Legal Action Against Office for Students Over Theological Colleges

The Office for Students (OfS), the university regulator in England, is facing legal action initiated by the National Secular Society (NSS) regarding its oversight of a dozen theological colleges. The NSS claims these institutions are ineligible for public funding and government-backed student loans due to their adherence to specific theological doctrines that may infringe upon academic freedom.

The Guardian

The NSS has accused the OfS of failing to investigate potential breaches of laws protecting academic freedom at these colleges, which have collectively received over £80 million from the Student Loans Company and £1 million from the OfS since 2018. The NSS argues that the colleges' governing documents restrict academic freedom and freedom of speech, which are prerequisites for registration with the OfS. Stephen Evans, the NSS’s chief executive, expressed frustration over the OfS's inaction, stating, “These colleges don’t appear consistent with the OfS requirements on academic freedom and freedom of expression, so they shouldn’t have been registered in the first place.”

The Guardian

Among the colleges mentioned in the NSS's pre-action letter are Moorlands College in Dorset, Regents Theological College in Malvern, and Christ the Redeemer College in Harrow. Concerns have been raised about the governing documents of these institutions, including provisions that promote a confessional worldview and impose disciplinary actions for behaviors such as “sexual intercourse outside of marriage.” Critics argue that such policies are incompatible with the principles of academic freedom.

The Guardian

Prof. Chris Higgins, a former vice-chancellor of Durham University, supports the NSS's claims, asserting that the OfS erred in registering these colleges. He noted that many of these institutions offer degrees unrelated to ministry training, yet still require adherence to a statement of faith, which he argues has been deemed indoctrination by recent court rulings in Northern Ireland.

The Guardian

In response to the allegations, Rev. Michelle Nunn, principal of Regents Theological College, defended the institution's practices, stating that it operates in accordance with UK equality and freedom of speech legislation. She emphasized that students are admitted based on academic criteria and choose to study there for the alignment of programs with their academic and vocational interests. However, Moorlands College and Christ the Redeemer College did not respond to requests for comment.

The Guardian

The NSS's legal action aims to compel the OfS to disclose what measures, if any, it has taken regarding the colleges in question. This case highlights ongoing tensions between religious education and the principles of academic freedom in the UK higher education landscape. As the OfS awaits a critical high court judgment regarding its investigation into the University of Sussex, the outcome of this legal challenge could have significant implications for the future of public funding for theological colleges.

The Guardian

• “Evans said: “It’s a case of the regulator not doing its job properly.” — Stephen Evans, Chief Executive, National Secular Society

The Guardian

• “As far as we are concerned the OfS made a mistake in registering these independent bible colleges in the first place because their governing documents specifically restrict academic freedom and freedom of speech,” — Prof. Chris Higgins, Former Vice-Chancellor, Durham University

The Guardian

• “We encourage robust intellectual inquiry and debate in our classes and welcome respectful engagement with differing perspectives.” — Rev. Michelle Nunn, Principal, Regents Theological College

The Guardian