Wonkhe SUs · The 2026 webinar box set
Essentials #3: Students' unions and the law
A grounding in the main legal frameworks that surround students’ unions – and the grey areas and regulation that enforces (or, more often, doesn’t enforce) them.
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A grounding in the main legal frameworks that surround students' unions – charity law, education law and the growing body of regulation that sits on top. We look at why most SUs are charities and what that brings (and restricts), the duties on officers and trustees, free speech, and the grey areas where the rules often go unenforced – so officers understand where they stand and where the risks lie.
What we cover
- Students’ unions sit in a complex legal landscape – shaped by charity law, education law and a growing body of regulatory obligations; understanding the framework is about knowing the rules of the game, not limiting ambition
- Most SUs are charities – which brings benefits (tax relief, grant funding) and restrictions (limits on political campaigning, rules on spending); these protect public trust but provoke debate about autonomy and activism
- Key legal cases – from Sussex in the 70s to Anglia Polytechnic in the 90s – drew a crucial line: students can discuss and debate politics, but using union funds to campaign on issues not directly affecting students as students is not charitable, and therefore unlawful
- That distinction matters – unions can campaign on things like public transport to campus or local student housing, but not national foreign policy or general elections; students can do so personally, but the SU, as a charity, can’t fund it
- The Education Act 1994 sets out what an SU is – placing duties not on the SU but on the university, to ensure the union is democratic, accountable and transparent; but enforcement is patchy and case law is lacking
- Universities must have a Code of Practice – outlining how they meet the Act and what rights students have, including the right to opt out of membership; many universities have let this slip and many SUs have forgotten it exists
- Other legal areas matter too – from health and safety to data protection, employment law to consumer rights, plus newer frameworks like Martyn’s Law and the Foreign Influence Registration Scheme
- The core takeaway: understanding the law helps SUs be brave and safe – enabling student-led organisations to push boundaries and make change while protecting their reputation and resources
Things to read
- Need to know: the law on students' unions
- Briefing – Why can't SUs campaign on whatever they like?
- Charity Commission Operational Guidance on SUs
- (Scotland) OSCR: Protecting charitable status
- (For smaller/alt unis) The Higher Education and Research Act 2017 (Further Implementation etc) Regulations 2019
- David versus Goliath: The past, present and future of students' unions in the UK
- Once there was a war on students' unions
- Do students' unions waste money?
- Sabbs as trustees, codes of conduct, free speech and the St Andrews Rector case
- Here's what SU officers need to know about a new duty to prevent fraud
- What the Supreme Court ruling on "woman" means for SUs
- What (incorporated) SUs need to know about changes to company law
- Martyn's Law: What SUs need to know
- The Foreign Influence Registration Scheme (FIRS), SUs and international societies
- The government is amending the Employment Rights Bill – here's what SUs need to know
- Here's what SUs need to know about the Online Safety Act
- SUs as charities and external advertising
- Tensions on campus and beyond – legal rights and regulatory risks for SUs
- How the "Prevent" duty actually works in universities and SUs