Legal Obligations of the Student Union

Nature and constitution

Student unions are normally charities, regulated in England and Wales by the Charity Commission for England and Wales (usually referred to as the Charity Commission); in Scotland by the Office of the Scottish Charity Regulator (OSCR); and in Northern Ireland by the Charity Commission for Northern Ireland. This has important legal consequences as explained below.

The student union will have its own constitution and bye-laws/rules (usually available on student union website). These set out:

  • voting procedures for election of officers and debates/motions/referenda
  • complaints procedures
  • provisions for the appointment of trustees of the student union (who are responsible for ensuring the student union complies with the law)
  • the charitable objects of the student union and associated limitations

The last point is very important, because it is unlawful for a student union to engage in activities that fall outside its charitable objects. See next section.

Charitable objects and associated limitations

The charitable objects of student unions are usually based on a standard form originally prepared by Bates Wells & Braithwaite, e.g.:

4. Objects

The objects of the Union are the advancement of education of Students at the University of XXXXXXXXX for the public benefit by:

4.1 promoting the interests and welfare of Students at the University of XXXXXXXXX during their course of study and representing, supporting and advising Students;

4.2 being the recognised representative channel between Students and the University of XXXXXXXXX and any other external bodies; and

4.3 providing social, cultural, sporting and recreational activities and forums for discussions and debate for the personal development of its Students.

5. Powers

To further its objects, but not to further any other purpose, the Union may: …

6. Limitation on private benefits

6.1 The income and property of the Union shall be applied solely towards the promotion of its objects. …

In clauses of this form, advancement of education of students at the particular university is the primary object; the sub-clauses are the means by which this object is to be effected. This is clear from the language of the clause, but is also derived from the case-law on student unions, eg Baldry v Feintuck [1972] 1 WLR 552 (Brightman J), Webb v O’Doherty (Hoffmann J, 1/2/1991).

It is unlawful for a student union to engage in activities which do not further its charitable objects, i.e. furthering the education of students at that university. In particular, a student union’s income, property, facilities and resources (including the time of its sabbatical officers) must not be used for any other purpose.

Note that this form of objects clause is limited to the advancement of education of students at the particular university. It does not cover advancement of education at other universities, still less education in other countries.

Political debates and campaigns

Student unions may organize debates about political issues, provided these are carried out in a way which advances students’ education in the broad sense. However, student unions must not engage in or support political campaigns, except where these campaigns are themselves for the purpose of advancing education of students at the university (e.g. a campaign to reduce interest charged on student loans).

"… there is nothing the matter with an educational charity in the furtherance of its educational purposes encouraging students to develop their political awareness or to acquire knowledge of and to debate and to form views on political issues.

“There is, however, a clear distinction between the discussion of political matters, or the acquisition of information which may have a political content, and a campaign on a political issue. There is no doubt that campaigning, in the sense of seeking to influence public opinion on political matters, is not a charitable activity. It is, of course, something which students are, like the rest of the population, perfectly at liberty to do in their private capacities, but it is not a proper object of the expenditure of charitable money.” – Hoffmann J in Webb v O’Doherty

In order to qualify as “educational”, the debate must be fairly conducted, with each side being given a fair opportunity to present the facts and arguments. Further detail on this here.

It has been accepted that a student union can announce the result of a vote on a political issue: Baldry v Feintuck. However, if the union gives special prominence to a vote on a particular political issue, this is likely to amount to an unlawful political campaign.

The Charity Commission has issued operation guidance on political activities by students’ unions:

“2.1 … the purpose of any political activity on which:

  • charitable funds are spent;
  • charitable property is used; or
  • the time of a sabbatical officer is spent,

should be to further and serve the union's stated objects.

Political activity:

  • should not be allowed to dominate the activities of the union;
  • should not be undertaken as an end in itself;
  • should be undertaken only with due regard to the overall financial position of the union and its other commitments.

There is nothing to prevent students joining together outside of the union to collect their own funds for a particular purpose.

2.2 Commenting on public issues

A charitable students' union may comment publicly on social, economic, environmental and political issues if these relate to its purposes or the way in which it is able to carry out its work. For example:

  • street lighting near the campus;
  • more public transport at night; or
  • nursery places for the children of students.

It should not comment publicly on issues which do not affect the welfare of students as students. For example:

  • planning proposals for new roads or motorways which have no direct effect on the university campus or the students;
  • campaigns to outlaw the killing of whales; or
  • the treatment of political prisoners in a foreign country.

2.4 …A charitable students' union may not support a particular political party but it may:

  • encourage students to develop their political awareness and acquire knowledge of, or debate, political issues. To achieve this, it may make grants to political clubs or societies on the campus. But these should be even-handed and non-discriminatory and for the purposes of the clubs or societies.”

The Charity Commission’s general guidance on political campaigning by charities, CC9is also useful.

National Union of Students

The NUS is not a charity and is not subject to the limitations on individual student unions under charity law. The fact that the NUS carries on some political campaigns that fall outside advancing the education of students does not mean that individual student unions can.

It has been held that student unions can affiliate with and pay subscriptions to the NUS on the ground that the NUS primarily operates to assist student unions to advance the education of students in the UK: Attorney General v Ross [1985] 3 All ER 334.

Other Legal Obligations of Student Unions

Public procurement rules are likely to apply to a student union (see above).

The student union, officers and personnel must comply with the criminal law.

There are other duties indirectly imposed on a student union, for example in relation to the university’s duty to take reasonably practical steps to secure freedom of speech within the lawand the Prevent duty. These duties do not apply directly to a student union, but a student union would be acting unlawfully if it causes or participates in a breach of the duty by the university.

Duties of Trustees of Student Unions

Student Unions are required to have Trustees. The composition of the Board of Trustees is specified in the Union’s constitution. The Trustees are normally some of the elected Sabbatical Officers together with others who may be nominated by the University or may be “independent Trustees” appointed by the other Trustees.

The Trustees are legally responsible for ensuring that student union complies with the law, including

  • the requirements of charity law, such as not engaging in political campaigns or actions outside the charitable object of advancing the education of students at the university
  • the duty to act in best interests of charity, which involves making balanced and informed decisions about what will best enable the charity to carry out its purposes
  • the duty to maintain the good name of the student union and to protect its funds from undue risk – this includes protecting its funds against legal claims by third parties
  • the duty to act with reasonable skill and care, including seeking advice where necessary

In practice, writing to the Trustees is usually the most effective way of stopping illegal conduct on the part of the Union. In many cases, it will help to write to the Vice Chancellor (or equivalent) as well. The Vice Chancellor or a member of the University administration may then encourage the Trustees (and particularly Trustees appointed by the University) to deal with the matter correctly.