Consultation on the OfS’s new free speech complaints scheme

What would be the effect of these proposals?

171. The effect of these proposals would be to provide a scheme that implements the requirements of Schedule 6A to HERA (inserted by the Act) in an effective way. Our proposals are designed to provide a scheme that supports the timely and effective review of eligible free speech complaints.
172. Our proposals set out a flexible framework under which we would review complaints. The review process can be adapted to suit the individual context of the case. The scheme is designed to be straightforward for complainants to use, so that they do not need professional representation to enable them to obtain where their lawful free speech has been curtailed.
173. The timely review of free speech complaints will highlight areas where providers, their constituent institutions and students’ unions need to do more to comply with their relevant free speech duties. That is in the interests of the higher education sector as a whole. The scheme will be an important tool through which the OfS will seek to ensure that free speech within the law is secured for staff, students and visiting speakers.
174. The proposal relating to the publication of information would provide transparency and clarity about the type of information that the OfS would normally expect to publish, or not publish, in relation to the proposed free speech complaints scheme. It would provide transparency and clarity about the factors that the OfS would have regard to when making publication decisions about those matters. More generally, the proposal is likely to result in increased transparency about the OfS’s activities and decisions, for students and other stakeholders.