union sabbatical officers
UKCISA: Students’ union sabbatical officers
Complaints
In 2020 the Office of the Independent Adjudicator produced a toolkit of information aimed at SUs, their staff and officers.
ACCESSING THE OIA: TOOLKIT FOR STUDENT REPRESENTATIVE BODIES