Continuing our series of posts on Condition E6, we turn to the requirement to maintain a single “comprehensive source of information”. The requirement comes into effect on 1 August 2025, and significant preparation needs to be done before then.
After the OfS published its original consultation, the sector expressed some concerns at the potential regulatory burden. One area of concern was the proposed requirement for a “single document” that included a range of specified information concerning the provider’s approach to tackling harassment and sexual misconduct. In the final version of E6, that proposal has been replaced with a requirement to maintain a single “comprehensive source of information” (CSOI). The CSOI is intended to be the provider’s authoritative and accessible point of information concerning harassment and sexual misconduct. It may be in web page or document form.
Providers will have the option of either a single CSOI that sets out all the required information, or a summary type CSOI that links through to further information. However, the summary must still contain significant specified information. A degree of flexibility will be appreciated by institutions, given the potential range of underlying policies and procedures that may be relevant. However, whichever approach is taken there are still many detailed requirements concerning the information that must be included and how it is presented and supported. And if the summary approach is taken, further requirements also apply to policies that the CSOI links to.
There are also specific requirements concerning the availability of historic versions of relevant policies, and transparency over changes to policies. Where additional information is included in the CSOI, “content principles” impose further requirements - for example that the additional information must not contradict certain "minimum content requirements" that apply to the CSOI. The content principles also apply to documents other than the CSOI where these include information concerning harassment or sexual misconduct.
A significant and credible difference
The CSOI must include a wide range of information, including about steps providers are taking to make a significant and credible difference to protecting students from behaviour that may amount to harassment and/or sexual misconduct. Similarly there are requirements to provide for one or more steps which could make a significant and credible difference in protecting students from any actual or potential conflict of interest and/or abuse of power.
Much of the terminology is further expanded and defined in the condition itself. Individual providers will wish to consider their approach in light of the detailed provisions and matters in the OfS’s accompanying guidance. The guidance highlights matters such as why understanding the particular experiences of the provider’s student population is relevant, and why engagement with students is important.
The CSOI also covers matters such as training, student induction, incident reporting and information handling, student support and information provision, investigations, decision-making and appeals.
The requirements go beyond creating, maintaining and disseminating the CSOI in various specified ways. Providers are required to operate in accordance with the CSOI and be consistent with specified freedom of speech principles when complying with condition E6. Providers must also have the capacity and resources necessary to comply with E6. The latter point has some poignancy given both the importance of tackling harassment/sexual misconduct and the current financial pressures in the sector. Our previous blog considered what the capacity and resources requirements entail.
Next steps
There are several aspects to E6 and different institutions will be at different stages of planning for 1 August 2025. Preparations will need to take account of the institution's particular circumstances. Our highly experienced higher education specialists can assist institutions by:
- Providing training and workshops.
- Drafting and reviewing CSOIs and a range of policies, procedures and other matters.
- Assisting with OfS regulatory compliance including undertaking compliance audits.
- Providing advice and legal representation in relation to: issues, complaints, regulatory investigations and litigation, staff and student disciplinary matters, and grievances.
- Advising on a wide range of legal compliance including the practical application of public law principles, consumer law, human rights, data protection, freedom of speech, equality and academic freedom requirements.
If you wish to discuss the above, please contact your usual Mills & Reeve contact or a member of our education law team.
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