Higher Education Institutions (HEIs) are often constitutionally complex organisations, subject to public and charity law and, in some cases, company law. Good governance requires clear and workable governance structures and an understanding of the different legal and regulatory regimes that apply. Fundamentally, our aim is to support our clients in all aspects of their governance.
Our team advises HEIs institutions inside and outside the UK on the full range of constitutional and regulatory issues that affect them, with particular expertise in relation to the regulatory role of HEFCE and the Charity Commission. Our clients include institutions constituted by Royal Charter, as companies and by statute.
The team is led by partners Barney Northover and Con Alexander who, together with associate Martha Burnige, are recognised as leading advisers to over 850 Universities, Colleges, other educational institutions and charities (particularly those operating in the fields of education, the arts and social care). They are supported by a team of specialist lawyers based in offices in Bristol and London.
Our services
We advise our clients on the range of issues that affect them:
- All aspects of charity law, particularly as they apply to HE institutions and other exempt charities
- All aspects of company law, including the Companies Act 2006
- Governance structures, including delegation
- The rights and duties of Council and board members
- Constitutional change, including amendments to Charters, Statutes, Ordinances and articles of association
- Royal Charters, including liaison with the Privy Council
- Obtaining Charity Commission Schemes and Orders as part of their supporting role in relation to HE institutions and other exempt charities
- Joint ventures, collaborations and mergers
- Trading issues, including the agreed HMRC guidelines on the corporation tax treatment of Universities
- Research by Universities, including the Charity Commission's guidance on charitable research
- Pastoral care, particularly in relation to children and vulnerable adults
- Serious incident reporting
- Investment and borrowing
- Endowment, including the use of total return orders and the statutory powers introduced by the Charities Act 2006
- Fundraising, including alumni programmes and fundraising foundations
- Freedom of information
- Data protection
- Academic freedom
- Dealing with regulation, including HEFCE, the Office of the Independent Adjudicator and the Quality Assurance Agency
For further information, please contact Con Alexander.
