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regulatory compliance in higher education

higher education

The regulatory burden placed on higher education institutions (HEIs) is significant. Bodies such as the Office for Students and the Information Commissioner’s Office have placed universities under greater scrutiny than ever before.

Making sure HEIs remain fully compliant with the plethora of regulation, civil and criminal law, is a major challenge. At the same time, civil and criminal enforcement and recovery powers can be draconian and failure to comply can be costly and severely damaging to your brand and reputation.

We help you navigate the relevant regulatory framework, and provide thorough, balanced and pragmatic advice on regulatory risk management to assist you in the management of regulatory investigations. Our expert regulatory team, which includes several criminal lawyers, undertakes both prosecution and defence work giving us a unique understanding and ability to negotiate for clients involved in an investigations and enforcement action.

We work closely with our civil litigation colleagues who advise on any commercial disputes or civil claims for compensation that often follow with a regulatory investigation. We work closely with our clients to relieve the pressures that inevitably arise in a regulatory investigation and prosecutions.

What we offer

  • Comprehensive expertise - we can advise on all regulatory matters from governance and constitutional affairs, corporate manslaughter, health and safety, food safety, environmental compliance and risk management through to reporting and investigation of serious incidents, Freedom of Information and data breaches, fraud investigations and crisis management.
  • One team approach – our experienced multi-disciplinary team, including experts in regulatory compliance and enforcement, counter fraud, civil, criminal and charity law, provides a national and international one-stop shop for all your regulatory needs.
  • Training – we support your professional development programmes through tailored workshops and training available to all levels within your institution
  • Products – you can access our unique suite of data compliance checking products to ensure you remain fully compliant.

Why choose Browne Jacobson regulatory compliance lawyers?

We will ensure you are kept up to date with the latest regulatory changes and are fully compliant with the regulatory framework, whilst providing you with pragmatic, tailored solutions to meet your needs. For more information, please contact Andy Hopkin.

recent experience

  • Advised a students’ union in connection with an inquest and undertook the advocacy throughout. This included reviewing the University’s existing policies on health and well-being, volunteering, suicide awareness and halls of residence security.

  • Advising numerous university clients in a range of matters including compliance with money laundering legislation, fire safety, police investigations involving students and health and safety aspects of a proposed joint venture.

  • Represented a University Hospital Trust in connection with a workplace fatality including police investigation and subsequent prosecution by the Health and Safety Executive.

  • In the wake of guidance issued by the Competition and Markets Authority in 2015 we advised an HEI in reviewing its approach to ensuring compliance with consumer protection law. This included a review of its Student Protection Plan and its arrangements for ensuring that current and future students were well informed about their university choices and the arrangements in place to ensure continuity of programmes of study.

focus on...

Legal updates

What is a higher education course for the purposes of access to the Office of the Independent Adjudicator’s (OIA) complaints process?

The Office of the Independent Adjudicator’s (OIA) has recently published a reminder of its remit in relation to dealing with complaints, which is a timely reminder as the new academic year begins.

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Protecting University IP and safely utilising building capacity during COVID-19

As Universities look to utilise their labs and bring staff and students back to campus, whilst potentially continuing with at home study and research, what are the key IP issues to consider and associated health and safety aspects?

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Legal updates

The mental health of higher education staff – duty of care in uncertain times

As we embrace mental health awareness week from 18 May 2020, it is timely to reflect on some of the steps that HEIs can take to discharge their duty of care in uncertain times.

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Higher Education procurement and contracting during COVID-19

What can and should universities do to set up contracts for September when there is uncertainty about how education will be delivered, or when staff have been furloughed or otherwise engaged?

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