Universities

Universities are navigating an increasingly complex safeguarding landscape. Recent legislative and regulatory developments are reshaping expectations, accountability, and risk management across the higher education sector. Here’s a concise overview of key changes and what they mean in practice.

KCSIE 2026 (Keeping Children Safe in Education)
While traditionally focused on schools and colleges, the updated guidance reinforces a broader safeguarding culture that universities cannot ignore—particularly those with foundation programmes, outreach work, or partnerships involving under-18s. The direction of travel is clear: stronger governance, clearer reporting pathways, stronger multi-agency and family-focussed working; and demonstrable safeguarding literacy across all staff.

E6 Duty: Tackling Misogyny and Sexual Misconduct
The Office for Students’ E6 condition places a firm expectation on universities to take proactive, evidence-based action against harassment, sexual misconduct, and misogyny. This includes staff workplace conduct. This is no longer about reactive policies—it requires prevention strategies, survivor-centred processes, and transparency in handling cases. Institutions must be able to evidence both cultural change and operational effectiveness, as well as student participation and evaluation. There is also a growing concern about misogyny and how well placed educational establishments are to identify and respond effectively to it.

Martyn’s Law (Protect Duty)
With the anticipated implementation of Martyn’s Law, universities must prepare for enhanced responsibilities around protecting students, staff, and visitors from potential terrorist threats. This includes risk assessments, staff training, and proportionate security measures. For campuses hosting large events or public-facing facilities, this is a significant operational shift.

Higher Education (Freedom of Speech) Act 2023 & Supreme Court Developments
The tension between safeguarding and freedom of expression continues to evolve. Universities are now under increased scrutiny to uphold lawful free speech while also protecting individuals from harm. Recent legal developments reinforce the need for clear, balanced policies and robust decision-making frameworks.

Guidance on Gender Questioning Children
Although primarily aimed at younger cohorts, this guidance has implications for university policies—particularly in teacher training, student support services, student recruitment, widening participation work; and transitions into higher education. Institutions must ensure their approach is lawful, sensitive, and aligned with emerging national expectations.

Changes to SEND Provision
Reforms to Special Educational Needs and Disabilities provision are reshaping how students enter and experience higher education. Universities should anticipate more complex needs profiles and ensure their support systems are responsive, well-resourced, and compliant with evolving standards.

Supporting Neurodivergent Students
Expectations are rising. Universities are increasingly required to move beyond basic adjustments and demonstrate inclusive design in teaching, assessment, and student services. This is both a safeguarding and equity issue—failure to adapt can result in disengagement, complaints, and reputational risk.

OfS Consultation: Students as Consumers
The Office for Students is consulting on strengthening students’ rights as consumers, with a focus on contractual clarity and accountability. This has safeguarding implications—particularly where failures in support, safety, or wellbeing provision could be framed as breaches of contract.

What does this mean for universities?
Safeguarding is no longer a standalone function—it is a whole-institution responsibility intersecting with compliance, culture, legal risk, and student experience. Institutions that take a proactive, integrated approach will be better positioned to meet regulatory expectations and build trust with their communities.

Did you know that we specialise in working with colleges and universities around safeguarding?
We offer a range of training and consultancy services, bespoke to the FE and HE sectors. This has been carefully curated after years of experience of working with universities across the UK. Contact us to find out more.