The Law of Higher Education 3e

Written by two leading higher education practitioners, this comprehensive and practical guide to the law of higher education in the UK provides extensive analysis of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes.

The Law of Higher Education has been fully updated to take account of the many legislative changes which have come into force since the publication of the second edition in 2012. New sector legislation in place in England, Scotland and Wales, with fundamental changes in the way higher education is regulated and changes in the general law (e.g. data protection, prevention of terrorism, consumer protection) and how they affect the operation of institutions are all dealt with in detail, with reference to and analysis of the relevant case law throughout. Additionally attention is given to new responsibilities faced by institutions under the General Data Protection Regulation.

Although focussing on UK laws, material on the international context is examined, which remains particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education.

Dennis Farrington, Consultant in Higher Education; Visiting Fellow, OxCHEPS, New College, University of Oxford,David Palfreyman, Bursar and Fellow, New College

Dennis Farrington is a former Professor in the Faculty of Law of South East European University, and a consultant to the Council of Europe on higher education law and practice. He has drafted constitutional and regulatory material, including governance arrangements for a range of institutions in the UK and abroad. He is a Visiting Fellow at the Oxford Centre for Higher Education Policy Studies (OxCHEPS).

David Palfreyman OBE is a Fellow of New College, University of Oxford, and the Director of OxCHEPS (the Oxford Centre for Higher Education Policy Studies). David is a Trustee and the Honorary Treasurer of the Society for Research into Higher Education (SRHE) and a Member of the Board of the Office for Students (OfS).

I: The National and International Context
1. Higher Education Law - The National Context
2. Higher Education Law - The International Context
3. The Legal Status of Higher Education Institutions and Privatisation
4. The Role of Government, the Funding Councils, OFFA and QAA
II: Governance and Management of Higher Education Institutions
5. Governance Structures
6. Officers and Managers
7. Charity Trusteeship and Personal Liability
8. The Law of Meetings
9. Student Unions
III: Contrasting Freedoms
10. Academic Freedon and HEI Autonomy
11. Ownership and Exploitation of Intellectual Property
12. Data Protection and Freedom of Information
IV: Higher Education Institutions: Staff and Students
13. Employment - Introduction and Individual Issues Except Discrimination
14. : Employment - Discrimination and Collective Issues
15. The Student-HEI Contract
V: Commercial and inter-institutional agreements, franchising and validation
16.
VI: Property and Estate Issues
17. HEI Premises: Occupier's liabilty and Disability Discrimination
18. Campus Security
19. Student Residential Accomodation
20. Health and Safety
VII: Risk Assessment, Preventative Action, and Dispute Management
21. Risk Assesment and Management
22. Dispute Management
VIII: Comparative Studies
23. Higher Education Law in Other Common Law Systems
24. Higher Education Law in the European Civil Law Systems
Further Reading and Companion Website
Index