Consultation on proposed regulatory advice and other matters relating to freedom of speech

Executive summary

New free speech legislation

Freedom of speech and academic freedom are essential to higher education. The core mission of universities and colleges is the pursuit of knowledge, and the principles of free speech and academic freedom are fundamental to this purpose. They provide an environment to advance new ideas, encourage productive debate and challenge conventional wisdom. All staff and students are entitled to teach, learn and research in a culture that values vigorous debate, including in relation to difficult, contentious or uncomfortable topics.

Under existing legislation, universities and colleges are required to take reasonably practicable steps to secure free speech on campus. New legislation was passed in May last year which imposes new free speech duties on universities and colleges, their constituent institutions and some students’ unions. Those new duties, expected to come into force on 1 August 2024, include a similar duty to take reasonably practicable steps to secure free speech on campus.²    

The new legislation will also give the Office for Students (OfS) more powers and duties to regulate universities and colleges, and their students’ unions, on free speech issues. We expect some of these provisions to come into force on 1 August 2024 and others to come into force on 1 September 2025. You can read more about this on our website.³

Consultation proposals

This consultation is an opportunity for students, staff, students’ union representatives and leaders at providers to tell us what they think about our proposals on the following:

1. Proposed guidance on the duties related to freedom of speech and academic freedom. This will help providers, constituent institutions and students’ unions to navigate the new free speech duties that the OfS expects to regulate from 1 August 2024.
2. Amendments to the regulatory framework to reflect the OfS’s new general duties and general functions.
3. Recovery of OfS costs in connection with the new free speech complaints scheme and the imposition of monetary penalties on students’ unions.

We are proposing to include in our draft guidance examples designed to help a provider, constituent institution or relevant students’ union understand how the guidance should be applied. In all of the proposed examples we have been clear that the decision about any similar case would depend on the particular circumstances of the case.

Regulatory advice 24: Guidance related to freedom of speech

In this consultation we have set out proposals for draft guidance, which includes examples of steps that it may be reasonably practicable for a provider, constituent institution or students’ union to secure free speech within the law. The examples cover the following areas:

1. admissions, appointments, employment and promotion
2. codes of conduct
3. complaints and investigation processes
4. free speech code of practice
5. free speech complaints scheme
6. governance
7. research
8. speaker events
9. teaching
10. training and induction.

What is reasonably practicable may vary from institution to institution.

Changes to the regulatory framework

In this consultation we have set out how we propose to amend the OfS regulatory framework to make reference to our new general duties and general functions in relation to freedom of speech and academic freedom.⁴

Cost recovery

We have also set out proposals relating to the OfS’s approach to the recovery of costs incurred in relation to the free speech complaints scheme and to the imposition of monetary penalties on relevant students’ unions.

Who should provide feedback on our proposals

We are particularly (but not only) interested in hearing from students, staff, students’ union representatives and leaders at providers that will be engaging in the new arrangements. We welcome views from all types and size of provider and students’ union. We also welcome the views of schools, employers, third sector organisations, policy bodies and others with an interest in freedom of speech in English higher education.

Feedback on the proposals can be given via the online survey⁵ or you can find out more at one of the consultation events.⁶

Next steps

There will be many opportunities for engagement during the consultation period. Institutions, sector bodies, students and students’ unions will be invited to join a series of events.

The consultation will close on Sunday 26 May 2024. We will then analyse and consider the consultation responses and make decisions in respect of these proposals.

We have published an indicative timeline of the next phases of work in preparation for the new legislation over the next few months.⁷

2 See https://www.legislation.gov.uk/ukpga/2023/16/enacted.

3 See www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/.

4 See www.officeforstudents.org.uk/publications/regulatory-framework-for-higher-education-in-england/.

5 See https://survey.officeforstudents.org.uk/s/free-speech-duties/.

6 See www.officeforstudents.org.uk/news-blog-and-events/events/freedom-of-speech-guidance-consultation-webinars/.

7 See www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/.