Week Ten: Use The Law

Sunday, March 8th, 2009

I have previously explained that the Education Act 1994 contains a number of provisions that too few universities and students’ unions uphold. I drew attention to the provisions that require students’ unions to hold annual ballots in respect of their membership to outside bodies such as the National Union Students.

I wrote:

“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?”

There are other important provisions of the Education Act 1994 that it is important to ensure are complied with:

Section 22(2)(a) of the Act requires your students’ union to have a written constitution. Does yours? Have you obtained a copy? Have you (or a law student in your group) read it thoroughly to ensure you know what the standing orders are for meetings?

Section 22(2)(b) requires that that constitution has been approved by the university every five years. When was your students’ union constitution last approved by the university, if at all?

Students have the right not to be members of the students’ union thanks to section 22(2)(c) of the Act. Those of us involved at the time the Act was passed were disappointed that the law provided for an opt-out rather than an opt-in but this is a start. Were you told you could opt-out? Were you told that if you did you would not suffer adversely in terms of access to the students’ union’s services?

Your right to opt-out is required to be brought to your attention at least once a year by the university (section 22(5) of the Act). Was that right drawn to your attention or not?

Section 22(2)(m) of the Act provides that there should be a complaints procedure in place regarding your students’ union’s activities. Frequently students’ unions will act in ways that merit complaints being made. Have you obtained and read a copy of your students’ union’s complaints procedure?

The Act also provides for the publication of a code of practice to ensure compliance with the law (section 22(3)). That code of practice is required to be brought to students’ attention by the university at least once a year (section 22(4)). Has your university published its code of practice? Have you read it?

Asking these questions of your students’ union and university – by reference to the provisions in the Education Act 1994 – is a simple step to take in holding the students’ union and your university to account. You can make those requests for information in a firm and yet non-confrontational way. Not only can you but you must. For if you will not hold your students’ union and university to account, who will?

If you encounter any difficulties with your students’ union or university, you should immediately contact YBF Chief Executive Donal Blaney at donal@ybf.org.uk.