Week Two: Hold Your Students’ Union To Account

Monday, January 12th, 2009

This is the second chapter of Every Monday Matters – a publication launched by the Young Britons’ Foundation last week.

Is your students’ union a member of the National Union of Students? Has the decision to affiliate to the NUS been arrived at lawfully?

Section 22 of the Education Act 1994 lists a number of requirements that students’ unions must observe.

If a students’ union decides to affiliate to an external organisation – such as the National Union of Students – the Act states that the name of the organisation and the details of any subscriptions paid must be published. That notice must be made available to all students – and to the university authorities (section 22(2)(j)). Does your students’ union do this?

At least once a year, students’ unions are compelled to publish a formal report listing those organisations to which the students’ union has affiliated and identifying what sums have been paid to them (section 22(2)(k)). Does your students’ union do this?

At least once a year, the current list of affiliations must be submitted to members of the students’ union for approval (section 22(2)(l)(i)). Does your students’ union do this?

According to page 203 of its constitution, the University of Nottingham Students’ Union, for example, made unlawful contributions to the NUS in 2003, 2004, 2006 and 2008! Motions passed to reaffiliate to the NUS were passed more than 12 months after the previous motion:

• 2 May 2002
• 8 June 2003 (late)
• 7 October 2004 (late)
• 5 June 2005
• 16 November 2006 (late)
• 10 June 2007
• 4 November 2008 (late)

With enough notice of an impending breach of the Act, YBF can help activists obtain an injunction to stop any unlawful donation being made to the NUS or any other external organisation. Has your students’ union similarly made unlawful donations?

Quite often a decision to reaffiliate to the NUS is made other than by a campus-wide ballot. Section 22(2)(l)(ii) of the Act provides that a secret ballot must take place if at least 5% of students demand such a ballot. University authorities can even determine that that threshold can be less than 5%. What is your secret ballot requisition threshold?

Section 22 of the Education Act 1994 is a fundamentally important piece of legislation for conservative activists to use. No activist has any excuse not to stay on top of what his or her taxpayer-funded students’ union is up to. Just as central and local government must be held accountable for the money that they spend and to ensure they do not break the law, the same applies to students’ unions. Money can and should be spent according to the wishes of Parliament. Money that you stop being wasted then becomes available to help make ordinary students’ lives better.

If at any time you encounter resistance from a students’ union in providing you with the information to which you are absolutely entitled as of right, please contact Christian May, Operations Director of the Young Britons’ Foundation, at christian@ybf.org.uk. The YBF Legal Advice & Support Unit is there to help you hold students’ union accountable.

Every Monday Matters will be published in the Spring. For further information, contact Donal Blaney, Chief Executive of the Young Britons’ Foundation, at donal@ybf.org.uk.