Introduction to freedom of speech in higher education

In January 2025, the Secretary of State for Education made a statement in Parliament following the government’s review of the Higher Education (Freedom of Speech) Act 2023.

This set out the future direction for the legislation and confirmed the main duties on universities and constituent institutions of the act that have been brought into force.

Commenced 1 August 2025

For universities and colleges these include:

• a duty to take reasonably practicable steps to secure freedom of speech within the law
• a ban on the use of non-disclosure agreements to silence victims of bullying, harassment or sexual misconduct on campus
• a requirement for all universities to have codes of practice to ensure the protection of free speech
• a duty to promote the importance of freedom of speech in higher education.

For the OfS these include:

• a duty to promote freedom of speech.

Complaints scheme

The OfS free speech complaints scheme came into force on 1 September 2026. The complaints scheme:

• is open to staff and visiting speakers, not students. Students continue to have access to the Office of the Independent Adjudicator (OIA) complaints scheme for their unresolved complaints
• covers complaints about providers or their ‘constituent institutions’ (e.g. colleges within a collegiate university), but not students’ unions.

New conditions of registration

We are now also consulting on new conditions of registration for freedom of speech and academic freedom in English higher education. This consultation seeks views on how the OfS should regulate these conditions. 

The conditions will come into force on 1 April 2027. They are required by law, so the consultation focuses on the supporting guidance and the OfS’s approach to assessing compliance.

Read and respond to the consultation