The Office for Students (OfS) has introduced a new ongoing condition of registration (the New Condition) for higher education providers (HEPs), aimed at protecting students from harassment and sexual misconduct. Published in July 2024, the New Condition came into full effect on 1 August 2025.

These changes were introduced under the Higher Education (Freedom of Speech) Act 2023.

Key Requirements for HEPs

Crucially, the New Condition requires HEPs to publish and comply with comprehensive provisions in relation to:

  • The steps they take to protect students from harassment (including non-sexual harassment) or sexual misconduct (meaning any unwanted or attempted unwanted conduct of a sexual nature such as sexual harassment, sexual assault or rape).
  • How they will support students in connection with incidents of harassment or sexual misconduct.
  • How students, staff and other persons can report behaviour that may amount to harassment or sexual misconduct.
  • How the HEP ensures that investigations undertaken and decisions made in respect of such incidents are credible and fair and reflect established principles of natural justice.

HEPs must also provide training for both staff and students so they understand the behaviour that may constitute harassment or sexual misconduct and ensure those responsible for receiving information about, investigating or taking decisions regarding incidents of harassment or sexual misconduct are appropriately trained.

The New Condition also includes a ban on non-disclosure agreements (NDAs) covering allegations of harassment and/or sexual misconduct. This was initially expected to come into force on 1 September 2024 but was put on hold and has now come into force with the rest of the New Condition. This means HEPs are prohibited from entering into any agreement that would (or just states that it would) prevent students, staff or visiting speakers from disclosing information about an allegation of sexual abuse, sexual harassment, sexual misconduct, bullying or other harassment. The ban does not apply to NDAs covering other issues (such as academic misconduct or health and safety breaches).

Staff-Student Relationships and Conflicts of Interest

The OfS stopped short of requiring HEPs to ban intimate personal relationships between students and staff in the New Condition, despite earlier suggestions that it might. The New Condition instead requires that HEPs publish and comply with 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”. The OfS states that a ban on intimate personal relationships between staff and students is deemed to be such a step.

From Voluntary Action to Regulatory Compliance

Whilst many HEPs have until now chosen to take steps to address these issues as a matter of good governance, the New Condition now makes it a regulatory requirement to address harassment and sexual misconduct in higher education settings.

How Bates Wells can help

With the New Condition now in force, HEPs face a considerable task to ensure compliance. This includes reviewing and updating policies, building internal capacity to implement them properly, and providing appropriate training to staff and students.

Bates Wells brings together expertise in education, safeguarding and public and regulatory law, and we are well-positioned to support HEPs working to comply with the New Condition.

For further advice and support please contact Natasha Davies, Matthew Smith, Jean Tsang or Lucy McLynn.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.