Universities UK/Guild HE

Code of Practice for the Management of

Student Housing

(1st May 2019)

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CONTENTS

Introduction, Purpose and Scope .................................................................................................................... 3

Introduction .........................................................................................................................................3
Purpose ...............................................................................................................................................3
Scope ...................................................................................................................................................5

Code of Practice ................................................................................................................................................ 7

1. General ............................................................................................................................................7
2. Health and safety standards and procedures ..............................................................................8
2A. Fire safety .....................................................................................................................................9
2B. Electricity and gas supplies ......................................................................................................11
2C. Security .......................................................................................................................................13
2D. Kitchen facilities, food storage, washing facilities, furnishing, and other matters ..............14
3. Repair and Maintenance management ........................................................................................15
4. Environmental Quality ..................................................................................................................16
5. Landlord and tenant relationship ................................................................................................17
6. Health and Wellbeing ....................................................................................................................19
7. Anti-Social Behaviour and Disciplinary Procedures .................................................................20
8. Code Administration and Code Compliance ..............................................................................21

Annexes ........................................................................................................................................................... 24
Annex A - What is “managed and controlled”? .............................................................................24
Annex B - Outline of principal relevant provisions in the Housing Act 2004 ..............................26
Annex C - Complaints procedure ....................................................................................................28
Annex D Audit and compliance process within the higher or further education establishment29

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Introduction, Purpose and Scope

Introduction
1 2
i) This Universities UK /GuildHE Code of Practice for the Management of Student
3
Housing (The Code) has been developed in cooperation with representatives from a
4
range of organisations primarily to assist managers, and anyone involved in the
management of student accommodation by setting out the main elements of good
management practice. It covers among other matters, health and safety, maintenance
and repair, and relationships between managers and student tenants. It is also designed
to assist students in understanding both the standards and procedures applying to their
accommodation and their obligations as tenants or licensees.

ii) The Code has been designed giving due regard to the particular characteristics of
student housing, and to management practice, in the higher education sector. Where
appropriate it may serve also as the Code for further education establishments (FEEs).
In considering signing up to this Code, FEEs, like higher education establishments
(HEEs), will need to ensure that their management practice (for example with respect to
complaints procedures) is compatible with the Code. All the provisions of this Code will
apply to FE accommodation except insofar as other legislation, notably with regard to
students aged under 18, specifically applies.

iii) Administration arrangements for the Code are set out in Section 8. These are
intended to serve the overall purposes of the Code – helping to maintain and enhance
standards and to set out clearly what students may expect of their accommodation and
its management. The administration arrangements also provide mechanisms for
identifying, and helping remedy, any shortcomings in management of student
accommodation. Where audit and/or complaints indicate a persistent management
failure, an HEE (or FEE) may be deemed to be no longer compliant with the Code.

Purpose
iv) Arrangements for the management of student accommodation vary considerably
between HEEs and a range of professional HE bodies are involved in providing
information and advice on one or other aspect of housing provision and management.
The Code, therefore, is intended to meet a recognised need in the HE and FE sectors
for a “source document” covering a broad range of issues pertaining to HE and FE
residential accommodation.

1
Universities UK is the major representative body and membership organisation for the higher education sector. Members
are the vice-chancellors/principals of UK universities.
2
GuildHE is a recognised representative organisation within the higher education sector.
3
This Code, first published in 2006 replaced the Universities UK/Standing Conferences of Principals Code of Practice for
Management of Student Housing.
4
Including the Association of University Directors of Estates (AUDE), the Association for Student Residential
Accommodation (ASRA), the College and University Business Officers (CUBO), the University Safety and Health Association
(USHA), the Association of University Heads of Administration (AUHA), the Association of University Chief Security Officers
(AUCSO), Council of Higher Education Internal Auditors (CHIEA) and Association of Managers of Student Services in Higher
Education (AMOSSHE). The National Union of Students (NUS), The Department for Communities and Local Government
(DCLG) and the Accreditation Network UK (ANUK) were also consulted during its preparation.

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v) It is intended to serve also as one of the approved codes of practice for HE and FE
“managed and controlled” accommodation under the Housing Act 2004 which, among
other provisions, introduces a system of licensing for houses in multiple occupation
(HMOs). The national authority (the Secretary of State in England or the Welsh
Ministers, in Wales) may “except” from the definition of an HMO, for the purposes of
licensing, accommodation managed or controlled by higher or further education
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establishments where the accommodation is used solely or principally by persons for
the purpose of undertaking a full-time course of further or higher education. They may
be exempted on the basis that each establishment and its buildings so excepted would
be managed in conformity with an approved code of practice.

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vi) The Act further provides that the national authority may approve one or more codes
of practice laying down standards of conduct and practice to be followed with regard to
the management of HMOs or of accommodation excepted from the definition of an HMO.

vii) Formal accreditation to a code is a matter for those managing a code and is a
voluntary undertaking for those managers of accommodation who so commit to the
code. As is the case for codes of practice approved under other legislation, approval of
a code under Section 233 of the Housing Act 2004 does not have the effect of making
a breach of that code an offence nor does breach create a civil liability. However, the
code may be used as evidence of good practice by a court or tribunal.

viii) Regulations to be made under the Act are to except student accommodation which
is “managed and controlled” in conformity with an approved code. In this context
managed and controlled by a higher or further education establishment is taken to mean
that the establishment carries the main responsibility for repair and maintenance and for
the day to day landlord and tenant relationship. Annex A explains the method by which
a determination should be made of which buildings are managed and controlled for the
purpose of this Code.

ix) There is much variety in student housing in HE and FE estates. It ranges from historic
buildings to newly constructed buildings and, for example, from accommodation built
and equipped specifically for catered accommodation to that provided to meet demand
for more independent living. This has practical implications for the specification of best
management practice. It requires a generic approach rather than an overly detailed
specification and, of necessity, a local as well as a national dimension. This Code,
therefore, indicates the main principles which should be observed and the essential
requirements which must be met in order to meet the criteria for formal accreditation
(see Section 8 of this Code).

x) This Code was first amended in October 2010 and was subsequently amended again
in May 2017. In making amendments regard will be given to changes in regulatory
requirements, and to developing requirements and standards within the HE and FE
sectors. The latest review comprised of a review group made up of Sector Advisory
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Group and Governance Board members with group members responsible for peer
reviewing changes.
5
Under section 254(5) and Schedule 14, paragraph 4.
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Section 233.
7
Members include officers from the Association of Managers of Student Services in Higher Education
(AMOSSHE), the Association of University Directors of Estates (AUDE), the Association for Student
Residential Accommodation (ASRA), Council of Higher Education Internal Auditors (CHIEA), College and
University Business Officers (CUBO), National Union of Students (NUS) and Universities UK (UUK). The
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Scope
xi) Higher (and further) education establishments (H/FEEs) have distinctive
management arrangements including independent governing bodies. They are subject
to both internal and external independent audit. The relationship between university or
college authorities and students as tenants, or licensees, therefore differs in some
important respects from the landlord/tenant relationship in the privately rented sector.
Moreover, a range of statutory requirements applies to HE and FE provided student
housing, some general but some specific. The scope of this Code therefore reflects the
particular circumstances of HEEs and FEEs. It has been developed from established
procedures and good practice in the HE sector. It takes account also of other codes
designed to have a wider application.

xii) This Code applies in England and Wales and only to student accommodation
managed and controlled by HEEs, or by FEEs.

xiii) The Code has been prepared having regard to the requirements for licensed houses
in multiple occupation under the Housing Act 2004. Codes provide greater detail and
advice on best practice. However, as the relevant consultation paper produced by the
former Office of the Deputy Prime Minister states, codes are not intended to set new or
higher physical standards than those in that legislation “other than for aspirational
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purposes”.

xiv) This Code has both “mandatory” and aspirational elements. The basic requirements
are those that would need to be met were the relevant properties to be subject to
licensing under the Act. They are concerned with fire safety, maintenance of gas and
electricity installations, water supply and drainage, toilets, sinks, washbasins,
installations for storing food, disposal of refuse and litter, maintenance of common areas
(e.g. yards, gardens), windows and ventilation, repair of internal structure and post
boxes. Additional basic requirements are that tenants are to be advised on action to be
taken in case of emergencies and that managers must be allowed reasonable access
to the premises. If any HEE/FEE has difficulty in obtaining access to any of the support
codes of standards within this document please contact the UUK CoP National
Administrator who will liaise with the appropriate professional body to provide guidance
and support.

xv) A number of other matters that pertain to the quality of student accommodation and
its management are also included. As with the basic requirements, the intention is to
indicate best management practice for student housing in the sector.

xvi) Some HE and FE accommodation will not fall within the definition of an HMO. Other
accommodation may constitute a house in multiple occupation and not be compliant with
the Code and not subject to licensing. Some, for one reason or another, may require to
be licensed (see Section 8 and Annex B). It is possible that some may be subject to
proposals for additional licensing.

xvii) It should be noted, that while HE or FE accommodation that is managed in

compliance with the Code may be exempt from licensing under the Housing Act, such

Department for Communities and Local Government (DCLG) and the Accreditation Network UK (ANUK) were
also consulted during its preparation.
8
See ODPM Consultation paper (November 2004): Licensing in the Private Rented Sector p.47.

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accommodation is not exempt from the provisions on housing standards in Part 1 of the
Act. The approach to assessing housing conditions (the Housing, Health and Safety
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Rating System, HHSRS) applies to all housing – including local authority housing .
There should be no category 1 hazards in an establishment registered under this Code.

xviii) Annex B gives a brief outline of the principal provisions of the Housing Act 2004
relevant to student accommodation managed and controlled by HEEs and FEEs.

xix) It is the intention that, in principle, this Code should apply to all student housing
managed and controlled by a higher or further education establishment. However, some
of the provisions of the Code will not be applicable to certain small off-street individual
properties leased by H/FEEs from private providers and these should be excluded from
the list of buildings in the Schedule. (See Annex A to this Code for the full definition).
There will be some variation, moreover, in the extent to which the Code applies. For
example, weekly fire alarm tests would not be appropriate in the case of small buildings.
And in certain circumstances the requirements of other legislation, e.g. on listed
buildings, may not permit full compliance. The buildings listed in the Schedule should
be those solely or principally occupied by students undertaking a full-time course of
further or higher education and which are managed and controlled by the education
establishment providing the course.

Head leased properties, defined as small off-street properties converted to

accommodate 10 or less tenants and leased for not more than 3 years by an educational
establishment from a private landlord, shall not be considered as being managed and
controlled by the HEE and therefore will not be exempted from licensing.

9
See the Housing Health and Safety Rating System (England) Regulations 2005 S.I.2005 No.320

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Code of Practice

1. General

1.1 This Code assumes an establishment’s compliance with all statutory requirements
as contained within housing, building, planning, disability discrimination, equal
opportunities, data protection and other relevant legislation, as well as adoption of good
practice principles such as the ‘Support and Guidance for Equality and Diversity’
published by the Equality Challenge Unit (ECU). As noted in paragraph ii) in the
introduction to this Code, the provisions of this Code will apply to FE accommodation
except insofar as other legislation, notably with regard to students aged under 18,
applies. Some references are made in the text to specific requirements where this may
be helpful to accommodation managers. The word “must” is generally used throughout
this Code to indicate a statutory requirement, as opposed to a desirable or notable
practice, where alternative words are used.

1.2 The Code should be read in conjunction with the establishment’s regulations, rules,
codes and other local documentation relevant to the subject matter of this Code. H/FEEs
should ensure that their documentation provides evidence of compliance with the Code.

1.3 H/FEEs should ensure that student representatives are fully involved in review,
complaints and other procedures integral to the administration of this Code.

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1.4 All H/FEEs must make arrangements to publicise the existence of the Code to
potential students in addition to advising students of the Code during the induction
process to residential accommodation.

1.5 All properties must be constructed, altered or refurbished, and maintained, in

accordance with the appropriate building, planning and housing legislation. The relevant
approval notices and certificates should be available for inspection by prior arrangement.

1.6 H/FEEs should ensure that staff are appropriately trained to deliver the standards
required by the Code including equality and diversity.

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See http://www.thesac.org.uk/ for details of the student facing website for the Code.

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2. Health and safety standards and procedures
2.1 Student residences and their contents as supplied by an establishment must meet
the requirements of all relevant health and safety regulations and codes of practice.
Certain special circumstances (e.g. legislation relating to listed buildings) may justify a
partial relaxation of these requirements. H/FEE’s must be able to demonstrate
appropriate risk assessments and management actions for such areas where any of the
requirements of the Code are not adhered to in full.

2.2 H/FEEs must make an analysis of the risk of such events as fire, outbreak of disease
or major breakdown of services and equipment and develop procedures for dealing with
them. The analysis and the procedures must be documented (e.g. in risk registers) and
should be readily available for inspection.

2.3 Students must be given clear advice and information on what action is to be taken
in the event of an emergency e.g. how to access first aid provision, relevant contact
details and mechanisms for reporting incidents and raising health and safety issues.

2.4 It must be a requirement in every tenancy or license agreement for the student to
maintain a reasonably safe environment for the H/FEE’s employees who may have to
enter the premises e.g. ensuring that cables to personal electrical equipment are safe.

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2A. Fire safety

Fire Risk Assessment

2.5 All H/FEE’s should have a formal policy that ensures that a suitable and sufficient
Fire Risk Assessment (FRA) is conducted by a competent person for all residential
accommodation covered by the Code. The FRA and significant outcomes must be
recorded in a formal report. Copies of the FRA should be made available to external
agencies upon request.

A suitable management system must be in place to ensure that the policy is subject to
a regular formal review in order for the FRA to remain current and relevant. More
frequent reviews should be initiated and recorded in response to any change of use,
refurbishment, remodeling or other alteration that will materially affect the fire safety
management systems and procedures.

All physical works and other management actions identified within the most recent FRA
must be completed or have demonstrable mitigating actions in place, in accordance
with the allocated priority and proposed timescales.

Fire Prevention

2.6 Information and advice must be provided to students at the beginning of their
period of occupation on such matters as:

2.6.1 Their role in the avoidance of fire risks

2.6.2 Cooking and the safe use of cooking equipment

2.6.3 Electrical safety – particularly voltage differences

2.6.4 The dangers of using candles or storing flammable material

2.6.5 Disciplinary action that may be taken if fire alarms or firefighting

equipment is misused

Fire Detection and Alarm

2.7 All equipment relating to fire detection and alarm must be designed, installed and
maintained in accordance with the relevant British Standard and the FRA.

2.7.1 Fire alarm systems must be tested regularly at pre-arranged times (but
see paragraph xix of this Code).

2.7.2 Records relating to maintenance, servicing and testing must be retained

and made available for inspection upon request.

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Evacuation Routes (Means of Escape)

2.8 In order to ensure safe and effective evacuation from residential accommodation in
the event of a fire or other emergency, the designated Evacuation Route must be
maintained in a safe and accessible condition at all times – including corridors, landings,
stairs (inc. stairwells) and hallways.

The maintenance and servicing of specific equipment and building infrastructure within
the Evacuation Routes must be carried out in accordance with relevant British
Standards and the FRA, including:

2.8.1 Emergency lighting systems

2.8.2 Fire safety notices and evacuation signs

2.8.3 Fire doors (including door closers, push bars, vision panels and
ironmongery)

2.8.4 Automatic door release mechanisms

2.8.5 Fire extinguishers and fire blankets

Fire Evacuation Drills

2.9 Fire evacuation practices must be conducted at least once at the beginning of each
academic year in accordance with arrangements for particular buildings, fire detection
systems and the local fire authority. A record must be maintained.

Special Circumstances

2.10 Once a student with a disability (including those with a temporary disability) is
identified, the H/FEE must undertake an assessment in consultation with the student
and put in place any specific arrangements (e.g. personal emergency evacuation plans
PEEP) in case of fire or other emergency.

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2B. Electricity and gas supplies
2.11 Except in the case of emergencies or essential maintenance, electricity and gas supplies
and lighting must be maintained without interruption. Gas and electrical installations
must be properly maintained and tested in accordance with statutory gas and electrical
safety requirements and British Standards.

2.12 Where students need to operate controls for gas and electrical appliances, simple
and precise instructions for their safe and efficient use must be available.

Gas Installations

2.13 All gas supplies, distribution pipe work and gas fired appliances must comply with
the relevant gas safety regulations.

2.14 All gas appliances must have an annual gas safety check undertaken by a Gas
Safe registered gas installer. A copy of the safety certificate must be available in
accordance with the regulations.

Electrical Installations

2.15 All new electrical installations including fixed equipment must be installed and all
existing installations maintained in accordance with the most recent version of the
Institute of Electrical Engineers (IEE) Regulations.

2.16 All building electrical installations must be inspected and tested in accordance with
statutory requirements, and the results recorded in an appropriate register.

Lighting

2.17 Lighting must be provided in accordance with the Chartered Institution of Building
Services Engineers (CIBSE) recommendations. In study bedrooms the recommended
level of illumination may be achieved by the use of local task lighting.

Portable Appliance Testing (PAT)

2.18 All portable appliances supplied by an H/FEE, or used in the premises by H/FEE
staff, must be inspected and maintained in accordance with an establishment’s PAT
policy. Where arrangements exist for the testing of students’ personal electrical
equipment these should be set down in the PAT policy. The H/FEE must make students
aware of the PAT policy, and any procedure for having students’ personal electrical
equipment tested.

2.19 There must be a procedure for dealing with any potentially dangerous personal
electrical equipment. This might include labelling as unsafe, an instruction to remove,
or in extreme cases (subject to the terms of the licence or tenancy), for example if there
is a risk of fire or electrocution, removal to safe keeping or disabling. The students must
be made aware of the procedure and the action implemented.

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Water Supplies

2.20 All premises must be provided with hot and cold water to appropriately marked
taps. Any cold-water supply that is not drinking water must be clearly identified.

Waste water

2.21 All waste water must be removed via an appropriate trapped connection to the
sewerage system.

Water Hygiene

2.22 Hot and cold-water services must be installed, monitored and maintained in
accordance with The Health &Safety Executive and statutory public health requirements
including Legionella testing.

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2C. Security
Building and room security

2.23 H/FEE managed accommodation must be securable against intrusion. All

registered buildings must be subject to local security risk assessments, with particular
attention being paid to access control, surveillance of site perimeter and securing ground
and basement windows.

2.24 All main entrances and individual bedroom doors must be lockable, the main
entrance door being accessible by all student tenants of the building and bedroom doors
accessible only by the student occupant.

2.25 All basement, ground and first floor windows must be securable by the student in
order to deter theft and intrusion in student bedrooms.

Staff

2.26 All members of staff (including contractors) must be badged whilst on the premises.
There must be a record kept of staff accessing bedrooms in the absence of the student.

2.27 Staff must be subject to vetting / checks in accordance to the institution’s policy
formulated under the relevant legislation. Such policy to include reference to contractors.

2.28 The procedures regarding the issuing of keys/access cards (including the
replacement of lost keys) must be clear and transparent and arrangements for access
in the event of lost keys etc. must be set out in the students' welcome pack or equivalent
(see 5.8).

Emergency contacts / procedures

2.29 Establishments must advise students of the procedure to follow in the event of an
emergency e.g. bomb alert, summoning an ambulance, reporting a crime or suspicious
behaviour.

CCTV

2.30 Wherever student residences are monitored by CCTV this must be advised in the
foyer or on the external entrance to the building, through the use of Statutory CCTV
warning signs. Installation and operation must be in accordance with the relevant
legislation.

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2D. Kitchen facilities, food storage, washing facilities, furnishing,
and other matters
Kitchen facilities and cooking equipment

2.31 Where provided, all kitchen facilities must be maintained in good order and repair
with all equipment supplied in good working order. Within self-catering properties,
facilities for the preparation, cooking and storage of food must be appropriate to the
number of students using the facilities in accordance with local authority published
standards.

Users’ instructions must be available.

Food storage

2.32 Cold storage provision must be made available within self-catering properties.

Bathroom, toilet and shower areas

2.33 These areas must be provided with adequate ventilation and slip-resistant flooring.
All sanitary ware must be in good working order and free from cracks and breaks. All
toilets must be provided with fitted toilet seat. Shower curtains or screens must be
provided as appropriate.

Furnishing Quality

2.34 Décor and furnishings should be provided and maintained in reasonable condition.
All furnishings provided must conform to the relevant regulations.

2.35 All bedrooms must be fitted as a minimum with bed, mattress, worktop or study
desk and chair, curtains/blind, drawers/shelving, wardrobe and recycling and/or waste
receptacle.

Post and Mail

2.36 The H/FEE must put in place suitable arrangements for the receipt and distribution
of student mail. The arrangements should be set out in the students’ welcome pack or
similar induction material. Distribution and collection details should be made available.
Students should be advised of any arrangements for forwarding or redirecting mail after
the end of the tenancy/license period.

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3. Repair and Maintenance management

Approved contractors

3.1 Repairs and maintenance must be carried out by appropriately qualified and badged
H/FEE employed staff or approved contractors.

Fault / Defect notification and rectification

3.2 The H/FEE must provide students with information on how to report a defect or fault,
including out of office hours procedure and expected response times from the service
provider.

3.3 The information should set down response times in the published categories – the
usual terminology will be: emergency, urgent and non-urgent. If response times are
different for different locations this should be made clear. Students should be kept
informed of progress in rectifying any reported defect and in particular any delay in
meeting defined response times e.g. if an initial visit is diagnostic or if batching of works
occurs.

3.4 Where repairs or maintenance work is necessary due to damage caused by

residents or their guests, the residents should be notified of the total costs and charges
for the repair as soon as practicably possible.

Planned and Reactive Maintenance

3.5 When undertaking planned works, consideration should be given to the potential
impact on residents and inconvenience / disturbance should be kept to a minimum at all
times. Planned works should normally avoid sensitive periods, such as exams, and a
minimum period of 7 days’ notice given to residents. For any urgent works, a minimum
of 24 hours’ notice should be given unless the circumstances require an immediate
response.

Grounds maintenance

3.6 All planting and fences around residences should be well maintained and designed
to minimise opportunities for concealment of intruders. Principal pathways and car parks
should be hard paved (or have another suitable surface) and must be illuminated
appropriately for the environment.

3.7 Grounds should be cleared of rubbish and litter on a regular basis and kept tidy.
Students should be encouraged to avoid causing, or adding to, litter. Consideration
should be given to the provision of waste / recycling and cigarette disposal facilities.

3.8 Policies on snow and ice clearance should be made available for residents in
appropriate locations and should specify expected clearance times, including any
different timings for different locations. Where residences are adjacent to the public
highway, they should display advice regarding the Local Authority's responsibilities.

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4. Environmental Quality
4.1 Heating in all residential areas should meet the minimum requirements defined in
the relevant H/FEE Policy. Adequate lighting, hot water and ventilation must be
provided, as appropriate for all residential areas including; each bedroom, social space,
kitchen, circulation space (e.g. corridors, stair cases, entrance lobbies) and shower/bath
room.

Energy Efficiency

4.2 H/FEE’s must be able to demonstrate how they encourage residents and staff to be
environmentally responsible in their consumption of energy and water.

Refuse Collection

4.3 Adequate provision must be made for the collection of all domestic refuse generated
from residences. Details should be communicated to students and notices on collection
arrangements should be placed in appropriate common areas.

Pest Control

4.4 The H/FEE is expected to ensure that as far as possible residential areas are kept
free from pests and properties are well maintained to deter any potential infestation.
Arrangements for reporting infestations must be made clear together with the
anticipated response times.

Recycling

4.5 The H/FEE should provide schemes for reuse / recycling in conjunction with waste
contractors / local authorities. Where implemented, schemes must be clearly explained
to residents and participation encouraged. Details of recycling arrangements, including
the location of recycling stations should be communicated to students and contained in
the H/FEE’s environmental policy.

Transport and Travel

4.6 Residents must be advised of any car parking arrangements. The information
provided must also refer to the availability of bicycle and motor cycle parking.

4.7 Residents should be provided with details of access to public transport and any
recommended pedestrian routes.

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5. Landlord and tenant relationship
5.1 H/FEEs must have a clear and coherent statement within its contractual
documentation outlining the relationship between the H/FEE, as landlord, and the
student, as tenant or licensee.

5.2 A written contract must exist between the H/FEE and the student for the provision
of residential accommodation prior to the commencement of occupation. The contract
documentation must be made available either in electronic format or as a hard copy by
the H/FEE, and include reference to any contractual terms and responsibilities of both
the H/FEE and the student. The H/FEE must provide the student with a copy of the
residential contract once entered into.

5.3 The terms of any contractual relationship and information on the respective roles
and responsibilities of the H/FEE and the student must be made available to all
prospective residents in advance of students entering a contractual relationship for
residential accommodation.

5.4 Where an H/FEE requires payment of a (damage) deposit (or similar) for the
duration of the period of occupation, the H/FEE must indicate clearly what the deposit
is to be used for, the amount to be paid, and how the scheme is administered. H/FEE
should endeavour to return any deposit balances due, within 28 days of the end of the
contracted period, including details of all deductions from the initial amount paid.

5.5 The H/FEE must make available the following information:

5.5.1. The relevant procedures for application and allocation of residential

accommodation including any application eligibility criteria.

5.5.2. The total number of rooms available by type (i.e. single, twin, studio, en-
suite and self-catering).

5.5.3. The fees and charges for each type of available accommodation.

5.5.4. The length of the contract period for each room type.

5.5.5. Availability, if any, of parking facilities and/or cycle storage.

5.5.6. Credit control arrangements including payment schedules and options for
payment, any additional costs that may be incurred by a resident (e.g. lost keys
or access cards, damage charging, late payment charges, debt pursuance
charges, debt arrears penalties etc.) and any bursaries or discounts that may be
available and the terms under which these are offered.

5.5.7. The terms under which a student or H/FEE is able to terminate or cancel
a residential contract.

5.5.8. The procedure for lodging a complaint about the residential

accommodation or management of the property, or ancillary services provided
by an H/FEE.

5.5.9. Information concerning management’s right of access to a study bedroom

or shared facilities.

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 5.5.10. The procedure for reporting a defect or requesting maintenance: including
who to contact.

5.5.11. Service level statements (SLS’s) or equivalent should be made available

and set out schedules and expected response times for any reactive (i.e.
maintenance) services which are provided in each establishment.

5.5.12. Arrangements for access in the event of lost keys or access control
devices.

5.5.13. Any cleaning schedules appertaining to the property, including communal

areas and study bedroom accommodation. This must include which areas are
cleaned, the frequency of cleaning, and any student responsibility for cleaning of
facilities in accordance with a service level statement (or similar) if applicable. All
rooms and facilities must be prepared for the start of the occupancy period in a
clean and habitable condition.

5.6 Laundry facilities where provided, must be maintained in good working condition.
Instructions, including fault reporting and emergency procedures, must be made
available.

5.7 Information regarding the internet service must be provided. If an internet service is
not provided, this must be made clear.

Induction Briefing

5.8 H/FEEs must either hold an induction briefing, and/or provide relevant information
to students by way of welcome literature or offer an e-induction process prior to, or at
the beginning of occupation. This must advise students that their accommodation is
covered by this Code. It must also include specific advice on issues such as health,
safety (e.g. fire evacuation procedures), well-being matters, conduct and behaviour and
guidance on communal living. It must also provide details on the sources of information,
advice and guidance offered by the University and Student’s Union.

Management contact details

5.9 At the commencement of occupancy H/FEEs must provide students with relevant
contact details of duty officers / wardens / security staff, student representatives etc. and
also, as appropriate, any central accommodation office, maintenance office or halls
office.

Insurance liabilities

5.10 H/FEEs must provide a statement outlining the extent of its own insurance liabilities
in respect of a student’s belongings and personal items, and details of any specific
insurance cover that is contained within the accommodation fee.

18
6. Health and Wellbeing

6.1 H/FEEs must provide information to students in respect of its provision of student
support services (which may include but not be limited to wellbeing, financial and
disability support) and how to access them. The information provided must include
reference to services provided by the University, the Students’ Union and other
appropriate or relevant agencies.

6.2 H/FEEs must ensure that residents have information on how to access emergency
support (both during usual working hours but also outside of these hours) including
contact details and procedures to follow.

6.3 H/FEEs must provide information on how to register with one or more local GP
practices or their own medical services and encourage all residents to register as soon
as possible.

6.4 H/FEEs must have in place appropriate policies and procedures to support residents
that are experiencing health or wellbeing issues, which include encouraging students to
access relevant support services, and procedures to ensure the relevant organisations
are contacted if a resident is thought to be at risk, including Police, NHS, and the
University officer/department (where there are data protection and confidentiality
legislation concerns, data sharing agreements should be sought with the university).

6.5 Staff should be trained on, or will have sufficient knowledge of, the procedures in
place to support students experiencing a health or wellbeing issue.

19
7. Anti-Social Behaviour and Disciplinary Procedures
7.1 The H/FEE must demonstrate procedures to minimise and deal with, any anti-social
11
behaviour by occupants and/or their guests and visitors.

Conduct & behaviour

7.2 The H/FEE should demonstrate how it encourages residents to act in a fit and proper
manner at all times, treat both the property and neighbours - fellow students, staff and
members of the local community – with due respect, regard and consideration.

7.3 The H/FEE must make residents aware of the H/FEE’s code of behaviour and
disciplinary procedures (or similar), and how it deals with any incidents of reported
inappropriate conduct or behaviour.

11
The term anti-social behaviour is used here in a general and not a specific statutory sense.

20
8. Code Administration and Code Compliance
8.1 H/FEEs are generally well established, self-managing organisations. Independent
governing bodies oversee their management. Most establishments are subject to
regular, independent, internal audits on which reports are made to governing bodies.
The scope of Internal Audit work can cover any aspect of an establishment’s activity,
and how it manages associated risks. Internal audit may be carried out by an institution’s
in house team, consortia, or externally provided internal audit service.

8.2 H/FEEs are required to have established internal mechanisms for dealing with
complaints from students, including those in relation to accommodation issues.
Students may also have recourse to certain external complaints procedures.

8.3 Given the existing framework of H/FEE management, establishments themselves

will be the primarily accountable bodies for the management and operation of the Code.
In addition, a coordinating body and a body to oversee its operation and deal with issues
concerning compliance or non-compliance with the Code have been established.

8.4 A Governance Board and a separate Sector Advisory Group have been established,
with membership drawn from both the HE sector and independent representative
agencies.

8.5 The Governance Board and the Sector Advisory Group have independent Terms of
Reference. It is the role of the Sector Advisory Group to oversee the Code’s operational
management, (including recommending updates to the Code and drawing together
establishments’ reports, stakeholder feedback and other forms of monitoring) and make
policy recommendations to the Governance Board.

8.6 . Each H/FEE must undertake a compliance review every three years and provide
the Code Administrator with a report outlining the audit findings and management
responses by the 30th April for consideration by the Sector Advisory Group in June.
H/FEE Code members must ensure that there are arrangements in place for their
internal auditors to carry out compliance work in respect of the triennial reviews, as well
as appropriate follow up work in the intervening years. Internal auditors may take
account of management’s opinion in the selection of residencies to be audited, although
they must have due regard to independence, objectivity and materiality. Internal
auditors should ultimately take decisions as to which residencies will be subject to audit,
taking care to ensure coverage across all properties covered by the Code as part of any
long-term audit programme. Establishments Audit Committees must ensure sufficient
resources are included within annual internal audit plans for the triennial reviews and
associated follow up to be carried out.

8.7 Where the main compliance audit has resulted in recommendations, reports as to
the progress and implementation of those recommendations must be provided to the
Sector Advisory Group in the successive years prior to the next triennial compliance
review. Annex D to this Code outlines the audit and compliance progress. The finalised
triennial compliance review internal audit report must be submitted to an
establishment’s Audit Committee (or alternative governing function/body) at the earliest
opportunity.

8.8 H/FEE’s should assess how they gain assurance about the ongoing application of
the Code requirements in the intervening years between the triennial compliance
reviews. During these years for example, establishment management teams could

21
consider undertaking their own, formal self-assessment against the Code. This may also
include peer to peer review.

8.9 Universities UK/Guild HE has overall responsibility for administering the Code of
Practice. This duty is discharged through the Governance Board and Sector Advisory
Group respectively. Such duties will involve the following:

8.9.1. Maintaining a full record of all establishments who have signed up to the
Code, and the buildings covered by the Code for each establishment and
ensuring that the record is publicly available.

8.9.2. Liaison with ANUK to ensure satisfactory management of the dual-code

arrangement in the sector – this will include membership on the ANUK
management committee.
12
8.10 An independent standing committee, the Governance Board , will have
representation from relevant stakeholder groups including: university and college senior
management; specialist professions in the HE and FE sectors; NUS; Local Government
Association; DCLG; and ANUK. The Governance Board Chair is an independent
appointment made by the UUK Code of Practice.

8.11 The Sector Advisory Group will consider cases of alleged non-compliance. If the
circumstances justify such action, it may make a recommendation to the Governance
Board that H/FEE is no longer compliant with the Code in respect of some or all of its
student accommodation. In the event that the Governance Board endorses such a
recommendation, a building or all of an H/FEE's accommodation may be suspended
from the Code. Any such decision would be made public.

8.12 The Sector Advisory Group will oversee the operation of the Code and issue
guidance as necessary on day to day management issues. It will conduct an annual
review of the Code taking account of H/FEEs’ experience, audit findings, complaints
raising issues with regard to compliance with the Code and reports from other bodies
(see below). In order to ensure that the Code is operated effectively and updated as
appropriate, establishments will be asked to provide summary information to the
Committee as follows:

• Significant complaints made by students to establishments which relate

to non-compliance with the Code. It is suggested that “significant” in this context,
refers to complaints that have escalated to a senior body within the
establishment, or have been referred to the Office of the Independent Adjudicator
(OIA) or successor body (not FEEs) (see Annex C).

• The relevant section of auditors’ reports, management’s response and the

timescale for addressing auditors’ recommendations.

12
The responsibilities of the Board are: to oversee the operation of the Code and issue guidance as
necessary on management issues; to conduct an annual review of the Code taking account of H/FEEs'
experience, audit findings, complaints raising issues with regard to compliance with the Code; to
request reports from institutions on any complaints involving breaches of the Code that have been
reported directly to the Board or to external bodies; and having regard to audit reports and reports of
complaints submitted to it, to consider cases of alleged non-compliance and if necessary undertake
further investigation. The Board may make proposals to help remedy any identified defects in an HEE's
management of its student accommodation. In cases of serious or persistent management failure the
Board may declare that an H/FEE is no longer compliant with the Code in respect of some or all of its
student accommodation.
22
8.13 In addition, the Sector Advisory Group will seek annual reports from institutions on
any complaints involving breaches of the Code that have been reported directly to them
or to external bodies.

8.14 Having regard to the reports of these bodies, audit reports and complaints
submitted to it, the Sector Advisory Group will consider cases of alleged non-compliance
and if necessary undertake further investigation. The Sector Advisory Group may make
proposals to help remedy any identified defects in an H/FEE’s management of its student
accommodation.

8.15 In cases of serious or persistent management failure the Sector Advisory Group
may decide that an H/FEE is no longer compliant with the Code in respect of some or
all of its student accommodation. In such a case a recommendation will be made to the
Governance Board to suspend the building, or H/FEE’s membership of the Code. In the
event that a building or an Institution is removed from the Code, this will be brought to
the attention of the Local Housing Authority (LHA) in whose area the building is situated.

8.16 Adoption of the Code by an H/FEE involves the following responsibilities:

• The H/FEE must submit to UUK a list of all the buildings which it manages
or controls which are covered by the Code. This list must be updated by the
establishment, and UUK notified, on an annual basis.

• These buildings must meet the standards, and accord with the
procedures, set out in the Code and in relevant legislation.

• There may be some student residential accommodation which is

managed and controlled by an H/FEE which does not comply with this Code and
falls within the scope of mandatory licensing. It is a condition of accreditation
within this Code that the establishment must license this accommodation with
their local authority.

• H/FEEs must ensure that an appropriate complaints mechanism is in

place and that this mechanism is suitably integrated into wider complaints
mechanisms in the institution. All such mechanisms should allow for student
representation. Establishments are required annually to supply, anonymised as
regards student complainants, summary information to UUK on any significant
complaints relating to the institution’s operation of the Code (see Annex C).

• H/FEEs must ensure that their internal auditors include the

establishment’s management of its student accommodation in relation to the
Code within the scope of their audit planning. An internal audit must be
undertaken every three years, and follow up compliance work undertaken. The
relevant section of auditors’ reports, management’s response and the timescale
for addressing auditors’ recommendations must be provided to the Sector
Advisory Group.

• There may be isolated cases where audit and/or complaints processes

and/or local inspections reveal significant systemic failure in the management of
student accommodation. In this event some or all of an H/FEE’s buildings will be
removed from the list in the Schedule to the Code; and if any or all of such
buildings would otherwise be subject to mandatory licensing the establishment
must seek licence(s) from the relevant local authority.

23
Annexes

Annex A - What is “managed and controlled”?

It is necessary to determine whether student accommodation is managed and controlled

by an educational establishment or, in partnership with an H/FEE, by another provider.
A method has been developed for the ANUK Code of Standards for Larger
Developments for this purpose and the UUK/Guild HE Code of Practice adopts that
method.

The method allots points, reflecting perceived relative importance, to each element of
management and control.

The elements are as follows:

Marketing – reflects who is responsible for promoting and letting the building. If the
development is an underwritten or formal nomination arrangement this would clearly be
the educational establishment. Informal arrangements between educational
establishments and a private supplier, where the supplier is also marketing the building
directly would result in marketing being undertaken by the provider. 1 point

Rent Collection – reflects who collects the rent. 1 point

Tenancy – This reflects with whom the student tenant signs their tenancy: the
educational establishment or another provider. This is an important matter since it sets
the legal framework for the whole letting. 6 points

Hard Facilities Management (FM) – means the maintenance and replacement of the
infrastructure of the building and its associated plant/equipment and buildings systems
and can extend to the estate where the building is situated (including grounds and
gardens). 2 points

Soft Facilities Management (FM) – means the services that are provided to the
students occupying the building. There are five questions related to aspects of those
services:

• Cleaning – who undertakes the cleaning, either of the residences or the communal
areas? 1 point

• Security – who undertakes the security, particularly out of hour's security? Often
this work is shared between a provider and an educational establishment, in which
case points would be awarded to both. 1 point

• Repairs – who undertakes any day to day repairs within the building? 1 point

• Health and Safety Routines – who is responsible for health and safety routines:
testing fire alarms, servicing safety equipment, undertaking a risk analysis of the
building? 1 point

24
 • Out of Hours Services – who would deal with out of hour’s emergencies in respect
of the building, for example, a power outage, a plumbing leak? This does not cover
out of hours’ services to students offered under tenancy relations or residential
cover. 1 point

Tenancy Relations – who would deal with tenant issues and support, for example,
students wishing to leave, inter-tenant friction, noise and anti-social behaviour, mental
health problems? 2 points

Residential Cover – who provides overnight residential cover to deal with tenant issues
that occur overnight? This excludes security related matters dealt with above. 1 point

The answer to the questions can be yes, responsible; no, not responsible; both are
responsible.

The higher overall score determines whether an educational establishment or another

provider has control and management of the building.

Whether a building is managed and controlled by an educational establishment can thus

be determined by reference to the table below.

Provider Educational Other Provider

Available Who Establishment
Points Points
Marketing 1 Both yes 1 yes 1
Rent Collection 1 Both yes 1 yes 1
Tenancy 6 Both yes 6 yes 6
Hard FM 2 Both yes 2 yes 2
Soft FM
Cleaning 1 Both yes 1 yes 1
Security 1 Both yes 1 yes 1
Repairs 1 Both yes 1 yes 1
Health and Safety
Routines 1 Both yes 1 yes 1
Out of Hours
Services 1 Both yes 1 yes 1
Tenancy Relations 2 Both yes 2 yes 2
Residential Cover 1 Both yes 1 yes 1

Total Points 18 18

25
Annex B - Outline of principal relevant provisions in the Housing Act 2004

Note this annex is included so as provide managers with a simplified account of the legal
context for codes of practice. Some sections of the fact sheets on the Act produced by
the Department for Communities and Local Government are incorporated directly. The
Annex is NOT an authoritative representation of the legal position.

Housing standards

1. The Act (Part 1) replaces the former test of “fitness” with a new system for assessing
housing conditions - the Housing Health and Safety Rating System (HHSRS). The
system may be applied to any type of dwelling. There is no exemption for HE
controlled or managed housing or, indeed, for any other category of housing.

2. HHSRS is an evidence-based risk assessment of risks to health and safety in

residential premises. The purpose of the assessment is to provide objective
information upon which local authorities can base decisions on enforcement.

3. HHSRS provides a rating for each of twenty-nine categories of housing hazard. It

does not provide a single rating for the dwelling as a whole or, in the case of houses
in multiple occupation, for the building as a whole. The rating is expressed though
a numerical score. Assessment is based on the risk to the potential occupant who
is most vulnerable to that hazard. For example, stairs constitute a greater risk to
the elderly, so for assessing hazards relating to stairs they are considered the most
vulnerable group.

4. Action by authorities, ranging from an improvement notice to a demolition order, will

be based on a three-stage consideration: (a) the hazard rating determined under
HHSRS; (b) whether the authority has a duty or power to act, determined by the
presence of a hazard above or below a threshold prescribed by regulations; and (c)
the authority's judgement as to the most appropriate course of action to deal with the
hazard.

5. Authorities are advised to take account of the vulnerability of the actual (rather than
potential) occupant in deciding the best course of action.

Licensing of houses in multiple occupation (HMOs)

6. Part 2 of the Act is concerned with licensing of houses in multiple occupation – the
requirement for these to be licensed, procedures for grant or refusal of licenses and
related matters. There is a definition of a house in multiple occupation (HMO): is in
essence a house or flat occupied by more than one household where the households
share one or more basic amenities. (Section 254) Certain categories of housing
which would meet these criteria may be excluded from the definition however. Such
categories are, in the terms of the Act, “excepted accommodation”. (Section 254(5)
and Schedule 14) – see paragraphs 11. below.

7. Licensing will be mandatory for larger, higher risk HMOs, in general those of three
storeys or more and occupied by five or more people comprising two or more
households. This reflects the Government’s policy objective of concentrating on
housing where the risk to occupants’ health and safety is greatest.
26
8. The Act provides that the appropriate national authority may by order prescribe
descriptions of HMOs that are to be licensed.

9. Part 3 of the Act provides for selective licensing. An LHA may make a licensing
scheme providing certain conditions are met and subject to approval by the national
authority. One of the conditions is: “An area is experiencing a significant and
persistent problem caused by anti-social behaviour and that some or all private
sector landlords in the area are not taking appropriate action to combat the problem
and the LHA is satisfied the introduction of licensing, when combined with other
measures taken by the LHA or in conjunction with others, will lead to a reduction or
elimination of the problem”.

10. HE accommodation exempted from general licensing provisions is exempted also

from selective licensing.

Codes of Practice

11. The national authority may except from the definition of an HMO, for the purposes
of licensing, accommodation managed and controlled by higher or further education
establishments where the accommodation is used solely or principally by persons
for the purpose of undertaking a full-time course of further or higher education.
(Section 254(5) and Schedule 14, paragraph 4). Regulations will specify “a
particular educational establishment or a particular description of educational
establishments” that will not be treated as HMOs.

12. “Exception” is on the basis that each establishment and its buildings so excepted
will be managed in conformity with an approved code of practice. (Section 233).
Codes set out standards of conduct and practice to be followed with regard to the
management of HMOs or of accommodation excepted from the definition of HMO.

13. In the absence of these provisions many buildings occupied by students and
managed and controlled by H/FEEs would be liable to licensing (paragraphs 6-10
above). The Act’s provisions on housing standards however do apply to all forms
of student housing (paragraphs 1-5 above).

27
Annex C - Complaints procedure

The Code requires member institutions to complete a complaint return each year.
Complaints that are deemed significant that relate to the Code (i.e. they should
specifically record the Code reference number that it relates to), must be recorded on
that annual return.

A 'significant' complaint is deemed by the Governance Board as one that has been
represented beyond the area of responsibility of the Accommodation Team, e.g. a
complaint that has been referred to the institutions Complaints Process and would be
passed to a Senior Member of the University Management Executive.

Complaint Process

Complaint made to HE/FEE s

Complaint Made

accommodation service

Resolved Unresolved

H/FEE's Complaints procedure

Complaint Escalation Stage 1

Note: Those FEE students who do not

have access to the OIA (or successor
body) must contact the National Code
Administrator for the complaint to be heard
by the Governance Board

Resolved Unresolved
Complaint Escalation Stage 2

Reported to Sector Advisory Group of the

UUK Code. A complaint or non-complaint Office of the Independent
report must be forwarded to the Code Adjudicator
Administrator by 31 May each year. The
Group may determine that the H/FEE should
take certain measures, or that it is no longer
compliant, or that no further action is needed.
Process
It may institute an appeals procedure.

28
Annex D Audit and compliance process within the higher or further education
establishment

1. Internal Auditors must include the establishment’s management of its student

accommodation, in relation to this Code, within their overall assessment of
institutional risk and make provision for compliance audits every three years with
appropriate follow up arrangements.

2. Internal Audit reports on the management of student accommodation are reviewed

by an institution’s Audit Committee or equivalent with minutes of their meetings being
received by their Governing Body.

3. In cases where non-compliance with the Code is identified, the H/FEE must prepare
an action plan setting out how deficiencies are to be remedied with suitable
implementation dates.

UUK/Guild HE Sector Advisory Group

1. Receives, from all HEEs and FEEs signatory to this Code, the relevant section of
auditors’ reports, management’s response and the timescale for addressing auditors’
recommendations.

2. Examines cases of non-compliance identified in auditors’ reports.

3. Receives information on complaints referred to a senior body within an H/FEE.

4. Commissions and receives reports on complaints that have been referred directly to
the UUK/Guild HE Code or to external bodies.

5. In the light of information and reports received the Group may:

• Determine that no further action is needed.

• Make proposals to the H/FEE on steps to be taken to remedy identified defects

in accommodation management.

• Determine that the establishment is no longer in compliance with the Code in

respect of one or more of the buildings listed in the Schedule to the Code and,
therefore, recommend to the Chair of the Governance Board, the suspension of
the building or establishment from the Code.

Note: Below is the full flow chart of this process which is also available to download on
the UUK Code Website.

29
Overview of the Audit Compliance Process

Audit Compliance Process

Compliance
University Submission

Achieved

Yes No

Governance Board
Acknowledgement

Sector Advisory
Non mandatory
Assessment of Submission

Group Review Note areas for

Areas for areas for
improvements improvement by
Improvement next audit

Mandatory areas
Issue improvement
from improvement
notice and require
evidenced
evidence of
resolution within
given period

Non return of audit

outcomes

Evidence received
by the sector
Escalation following non-

Governance Board
advisory group
Acknowledgement
compliance

Yes Satisfactory
evidence received
by the Sector
Notification of No Advisory Group
Establishment
intention to remove Governance Board
removed from the
establishment from Acknowledgement
Code of Practice
the Code

Appeal Process Appeal

Yes successful
Appeal Implemented and
Appeal Process

Heard by the Appeal Outcome

Governance Board
Panel

No Local Authority and

DCLG Informed Decision Upheld

UUK CoP Gov 24/03/17

30