Prevent Duty - legal framework

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Prevent Duty

In 2015, the Counter Terrorism and Security Act created ‘Prevent Duty’ on specified authorities to have:

‘due regard to prevent people from being drawn into terrorism’.   

Authorities included in the Prevent Strategy include:

  • local authorities
  • police
  • education
  • health services
  • criminal justice agencies such as prison, probation, and young offenders’ institutions

Channel statutory duty

The Counter Terrorism and Security Act (CTSA) 2015 has placed Channel as a statutory duty (section 36 to section 38 of the CTSA). Channel is the multi-agency framework to identify, refer, assess, and support individuals susceptible to being drawn into terrorist-related activities or supporting terrorism.

We have a statutory duty to lead on Channel. All partners have a ‘Duty to Co-operate’ as far as compatible with their legal responsibilities in respect of their functions.

The Counter Terrorism and Border Security Act 2019 enabled local authorities, in addition to the police, to refer an individual at risk of being drawn into terrorism for discussion at a Channel Panel.

The Prevent Strategy and Prevent Duty support other existing freedoms and rights.  

For example, in Brighton & Hove, the Prevent Action Plan states:

  • the Prevent Duty should drive and support equality outcomes
  • Prevent Duty is to be promoted within the context of Equality Duty by all partners

The positive duties of freedom of speech and academic freedom in the educational sector are upheld and positively supported by Prevent Duty.

Prevent delivery and decision making is guided by children's welfare and the best interest of the child principles enshrined in law.

Prevent Duty guidance

The statutory Prevent Duty guidance explains how we should implement Prevent Duty.

It was updated in September 2023 to respond to the 34 recommendations from the Independent Review of Prevent that was published in February 2023. 

Read what has changed in the Prevent Duty Guidance.

Prevent Duty toolkit

The Home Office updated its Prevent Duty toolkit for local authorities and partner agencies in September 2023.

The toolkit identifies 8 benchmarks and good practice to comply with the Prevent Duty. The Home Office uses these benchmarks as part of its annual assurance programme to monitor the delivery of Prevent in local areas.