Regulator Faces Judicial Review Over Public Funding for Bible Colleges
The Office for Students (OfS), England's university regulator, is set to face a judicial review over its handling of public funding for theological colleges, following allegations of breaches in academic freedom laws. The National Secular Society (NSS) has announced plans to take legal action, claiming the regulator has failed to act on complaints first raised five years ago.
Allegations of Ineligibility and Lack of Action
The NSS argues that a dozen bible or theological colleges are ineligible for public funding or state-backed student loans due to their commitment to theological doctrine, which they say restricts academic freedom and freedom of expression. According to the society, these institutions have received over £80 million through the government-backed Student Loans Company and £1 million in direct funding from the OfS since 2018.
Stephen Evans, chief executive of the NSS, expressed frustration at the regulator's inaction, stating, "It's a case of the regulator not doing its job properly. 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." He highlighted a lack of transparency, noting that despite multiple contacts and meetings with the OfS since 2021, no apparent action has been taken.
Specific Concerns and Legal Precedents
The NSS has pointed to specific provisions in the colleges' governing documents that they believe violate academic freedom. For example, one college's "college law" includes a clause to "promote the fear of the Almighty God through education and information dissemination," while another lists "sexual intercourse outside of marriage" as grounds for disciplinary action in its student code of conduct.
This legal challenge comes as the OfS awaits a high court judgment on its investigation into the University of Sussex, where it imposed a record £585,000 fine for alleged regulatory breaches. The NSS's action is supported by Prof Chris Higgins, a former vice-chancellor of Durham University, who emphasized that the complaint does not apply to theological colleges not registered with the OfS, such as those run by the Church of England.
Higgins explained, "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." He also noted that some colleges offer degrees unrelated to ministry training, such as business or performing arts, yet require adherence to faith statements, a practice recently outlawed by the supreme court in Northern Ireland regarding communal worship in schools.
Colleges Named and Responses
The NSS's pre-action letter mentions three colleges: Moorlands College in Dorset, Regents Theological College in Malvern, and Christ the Redeemer College in Harrow. The Rev Michelle Nunn, principal of Regents Theological College, defended the institution, saying, "[The college] seeks to operate in accordance with UK equality and freedom of speech legislation and the Office for Students regulations. Students are admitted based on academic criteria and choose to study with us because our programmes align with their academic and vocational interests." She added that the college encourages robust intellectual inquiry and debate.
Moorlands College and Christ the Redeemer College did not respond to requests for comment from the Guardian. The OfS has declined to comment due to the pending legal action, leaving the outcome of this judicial review to be determined in court.
