The Prevent Duty: A Law Unveiled

The UK's Counter-Terrorism and Security Act 2015 created a statutory duty for specified public authorities to 'have due regard to the need to prevent people from being drawn into terrorism'. This came into force on 31 December 2023, replacing the 2015 guidance which came into force in July 2015. Universities became subject to the Prevent duty on 18 September 2015.

The Counter-Terrorism and Security Act 2015

The Act's "Prevent Duty" is a legal requirement for universities and other public bodies to demonstrate their commitment to safeguarding individuals within their community from the dangers of radicalisation and being drawn into terrorism. This involves balancing obligations under the Prevent Duty with wider obligations to freedom of speech, academic freedom, and equality.

The Act also establishes the Channel programme, which provides early support to individuals identified as vulnerable to being drawn into terrorism. Local authorities, schools, and partners of local panels are required to cooperate and provide this support.

The 2015 Act provides guidance for specified authorities, including senior leadership teams, those with dedicated Prevent responsibilities, and frontline roles. It outlines best practices for sectors such as education, health, prisons, and probation services, with a focus on training, partnership, and information sharing.

The Act also outlines monitoring and enforcement measures, with central support and monitoring provided by the Home Office. It empowers the Prevent Oversight Board to make recommendations to ensure the implementation of the Prevent Duty.

Overall, the Counter-Terrorism and Security Act 2015 is a comprehensive legal framework designed to prevent terrorism and protect individuals from being drawn into extremist ideologies. It outlines clear objectives, strategies, and responsibilities for various sectors and authorities, with a focus on early intervention and support.

Prevent duty guidance: England and Wales

The Prevent duty guidance for England and Wales was issued on 7 September 2023 under Section 29 of the Counter-Terrorism and Security Act 2015. It came into force on 31 December 2023, replacing the 2015 guidance. The objectives of the Prevent duty are to:

• Tackle the ideological causes of terrorism
• Intervene early to support people susceptible to radicalisation
• Enable people who have already engaged in terrorism to disengage and rehabilitate

The guidance is intended for use by senior leadership teams in specified authorities, those with dedicated Prevent and/or safeguarding responsibilities, people responsible for resource allocation and external partnerships, and those in frontline roles who are likely to engage with people who may be susceptible to radicalisation.

The guidance outlines the importance of effective leadership, working in partnership, and appropriate capabilities in preventing people from being drawn into terrorism. It also provides sector-specific guidance for local authorities, schools, the health sector, prisons, and probation services.

The Counter-Terrorism and Security Act 2015 places a duty on certain bodies ("specified authorities") to have "due regard to the need to prevent people from being drawn into terrorism". This includes universities, which became subject to the Prevent duty on 18 September 2015. The Act defines extremism as vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty, mutual respect, and tolerance of different faiths and beliefs. It also includes calls for the death of members of armed forces.

Prevent strategy

The UK government's Prevent strategy, published in 2011, is part of its overall counter-terrorism strategy, CONTEST. The aim of the Prevent strategy is to reduce the threat to the UK from terrorism by stopping people from becoming terrorists or supporting terrorism. The strategy has three specific objectives:

• Respond to the ideological challenge of terrorism and the threat posed by those who promote it
• Prevent people from being drawn into terrorism and provide them with appropriate advice and support
• Work with sectors and institutions where there are risks of radicalisation that need to be addressed

The Prevent strategy was explicitly changed in 2011 to deal with all forms of terrorism and non-violent extremism, which can create an atmosphere conducive to terrorism and popularise views that terrorists exploit. It also made clear that preventing people from becoming terrorists or supporting terrorism requires challenging extremist ideas when they are used to legitimise terrorism and are shared by terrorist groups. The strategy also means intervening to stop people moving from extremist groups into terrorist-related activity.

The Counter-Terrorism and Security Act 2015 (CTSA) created a statutory duty for specified public authorities to "have due regard to the need to prevent people from being drawn into terrorism". This duty applies to specified authorities in England, Wales, and Scotland. The Act defines "due regard" as placing an appropriate amount of weight on preventing people from being drawn into terrorism when considering all other factors relevant to how they carry out their usual functions.

The list of specified authorities subject to the duty can be found in Schedule 6 of the CTSA. These include local authorities, schools, registered childcare providers, health bodies, prisons, and probation services. Universities also became subject to the Prevent duty on 18 September 2015. The Office for Students (OfS) monitors higher education providers' actions to prevent people from being drawn into terrorism and assesses their compliance with the duty's requirements.

Extremism

The UK government's Prevent Duty, which came into force on 31 December 2023, is a set of guidelines aimed at stopping people from becoming terrorists or supporting terrorism. It is part of the government's counter-terrorism strategy, CONTEST, and has three strategic objectives:

• Responding to the ideological challenge of terrorism and countering those who promote it
• Preventing people from being drawn into terrorism and providing them with the necessary advice and support
• Working with sectors and institutions to address the risks of radicalisation

The government defines extremism as "vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty, and mutual respect and tolerance of different faiths and beliefs". This includes calls for the death of members of the armed forces. Extremist organisations often serve as recruiting grounds for terrorist groups, and their ideologies are used to legitimise terrorism.

The 2011 Prevent strategy was updated to address all forms of terrorism and non-violent extremism, which can create an atmosphere that terrorists exploit. This strategy also includes intervening to stop people from moving from extremist groups into terrorist-related activities.

The Prevent Duty covers sectors such as:

• Criminal justice agencies (prisons, probation, youth justice)
• Education and childcare (schools, registered childcare providers, universities, colleges)
• Health sector (NHS Trusts, NHS Foundation Trusts)
• Local authorities
• Police and transport authorities

Training is provided to relevant professionals to help them identify and support people who are vulnerable to radicalisation. This includes understanding different extremist ideologies, recognising signs of vulnerability, and making informed referrals to intervention and support services.

The Prevent Duty aims to build community resilience against extremism by supporting local authorities in developing relevant projects and action plans. It also works with the Charity Commission to prevent organisations that endorse extremism or terrorism from receiving funding.

The Prevent duty and academic freedom

The Prevent Duty became law in the UK in 2015 under the Counter-Terrorism and Security Act. The duty requires that certain public bodies, such as schools, universities, prisons, and healthcare providers, take steps to prevent people from being drawn into terrorism. This includes tackling the ideological causes of terrorism, intervening early to support those susceptible to radicalisation, and enabling people who have engaged in terrorism to disengage and rehabilitate. While the law aims to protect academic freedom and freedom of speech, it also seeks to prevent the expression of extremist views that could lead to terrorism.

The Prevent Duty has sparked debates about academic freedom, particularly in higher education institutions. While universities are expected to comply with the duty and put in place procedures and policies to prevent radicalisation, they must also balance this with their legal duties to ensure freedom of speech and academic freedom. This has led to concerns that the Prevent Duty could restrict academic freedom and limit open discussions on sensitive topics.

To address these concerns, universities are encouraged to develop robust procedures and policies that consider both the need to prevent radicalisation and the importance of academic freedom. This includes having clear guidelines for managing events on campus, inviting external speakers, and using university premises. Universities are also encouraged to provide training for staff and students to recognise signs of radicalisation and respond appropriately, while still maintaining an open and inclusive environment for learning and discussion.

Additionally, universities are expected to assess the risk of their students being drawn into terrorism and develop action plans to mitigate this risk. This includes considering the physical management of university premises, relationships with external bodies, and the welfare and pastoral care of students. By implementing these measures, universities can ensure that they comply with the Prevent Duty while also upholding the values of academic freedom and open discourse.

Overall, while the Prevent Duty has raised important discussions about academic freedom, higher education institutions can take a proactive approach by developing comprehensive policies and procedures that address both the need for prevention and the importance of academic freedom, ensuring that universities remain safe and inclusive spaces for learning and intellectual exploration.

Frequently asked questions