The Prevent duty A guide for branches and members

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1 The Prevent duty A guide for branches and members Poicy and Campaigns December 2015 There are many aspects of the Prevent duty which remain uncear. However, many coeges and universities are aready deveoping guidance and this briefing is designed to aow branches to engage with that process. INTRODUCTION 1 When peope tak about the Prevent duty they are referring to Section 26 of the Counter-Terrorism and Security Act which contains a duty on specified authorities incuding coeges and universities to have due regard to the need to prevent peope from being drawn into terrorism. 2 This duty wi be appied and poiced in different ways in FE and HE respectivey, as this briefing describes beow. There is aso distinct guidance for Engand and Waes, 2 and for Scotand. 3 The duty does not appy at a in Northern Ireand. 3 For HE in Engand and Waes, HEFCE and HEFCW wi be the monitoring bodies respectivey and wi ink to the Home Office. HEFCE wi require HE institutions to provide a sef-assessment form in January 2016 with more detaied evidence between Apri and August For HE in Scotand, the governing body of each institution is responsibe for monitoring compiance supported by a Scottish HE Prevent network made up of representatives of both institutions and government agencies. In FE, compiance with the duty wi be monitored by Ofsted in Engand and Estyn in Waes. 4 Origina advice was that the duty was to become effective on 1 Juy 2015 for FE, with Engish and Wesh HE having a ater start date of 1 September. Foowing amendments to the egisation around academic freedom and freedom of speech the government agreed to revise the origina guidance, and pubished updated documents (incuding information on externa speakers) in Juy that have now been considered by Pariament and came into effect on 21 September As members wi be aware, many coeges and universities are aready deveoping guidance and this briefing is designed to aow branches to engage with that process. WHERE HAS PREVENT COME FROM? 6 The Prevent strategy was first pubished by the Government in and is part of their overa counter-terrorism strategy, CONTEST. The stated aim of the Prevent strategy is to reduce the threat to the UK from terrorism by stopping peope becoming terrorists or supporting terrorism. 1

2 The government states that the Prevent duty is designed to: Dea with a forms of terrorism and with non-vioent extremism, which can create an atmosphere conducive to terrorism and can popuarise views which terrorists then expoit... 7 The 2011 Prevent strategy had three specific stated objectives: respond to the ideoogica chaenge of terrorism and the threat faced from those who promote it prevent peope from being drawn into terrorism and ensure that they are given appropriate advice and support work with sectors and institutions where there are risks of radicaisation. 8 The government states that the Prevent duty is designed to: Dea with a forms of terrorism and with non-vioent extremism, which can create an atmosphere conducive to terrorism and can popuarise views which terrorists then expoit. It aso made cear that preventing peope becoming terrorists or supporting terrorism requires chaenge to extremist ideas where they are used to egitimise terrorism and are shared by terrorist groups. And the strategy aso means intervening to stop peope moving from extremist (abeit ega) groups into terrorist-reated activity. 9 In this context, it is important that branches become famiiar with how the government defines extremism, which is as foows: Voca or active opposition to fundamenta British vaues, incuding democracy, the rue of aw, individua iberty and mutua respect and toerance of different faiths and beiefs. 10 Branches shoud note the somewhat nebuous nature of so described British vaues and the potentiay very broad range of individuas and groups who may at some point fa fou of such a negativey constructed definition The next section of the briefing sets out the main duties that wi appy in each sector. FURTHER EDUCATION 12 The duty appies to further education coeges, adut education providers and sub-contractors in Engand and Waes whether pubic or private. 13 In FE, the guidance 7 sets out the foowing main things that institutions are expected to do: Have cear and visibe poicies and procedures for managing whiste-bowing and compaints. Ensure poicies are in pace for students using IT equipment to research terrorism and counter terrorism in the course of their studies. Conduct a risk assessment of the physica management of the institution's estate, incuding poicies and procedures for events hed by staff, students or visitors, and reationships with externa bodies and community groups who may use premises, and/or work in partnership with the institution. Create robust procedures to ensure that sub-contractors are aware of the Prevent duty and not inadvertenty funding extremist organisations. Ensure that if a risk is identified, staff notify their co-ordinator and others as necessary and deveop a Prevent action pan. 2

3 In HE, the duty wi appy not ony to pubicy funded institutions but aso to so caed aternative providers and any other private institutions who have at east 250 students. In genera, the guidance is ighter touch in HE than in FE. Demonstrate that they undertake appropriate training and deveopment for governors, board members, eaders and staff Ensure that staff exempify British vaues in their management, teaching and through genera behaviours in institutions and that the further education curricuum and pastora care are aso used to promote British vaues to earners. Have robust procedures both internay and externay for sharing information about vunerabe individuas. This shoud incude information sharing agreements where possibe. Have a cear Prevent referra process with a singe point of contact which is known to a staff and students. This wi usuay be the same as the existing safeguarding process. 14 As can be seen the duty is very wide-ranging in FE and has significant impications not just for coege ife but aso for the curricuum and for pastora care. HIGHER EDUCATION 15 In HE, the duty wi appy not ony to pubicy funded institutions but aso to so caed aternative providers and any other private institutions who have at east 250 students. In genera, the guidance is ighter touch in HE than in FE. 16 At face vaue there are two significant differences between FE and HE. The first is that HE institutions are aso tasked with baancing their Prevent duty against a duty aso set out in the Section 31 of the Act 8 which requires universities to have particuar regard to the duty to ensure freedom of speech and to the importance of academic freedom. This forms part of the updated guidance and prevent duty. 17 The second difference is that whie the definition of extremism used in paragraph 8 above is centra to the duty there is no specific requirement on higher education institutions to promote British vaues though the curricuum. 18 As the guidance stands, 9 universities in Engand and Waes wi be expected to do the foowing: Ensure they have proper risk assessment processes for externa speakers and ensure those espousing extremist views do not go unchaenged. Put in pace mechanisms to mitigate risks associated with events off campus but that are affiiated, funded or branded by the institution Carry out a risk assessment for their institution which assesses where and how their students might be at risk of being drawn into terrorism, incuding non-vioent extremism. Any institution that identifies a risk shoud deveop a Prevent action pan to set out the actions they wi take to mitigate this risk. Demonstrate a wiingness to undertake Prevent awareness training and other training that coud hep the reevant staff prevent peope from being drawn into terrorism and chaenge extremist ideas Have robust procedures for sharing information about vunerabe individuas (where appropriate to do so). This shoud incude appropriate interna mechanisms and externa information sharing agreements where possibe. 3

4 At Congress, poicy was passed which caed for a nationa boycott of the Prevent duty. Congress was advised that such a boycott woud be ikey to be unawfu given that the Prevent duty is statutory and that its impementation is at institution eve. Ensure sufficient chapaincy and pastora support avaiabe for a students. Have poicies reating to the use of university IT equipment which contain specific reference to the Prevent duty and which enabe the university to identify and address issues where onine materias are accessed for non-research purposes. Have cear poicies and procedures for students and staff working on sensitive or extremism-reated research. Have cear poicies setting out the activities that are or are not aowed to take pace on campus and any onine activity directy reated to the university. The poicies shoud set out what is expected from the student unions and societies in reation to Prevent. 19 The Scottish government s poicy for universities is argey identica to the above ist. 10 UCU POLICY 20 At its 2015 Congress, UCU passed poicy 11 which set out the foowing objections to the Prevent duty: [it] seriousy threatens academic freedom and freedom of speech the broad definition of terrorism wi stife campus activism the intention to force our members to be invoved in the racist abeing of students is unacceptabe the Prevent Agenda wi force our members to spy on our earners, is discriminatory towards Musims, and egitimises Isamophobia and xenophobia, encouraging racist views to be pubicised and normaised within society the monitoring of Musim students wi destroy the trust needed for a safe and supportive earning environment and encourage discrimination against BME and Musim staff and students the Prevent agenda wi hep racist parties such as UKIP to fourish. 21 At Congress, poicy was aso passed which caed for a nationa boycott of the Prevent duty. Congress was advised that such a boycott woud be ikey to be unawfu given that the Prevent duty is statutory and that its impementation is at institution eve. However a commitment was given that the feasibiity of branch boycotts where requested woud be investigated as woud the possibiity that any egay constituted boycotts be coordinated. 22 The union s ega advice is that a boycott of the Prevent duty woud constitute continuous industria action. In order to formay boycott the duty as impemented in their institution, a branch wi need to: estabish that a ega dispute exists, seek and gain authorisation for a statutory industria action baot and then to win that baot. As with a forms of industria action, a boycott wi constitute a breach of contract and the empoyer is entited not to accept partia performance for each day on which the action takes pace. In the case of a boycott of Prevent our advice is that the action woud be continuous. Members shoud be made aware that many empoyers in FE and HE operate a poicy to the effect that they wi not accept partia performance and do reserve the right to deduct fu pay from staff taking such action. 4

5 Estabish branch poicy on the Prevent duty. If you use the mode poicy above make sure it refects your oca and sector circumstances as we as the union s nationa position. Make sure members are aso aware of UCU s fundamenta opposition to the Prevent duty. 23 The Nationa Executive Committee considered Prevent at its meeting of June 2015 and agreed to circuate a mode poicy statement which branches woud be encouraged to pass and take up with their managements. The mode statement is set out beow: Mode statement As a coege/university and union we are proud of our commitment to, and record of, chaenging any expression of prejudice or discrimination directed against any group or individua (whether in form of racism, Isamophobia, anti-semitism; attitudes to sexuaity, gender or disabiity. Where any safeguarding or more genera duty of care concern is raised that may put a student or other persons at risk of harm, there are estabished procedures of prompt referra which every member of staff shoud be aware of and shoud be abe to act on accordingy. In addition: It is essentia that in order to expore views and opinions and where necessary, chaenge them, we activey promote a cimate of free discussion and debate. There shoud be no fear that this wi incur suspicion, or imit on free expression within the boundaries of our equaity and diversity poicy and discipinary codes on harassment or abuse. It is essentia that egitimate poitica opinions expressed by staff or students are not in any way regarded as extreme or egitimising extremism. In the context of Prevent, it is perfecty egitimate for exampe, to criticise government foreign poicy; to criticise the wars in the Midde East and Afghanistan; to express support for Paestinian rights or to express either support for or opposition to Israe. Neither is it extreme or iegitimate to hod that the rise of terrorism or hostiity to western governments is a direct resut of these poicies. One may agree or disagree with such views, however they form part of egitimate discussion and debate; they are widespread in the poitica and academic sphere and in society at arge. They are neither extreme, nor shoud they be presented as excusing or providing cover for extremism or acts of vioence or terror. Finay, the insistence on freedom of expression and free debate, within the boundaries of estabished poicies and codes of behaviour, is paramount. Therefore sufficient time for discussion, debate and respectfu exchange of views is essentia in any forum in which Prevent is discussed or presented. Everyone is entited to their own poitica view or opinion but no-one shoud priviege one view over that of others, or present one poitica expanation as expert or not subject to chaenge. A presenters in Prevent forums, whether interna or externa, shoud be made aware of these principes and be expected to abide by them XXXX UCU resoves to present the above to the Senior Leadership team and at our negotiating forum, as an agreed set of principes by which any discussion or training on Prevent be conducted. WHAT BRANCHES SHOULD DO 24 Branches are asked to do three things now: Estabish branch poicy on the Prevent duty. If you use the mode poicy above make sure it refects your oca and sector circumstances as we as 5

6 the union s nationa position. Make sure members are aso aware of UCU s fundamenta opposition to the Prevent duty. If you need advice on this contact your regiona officia. Write to your management seeking information on how they intend to impement the Prevent duty, and estabish the issue as an item for ongoing consutation/negotiation. Review the answers given and consut with members and your regiona officia as to whether you shoud seek to baot on a boycott as discussed by UCU Congress. 25 A tempate etter is set out overeaf which you can amend to suit oca circumstance and send to your management. Branches shoud note that sending the mode etter or a cose variant is ikey to be the critica first step in estabishing the basis for a awfu boycott, shoud this be something that members vote to do having considered any response from your management: Mode etter Dear x, I am writing to seek some information on how you intend to impement your responsibiities under the so caed Prevent duty which wi shorty fa upon the coege/university as a resut of the passing of the Counter Terrorism and Security Act, In the first instance I woud be gratefu if you woud share with UCU: A copy of any risk assessments you have done as required by the guidance A copy of any reviews of poicies or procedures incuding discipinary, grievance, empoyment contract and data protection poicies you have undertaken with respect to the Prevent duty and any concusions thereby drawn An understanding of any training or other persona deveopment you see staff as requiring arising from the duty An understanding of any proposed curricuar changes you intend to make in response to the duty A timetabe for how you intend to consut with students and staff about the duty and your response to it I woud aso take the opportunity to pace on record UCU s opposition to the duty which this branch beieves has the potentia to damage reations between staff, students and the coege/university and aso impinge upon freedom of speech. However, notwithstanding this opposition, UCU wishes to be fuy consuted with on the impementation of the duty in order that we can keep our members fuy advised and aso advise you of any issues that members raise. Pease aso take this etter as a forma request to pace this item on the agenda for the next and subsequent negotiating meetings. 6

7 26 It is very eary days in terms of impementation. Many branches have reported that their managements at this stage envisage itte change to estabished safeguarding or duty of care procedures. Others seem to be at the beginning of more fundamenta reviews of their poicies. Whatever the approach, UCU branches shoud insist on being fuy consuted about something which has profound impications for the institution. WHERE TO GET HELP 27. The poicy and campaigns department is overseeing the impementation of UCU s poicy on the Prevent duty. We wi be updating this guidance as new advice emerges. For advice in the first instance on oca negotiation, pease contact your Regiona Officia. For advice on any poicy aspect of the duty contact Matt at mwaddup@ucu.org.uk NOTES y_guidance_engand_waes.pdf 3 y_guidance_for_scotand.pdf In schoos, more detaied guidance on British vaues with regard to the curricuum was pubished in November 2014 and can be found here y_guidance_engand_waes.pdf y_guidance_engand_waes.pdf 10 ty_guidance_for_scotand.pdf Produced by University and Coege Union Carow Street, London NW1 7LH T: E: mwaddup@ucu.org.uk W: December 2015