Condition E6 - Requirements relating to capacity and resources

Preparedness for 1 August 2025

Governing bodies will, no doubt, be exercising their responsibilities of oversight and scrutiny to seek assurance of their institution’s preparedness to comply with new registration condition E6 when it comes fully into force on 1 August 2025.

This should include seeking assurance that the institution has the capacity and resources to provide for compliance with the new condition and identifying whether (for example) there is need to:

• upskill and/or increase the number of staff who investigate allegations of harassment or sexual misconduct;

• upskill and/or increase the number of staff who sit as members of disciplinary and appeal panels to determine allegations of harassment or sexual misconduct; and/or

• enhance or increase student services to provide prompt and effective support for those who have experienced or are otherwise affected by incidents of harassment or sexual misconduct.

“Capacity and resources”

E6.7 provides that providers ”must have the capacity and resources necessary to facilitate compliance with” E6.

E6.11f defines “capacity and resources” as including:

1. the financial resources of the provider;
2. the number, expertise, and experience of the staff employed or contracted by the provider; and
3. the resources deployed by the provider to undertake investigations or make decisions in relation to incidents of harassment and/or sexual misconduct.

Forming a judgment

The adequacy and effectiveness of an institution’s capacity and resources will be referable to the nature and circumstances of the particular institution and the diversity of its student community.  Some institutions may need more capacity and resources than others to comply with E6.

Governors’ collective judgment on the adequacy and effectiveness of the institution’s capacity and resources should be evidence-based, including (but not limited to) reporting and prevalence data, information on outcomes of investigations and panel cases, and hearing from students about their experiences of harassment and sexual misconduct. 

More capacity and resources needed?

Securing additional capacity or resources, where gaps are identified, may not be straightforward for some institutions at this time of financial turbulence in the sector.

In addition to upskilling their own staff, institutions may wish to explore the enhancement of existing partnerships, the development of new partnerships and/or putting in place shared services.

Maintaining assurance

To seek assurance that the institution’s capacity and resources remain adequate and effective, a governing body should regularly receive information to include reporting and prevalence data, information on any themes or trends and information on the outcome of cases dealt with under its policies and procedures - in addition to hearing from its students. 

Institutions and governing bodies will be reviewing their E6 preparedness ahead of the 1 August 2025 implementation date.  Earlier blogs have covered the E6 prohibition on non-disclosure provisions restricting any student from disclosing information about allegations of harassment or sexual misconduct.  The latter provisions come into effect on 1 September 2024.