Question to the Ministry of Justice:

To ask His Majesty's Government which of the following university activities are considered public functions for the purposes of the Public Accountability Bill and which are not considered public functions: (1) admissions, assessment, progression and the award of qualifications, (2) academic, disciplinary and fitness to practise processes, including suspension and withdrawal, (3) pastoral and student support services, (4) student welfare and wellbeing, (5) safeguarding, (6) accommodation which the provider supplies or arranges, (7) the handling of student complaints and appeals, and (8) responses to serious incidents, including student deaths, and any review or investigation following them.

The definition of public authority and public official for the purposes of the duty of candour and assistance is analogous to that of the Human Rights Act. This means any individual or any body carrying out a public function as far as that public function is concerned. Universities are captured by this definition. This means they must comply fully with the duty of candour of assistance at inquiries and inquests where the subject matter relates to their public functions.

The requirement to promote and maintain standards of ethical conduct through a code of ethics is restricted to ‘core’ public bodies so does not cover universities. However, universities are regulated by the Office for Students which already sets requirements in relation to Universities’ governance and the Public Interest Governance Principles they are required to deliver in practice.