Guidance

Implementing the Prevent Duty in higher education (HE): legal practitioners

Published 1 April 2021

Applies to England

1. The role

As a statutory duty, Prevent has clear implications for those providing legal support within higher education providers. Involvement of such staff will vary based on the particular institution, ranging from membership of particular decision-making boards to being consulted on an ad hoc basis when required.

2. Legislation

Higher education providers must ensure they pay 鈥渄ue regard鈥� to the need to prevent people being drawn into terrorism, as specified in the Counter-Terrorism and Security Act 2015. They must also consider other legislation, such as the:

  • - this Act includes the commitment of educators to free speech
  • - this Act has legislation on the importance of ensuring academic freedom
  • - this Act involves the responsibility to maintain human rights and equal rights
  • - this Act commits educators to equal treatment
  • and - these Acts commit institutions to the appropriate management of information
  • and - these Acts include the existing measures for combatting extremism and terrorism

The hosting and management of external speakers and events can be particularly complicated in light of such legislation and requires careful judgement. Several of the resources below may help providers navigate the complexity involved in free speech and events.

3. Resources

Training materials are available to help legal practitioners understand their role and ensure their provider fulfils their duty:

Other helpful resources include:

  • (Universities UK)
  • (Universities UK)
  • (Equality and Human Rights Commission)