Legal background and UCL policy framework

Our approach to the duty is underpinned by both external legal context and an internal framework of policies and procedures.

The legal background

The Counter Terrorism and Security Act (CTSA) was passed in 2015 and all specified authorities in England and Wales became subject to the new Prevent Duty on 18 September 2015. CONTEST is the UK's counter-terrorism strategy which aims to reduce the risk from terrorism to the UK, its citizens and interests overseas. The government has published an updated and enhanced version of CONTEST in July 2023.

Read further information from the Department of Education on the Prevent Duty.

The Office for Students and Freedom of Speech

Compliance with the Prevent Duty is regulated by the Office for Students (OfS) who have responsibility for assessing how providers meet the requirements under the new duty. Matters which affect compliance with the Prevent Duty are considered reportable events by the OfS. For more details about reportable events, please see the Reportable events page.

The Higher Education (Freedom of Speech) Act 2023 confers upon the Office for Students additional regulatory powers concerning Freedom of Speech and Academic Freedom. The Act places new duties on Universities and Students' Unions which are: the duty to take steps to secure freedom of speech and the duty to maintain a code of practice. The duty to promote freedom of speech applies only to Universities and other registered higher education providers. These duties apply from 1 August 2024. Any relevant updates will be reflected in UCL policies and procedures as necessary.

Further information has been published in an Insight Brief.

Relevant Legislation

Section 31 of the CTSA requires universities to have particular regard to their pre-existing statutory obligation. The Education Act (No 2) 1986 imposes a positive and proactive legal duty on universities (Section 43) to promote and protect freedom of speech on campus, and states that the only constraints on the duty to secure freedom of speech are those imposed by the law. Section 43 states that:

“persons concerned in the government of any establishment... shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers".

This duty includes a responsibility to ensure that the use of university premises is not denied to any individual or group on the grounds of the belief or views of that individual or any member of that group or on the grounds of the policy or objectives of the group.

The European Convention on Human Rights safeguards freedom of thought, conscience and religion (Article 9); freedom of expression (Article 10); and freedom of assembly and association (Article 11). This was incorporated into UK law by the Human Rights Act 1998. It is unlawful for public authorities to act in a manner incompatible with these rights. The rights are qualified and can be limited by actions necessary and proportionate that pursue a legitimate aim such as the prevention of disorder.

Internal policy framework

UCL has a number of codes of practice, policies and procedures that students agree to comply with on commencement of their studies. These aim to create an environment that permits freedom of speech and expression whilst respecting the rights of others. These fit within a wider institutional policy framework covering staff and students and ultimately supports our compliance with the duty. The main areas that are relevant are:

External speakers and events

Find out more about our external speakers and events policy

Staff training

Find out more about the training we provide in relation to Prevent

Welfare and pastoral care

UCL's perspective on the Prevent Duty is that it is mainly an issue of safeguarding. UCL has a wide range of policies and procedures as well as services to support students throughout their time at UCL.

Student Support and Wellbeing provide advice on how you can help students who may be experiencing difficulties and the UCL Chaplaincy is also available to provide support to students.

Read our student related policies covering wellbeing and safeguarding

Read our harrassment and bullying policy

Read our equality and diversity policies

Read our student support framework

Find out how to raise a concern if you're worried about the wellbeing of a student