GovWire

Updated Prevent duty guidance for England and Wales (2023) came into force on 31 December 2023, replacing all of the guidance for England and Wales on this page. Specified authorities in England and Wales were required to have regard to the 2015 guidance until the 2023 guidance came into force on 31 December 2023. The 2023 guidance replaces the 2015 guidance, and specified authorities must have regard to the new guidance.

The Prevent duty guidance for Scotland (2015) on this page will continue to be in force until 19 August 2024. Updated guidance for Scotland was published on 7 May 2024. Subject to Parliamentary approval, the 7 May guidance will replace the Prevent duty guidance for Scotland 2015 on 19 August 2024. Specified authorities in Scotland must have regard to the updated guidance from 19 August 2024.

Court of Appeal judgment

The Court of Appeal ruled on 8 March 2019 that one paragraph contained within the Prevent duty guidance for higher education institutions in England and Wales (paragraph 11) was unlawful. The same, or a very similar, paragraph is also contained in the Prevent duty guidance for further education institutions in England and Wales (paragraph 8), the Prevent duty guidance for higher education institutions in Scotland (paragraph 11), and the Prevent duty guidance for further education institutions in Scotland (paragraph 8).

This judgment only affects that one paragraph in each of those documents and the rest of those documents, and the other Prevent duty guidance documents, should continue to be read as before. Higher and further education institutions affected by the Prevent duty should refer to thecourts judgment, in particular paragraphs 158 to 177. The government is considering the ruling and will announce its next steps in due course.

2015 revisions to guidance

TheCounter-Terrorism and Security Act 2015contains a duty on specified authorities to have due regard to the need to prevent people from being drawn into terrorism. This is also known as the Prevent duty.

In March 2015, Parliament approved guidance issued under section 29 of the act about how specified authorities are to comply with the Prevent duty. Specified authorities were required to have regard to this 2015 guidance, when complying with the Prevent duty until updated guidance came into force on 31 December 2023.

Two versions of the 2015 guidance were approved: one for specified authorities in England and Wales, and one for specified authorities in Scotland. These 2 documents were revised in July 2015, removing the chapters on further and higher education institutions. This is because 4 new pieces of stand-alone, sector-specific guidance for these institutions were issued (see below). The 2 revised 2015 Prevent duty guidance documents are the first 2 on this page.

Higher and further education prevent duty guidance

The remaining 4 documents, issued on 16 July 2015 under section 29 of the act, have been issued to provide guidance to higher and further education institutions subject to the duty. Following Parliaments approval of the guidance documents, they came into effect on 18 September 2015.

Commencement

The duty commenced on 1 July 2015 for authorities specified in schedule 6 to the act, save in respect of specified authorities in the further and higher education sectors. The duty commenced for the latter authorities on 18 September 2015.

Training

To assist implementation of the duty in section 26 of the Counter-Terrorism and Security Act 2015, aPrevent e-learning training packageis now available. This is introductory training. It provides a foundation on which to develop further knowledge around the risks of radicalisation and the roles involved in supporting those at risk.

Institutions covered by the Prevent duty may wish to consider furthertraining resources available within the Prevent training catalogueto support their implementation of the Prevent duty.