Free speech complaints scheme - quick guide to our proposals
Please note that the scheme this page describes is not yet running. You will be able to raise a complaint about free speech under the scheme from August 2024.
Under new legislation, the Office for Students will set up and operate a complaints scheme about free speech in English higher education.
We expect the scheme to operate from 1 August 2024. It will be free to use.
We have set out in a public consultation how we propose that the scheme will work and we welcome feedback on our proposals. This guide gives a brief summary of our proposals. Our proposals are set out in full in the consultation document.
What is a complaint?
Under the scheme, anyone eligible will be able to complain about a university or college that is registered with the Office for Students.
This includes ‘constituent institutions’ at the university or college (for example, one of the colleges at the University of Cambridge).
Complaints can also be made about a ‘relevant’ students’ union. For the most part, this covers those students' unions at universities and colleges registered with the OfS in the ‘Approved (fee cap)’ category.
A person can raise a complaint about 'adverse consequences' they have suffered because of something that the university, college or students’ union they are complaining about has or has not done.
These consequences do not have to be financial, but the complaint must claim that they have come about because (or raise the question whether) the university, college or students’ union has breached its duty to secure free speech under the law.
Who will be able to complain?
Broadly, anyone can make a free speech complaint if they are or were a member, member of staff, student or (actual/invited) visiting speaker at the university, college or students’ union in question.
Anyone who has applied to become a member of academic staff at a university or college can also make a complaint.
How will the scheme work?
Many universities and colleges have their own complaints schemes. We propose that if the university, college or students’ union has a process for reviewing the complaint, it should be raised in that way first.
We propose that a person can normally make a complaint to the OfS:
- once any internal process has concluded, or
- 30 days after the process has begun
- whichever is sooner.
We are also proposing that a complaint should be submitted within 12 months of the ‘adverse consequences’ to which it refers last taking place.
We propose that complaints should be submitted using a complaint form that will be available on our website. The complaint form can be submitted online or through the post.
If the complainant has a disability, we can adjust this process to enable access.
The complaint form will request personal details and information that will help us to decide whether we can review the complaint. This will also help to inform how we review it.
We will not be able to review anonymous complaints.
If they choose, complainants will be able to ask somebody else – a representative – to conduct a complaint on their behalf. We will then correspond with the representative throughout the review process.
Complaints may be withdrawn at any time.
We are proposing that when we first receive a complaint we will decide whether we can review it.
If we decide that we can review it, we will decide what activities to undertake to conduct our review. We may request:
- further information from the complainant
- information from the university, college or students' union in question
- meetings with the complainant and/or the university, college or students’ union.
We may also seek information from others, such as suitable experts.
We will reach a decision based on whether it appears to us more likely than not that the complainant suffered adverse consequences and that this was because the university, college or students’ union has breached its duty to secure free speech.
We may find a complaint partly justified if we find that the university, college or students' union has breached its duty to secure free speech, even if we do not find that the complainant has suffered adverse consequences.
Complaints will vary in complexity, and we cannot predict with certainty how long any one complaint will take to resolve. However, we will reach a decision as soon as reasonably practicable.
Once we have reached a decision we will write to the complainant and the university, college or students’ union.
We will set out our decision in a formal notice or 'Notice of Complaint Outcome'.
If we find the complaint wholly or partly justified, we may make recommendations to the university, college or students' union in question.
These may include a recommendation that the organisation pays the complainant financial compensation.
Whether or not we find the complaint justified, we may also make suggestions to the organisation that was complained about.
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