A university regulator in England has failed to investigate possible breaches of laws protecting academic freedom at a dozen theology faculties and is now facing legal action, The Guardian has learned.
The National Secular Society says it is preparing to take the Office for Students (OfS) through the courts to act on complaints first raised five years ago, arguing that universities are ineligible to receive public funding or government-backed student loans because of their commitment to theological doctrine.
The society said the 12 biblical or theological colleges have received more than £80 million through the government-backed Student Loans Company and £1 million in funding from the OfS since 2018.
The OfS said it could not comment due to the pending legal action, but Stephen Evans, chief executive of the NSS, said his organization had been frustrated by the OfS’s refusal to respond or act, despite multiple contacts and meetings with the regulator since 2021.
Evans said: “It is a case of the regulator not doing its job properly. “These universities do not appear consistent with OfS requirements on academic freedom and freedom of expression, so they should not have been registered in the first place.
“The lack of transparency is astonishing. If institutions are built around a confessional worldview rather than academic freedom, then they should not be registered with the OfS or receive public funding.
“Since we raised this with the OfS, as far as we know, nothing appears to have been done about it.”
Higher education providers in England must register with the OfS to access student loans and must uphold freedom of expression and academic freedom.
The NSS has told the OfS it will seek a judicial review to reveal what action it has taken against universities, including one whose “university law” included a provision: “Promoting the fear of Almighty God through education and the dissemination of information.” Another university’s student code of conduct lists “sexual relations outside of marriage” as grounds for disciplinary action.
The legal action comes as the OfS awaits a crucial ruling from the high court over its investigation into the University of Sussex, after the OfS fined Sussex a record £585,000 for alleged breaches of regulations.
The NSS action is supported by Professor Chris Higgins, former vice-chancellor of Durham University, who said the complaint does not apply to theology colleges, such as those run by the Church of England, which are not registered with the OfS.
“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 expression,” Higgins said.
“Many of these Bible colleges (also) offer degrees that have nothing to do with training for ministry… such as business or performing arts courses. However, they still require students and staff to adhere to a statement of faith and worship together, something that has recently been banned as indoctrination by the Supreme Court in relation to communal worship in schools in Northern Ireland.”
The NSS pre-action letter to the OfS mentions three of the colleges: Moorlands College in Dorset; Regents Theological College, a training center of the Elim Pentecostal church in Malvern; and Christ the Redeemer College in Harrow.
The Revd Michelle Nunn, principal of Regents Theological College, said: (The college) seeks to operate in accordance with UK equality and freedom of expression legislation and Office for Students regulations. Students are admitted based on academic criteria and choose to study with us because our programs align with their academic and vocational interests.
“We encourage research and robust intellectual debate in our classes and welcome respectful participation with different perspectives.”
Moorlands College and Christ the Redeemer College did not accept offers to respond after being contacted by The Guardian.
