Be connected: Higher education, Autumn 2026
Welcome to the autumn edition of Be connected. A new academic year brings regulatory, political and financial developments for leaders to stay on top of. From the OfS free speech complaints scheme to revised governance expectations and policy changes reshaping the route into higher education, we have pulled together the content most relevant to you.
Policy and sector developments
A new PM, devolution and the competition for students
With £13bn in mayoral devolution funding confirmed for 2026/27 to 2029/30, universities can position themselves as partners in regional regeneration. But new technical education pathways and the V-level qualification from 2027 could reduce the flow of traditional undergraduate applicants.
International students: The economic case for the UK
A new HEPI and London Economics report has found that the 404,500 international students who began UK courses in 2024/25 are expected to generate a net economic benefit of £40.4bn, at a benefit-to-cost ratio of 9.7 to 1. In this article we consider the implications for fee policy, the graduate route visa and transnational education arrangements.
For further reading, our strategic guide helps senior leaders and legal teams structure partnerships and manage due diligence.
Access our guide on international partnerships
Devolution funding: An opportunity universities can’t afford to miss
With £13bn in mayoral devolution funding confirmed for 2026/27 to 2029/30, universities have a generational opportunity to position themselves as partners in regional regeneration.
We look at how civic agreements can unlock investment that institutions cannot access alone, and what every leadership team should be asking now.
Legal and regulatory
The OfS free speech conditions: What universities need to do
The OfS has proposed new registration conditions on freedom of speech and academic freedom, with a planned start date of 1 April 2027. Universities will need to evidence compliance in practice, not just on paper. We explain what to review and how to prepare.
Free speech OfS complaints scheme is now live
The OfS opened its free speech complaints scheme on 1 September, covering staff, visiting speakers and applicants for academic posts. A complaint can be accepted once 90 days have elapsed since an internal process began, and the OfS can publish information about complaints it receives. Our team sets out the practical steps institutions should take now.
Governance under the revised CUC Code
The revised CUC Higher Education Code of Governance is now in force, introducing elevated requirements around culture and behaviours, tighter rules on board composition and remuneration, and formalised individual role responsibilities.
Our detailed guide covers each of the key changes, and the steps your governing body should be taking now.
The OfS is watching: Are your forecasts credible?
The OfS Chair's letter to university chairs welcomed the revised CUC Code - but carried a blunt warning: boards signing off over-optimistic student number forecasts are on the regulator's radar.
Updated governance conditions of registration are expected for consultation in early 2027. Treat Code implementation as regulatory preparation, not housekeeping.
Charity law shake-up
The Charity Commission has overhauled its core guidance on accounting thresholds, reserves, risk management, SORP 2026 and safeguarding.
For universities with charitable status, the changes are significant, from mandatory sustainability reporting for larger institutions to tougher expectations on reserves policies. Our full briefing sets out what's changed and what to do now.
What the Cyber Security and Resilience Bill means for HE providers
The Cyber Security and Resilience (Network and Information Systems) Bill is the government's most significant reform of UK cyber legislation since the NIS Regulations 2018. The Bill will expand scope, strengthen regulators, and future-proof the regime against evolving threats.
It’s currently progressing through Parliament - but where do higher education providers sit within it?
Modern Slavery Act reform: What it means for universities
Proposed reforms to the UK Modern Slavery Act will strengthen reporting obligations for large public bodies, with new requirements around supply chain due diligence, mandatory action plans and government enforcement powers.
Universities, as hybrid public/private bodies with a large workforce and procurers of goods and services, will need to review their existing compliance frameworks. Our team examines the proposed changes and what institutions should be doing to get ahead of the new obligations.
Employment rights: Are you ready for the autumn changes?
The Employment Rights Act 2025 continues to be implemented in stages, with further changes taking effect this autumn. For universities as large employers with complex workforce arrangements and significant trade union relationships, the implications are substantial.
Our employment team has been tracking the changes closely and recently hosted an online briefing event which is now available on demand.
Wales: Medr's higher education register is live
Wales published its first register of higher education providers on 1 August 2026 under the UK's first cross-tertiary regulatory system. Registration carries implications for funding eligibility, fee limits and student support designation.
Medr expects a proactive, no-surprises approach and can publish information highlighting non-compliance. Our team in Wales set out what you need to know.
Case law
Protected beliefs in the workplace
The Employment Appeal Tribunal (EAT) has upheld a direct discrimination finding in Miller v The University of Bristol [2026] EAT 84, confirming that anti-Zionist belief can qualify for protection under the Equality Act 2010.
With the OfS free speech complaints scheme now live, it's a prompt for universities to review how disciplinary processes sit alongside free speech obligations. Our employment team sets out the key takeaways.
Offensive language at work: Where does the law stand?
With the OfS free speech scheme now live and the Miller v University of Bristol judgment fresh in mind, knowing how to handle offensive language in the workplace has never been more pressing for HE employers.
Our employment team examines how courts and tribunals approach offensive language cases, the distinction between language that crosses a legal threshold and conduct that requires a management response, and the process pitfalls that turn straightforward cases into costly litigation.
Individual liability for reasonable adjustments
The EAT has confirmed that individual employees can be personally liable for a failure to make reasonable adjustments under the Equality Act 2010. The decision in Merriman v 1st Staff Ltd is a prompt for employers to review how adjustment decisions are made, documented and trained on. Our employment team sets out the key takeaways.
Support and guidance
A guide to the new ICO data protection and AI priorities
The ICO has published its draft corporate strategy for 2026 to 2028, with four priorities: Children's data, AI transparency, responsible public sector data use, and cyber resilience.
Education technology services are specifically named, and the UK is the most targeted country in Europe for cyber attacks. Our data protection team explains what universities should be doing now.
Martyn's Law: A starting point for campus safety planning
The Terrorism (Protection of Premises) Act 2025 has received Royal Assent, and universities will generally fall under the enhanced duty tier. While the implementation period gives institutions time to prepare, the clock is running.
We’ve published a full guide for universities as well as one specifically covering what FE colleges in Wales need to do. Both provide a useful framework for any education provider beginning their planning, including what risk assessments, response plans and staff training programmes need to look like.
Read our guide for FE colleges in Wales
#EdInfluence Series 5: Self-care, curiosity and belonging
Nick MacKenzie and Iain Blatherwick look back on the most recent series of our leadership podcast, reflecting on the themes that ran through eight conversations with some of education's most compelling leaders.
From "time with no purpose" to the shift from "they" to "we", this is well worth a read - and if you have your headphones to hand - a thought-provoking listen for anyone who leads in a sector where the ground keeps moving. Series 6 is in production. Catch up on series 5.
You may also be interested in…
Top 15 most innovative law firms in Europe
We rose 20 places in a single year to rank 13th most innovative law firm in Europe in the Financial Times Innovative Lawyers rankings, beating firms many times our size. We also won the People Strategy award for our accent and socioeconomic bias training programme.
Recognition for deal-making legal advice in education
Despite stiff competition from nine other shortlisted law firms, we’ve been awarded the EducationInvestor award for 'Legal Advisor of the Year to Deal Making'. The judges’ comments attributed our success to the way we “understand this sector better than any generalist corporate law firm”.
In the media
- HEPI: How universities must seize the devolution dividend to power regeneration.
- The PIE News: UK sector sets out wishlist as Andy Burnham takes No. 10.
- The Times: Litigation set to rise after Sussex University fine is overturned.
- World University News: Court blocks OfS free speech fine for University of Sussex.
- HR World: NEET - Creating paths to the workplace.
- The Educator UK: Technical education pathways announcement: Legal comment.
- The Educator UK: Andy Burnham becomes new UK Prime Minister: Lawyer comments.
- EducationInvestor Awards winners.
- D&I Leaders: Five inclusion issues highlighted in the Milburn review.
- FE News: ‘Generational faultline' as NEET numbers could hit 1.25 million.
Related expertise
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Be connected: Higher education, Autumn 2026
What does the Cyber Security and Resilience Bill mean for higher education providers?
The OfS free speech conditions: What universities need to do now
![Protected belief: Miller v The University of Bristol [2026] EAT 84](https://www.media.brownejacobson.com/transform/landscape-small/50725177-f1b0-4710-9910-4bc71930248f/blurred-commuters-at-a-modern-corridor)
Protected belief: Miller v The University of Bristol [2026] EAT 84
Medr's register of higher education providers: What you need to know
High Court ruling on weekend courses and student loans: Legal comment
The ICO sets its plans for next two years: Education sector guide
OfS launches free speech complaints scheme ahead of 1 September opening: Legal comment
Technical education pathways announcement: Legal comment
Self-care, curiosity and belonging from #EdInfluence podcast S5
Andy Burnham becomes new UK Prime Minister: Browne Jacobson reaction
New report on international students economic value to UK economy: Higher education legal comment
The revised CUC Higher Education Code of Governance: A guide for universities
The OfS response and the regulatory outlook
A new structural architecture: From homogeneous principles to a two-tier framework
Culture and behaviours: A new standalone governance discipline
Strategy, sustainability, risk and assurance: The most significant intensification
Board composition: Tighter rules on terms, skills and remuneration
Academic governance and board effectiveness: From passive receipt to active assurance
Formalised individual role responsibilities: The new Appendix A
Student and staff board members: Parity of duty, not representation
Charity Governance Code and OfS governance and management conditions
Steps to implement the revised CUC Higher Education Code of Governance
How universities must seize the devolution dividend to power regeneration
Universities as drivers of growth: Key insights from UKREiiF 2026
Browne Jacobson’s corporate education team recognised in industry awards
The new EHRC Code of Practice: What universities should do now
Pause to go faster: What a vice-chancellor learned about leading when you can't fix it
Living in the gaps: What disaster recovery teaches us about education leadership
Be connected: Higher education, Summer 2026
High Court overturns Office for Students’ £585,000 fine against University of Sussex: Legal comment
CUC Higher Education Code of Governance revised 2026: Key changes
The next UCL student claims: COVID-19 litigation for universities
International partnerships in UK higher education: Strategic guide
Academic freedom of speech in universities: New complaints process
New higher education freedom of speech complaints scheme: Legal comment
The OIA’s 2026 operating plan: What universities need to know
Kent meningitis outbreak: Comment from higher education lawyer
