Executive summary

Freedom of speech and academic freedom are fundamental to the core mission of universities and colleges – the pursuit of knowledge. The robust exchange of ideas provides the essential underpinning for a high quality education. As the statutory regulator for higher education in England, the OfS will support institutions to protect these basic rights.

This consultation seeks views on how the Office for Students (OfS) should regulate new conditions relating to freedom of speech and academic freedom in English higher education. These conditions come into force on 1 April 2027. The conditions are required by law, so the consultation focuses on the supporting guidance and the OfS’s approach to assessing compliance.

Reasons for this consultation

In August 2025 new duties relating to freedom of speech in higher education came into force under the Higher Education (Freedom of Speech) Act 2023 (HEFSA).¹ These apply to higher education provision in England only. They do not require registered providers or their constituent institutions to take steps to secure freedom of speech in respect of their activities outside England.

On 20 April 2026 the government announced the commencement of new powers for the OfS to enforce compliance with these duties.² It also announced the new free speech complaints scheme, which opened on 1 September.³

The Higher Education and Research Act 2017 (HERA), as amended by HEFSA, will require us to introduce new conditions of registration to ensure providers safeguard freedom of speech and academic freedom for their students, staff, members, applicants to academic posts and visiting speakers.

One of the new conditions relates to higher education providers’ governing documents (E11.1) and to their management and governance arrangements for freedom of speech (E11.2). This will apply when a provider registers and while it remains registered. Together these are ‘initial’ and ‘ongoing’ condition E11.

A second new condition covers provider compliance with the new free speech duties (A1 to A3 of HERA).⁴ This is ongoing condition E12 and will apply while a provider remains registered.  

These new conditions will be effective from 1 April 2027 and will apply to all providers on the OfS register and those seeking to register to deliver higher education in England after that date.

What we want to achieve

We want to ensure that:

• providers comply with the free speech duties
• their governing documents are consistent with compliance
• their management and governance arrangements are adequate and effective to secure compliance.

Our intention is that the new requirements are not unnecessarily burdensome and that (in relation to registration) they should not unnecessarily extend registration timescales or make the process unnecessarily onerous for providers or the OfS.

For further education colleges without or not seeking degree awarding powers (DAPs)

In July we simplified our requirements for further education colleges without or not seeking DAPs to minimise regulatory burden,⁵ including the disapplication of initial condition E7 (a set of governing documents and business plans) and E2 (management and governance). Rather than reapplying conditions E7 and E2 to regulate compliance with free speech duties, we are proposing to take an approach that will put less of a burden on these colleges.

At the point of registration, for the purposes of condition E11.1, we will require these providers to submit all governing documents they have that fall within the defined set of governing documents and to confirm that all of their governing documents are consistent with compliance with their free speech duties. For the purposes of initial condition E11.2, we will require them to submit a self-assessment of their governance arrangements, including, for example:

• how they will assess risks relating to freedom of speech
• how they ensure board members have the skills and knowledge to comply with the free speech duties
• how they will handle free speech complaints
• what resources they have for free speech compliance.

What do we want your views on?

New initial and ongoing condition on providers’ governing documents and their management and governance arrangements for freedom of speech (E11)

We are seeking views on:

• proposed guidance on how providers can comply with the requirements of the new condition E11 and how we will assess provider compliance.

This condition relates to a provider’s governing documents and its management and governance arrangements for securing compliance with its free speech duties. This guidance aims to help providers and their governing bodies understand how they can comply with the condition. It also sets out how we plan to assess provider compliance in a clear, risk-based and proportionate way both at registration and on an ongoing basis.

New ongoing condition on compliance with the free speech duties (E12)

We are seeking views on:

• proposed guidance on how we will assess compliance with the free speech duties as required by condition E12.
• proposed new sections to the existing free speech guidance (Regulatory advice 24)⁶ in relation to the duties to:
  • secure freedom of speech under HERA section A1;
  • maintain, and secure compliance with, a code of practice under section A2; and
  • promote the importance of freedom of speech under section A3.⁷

The new guidance and expanded Regulatory advice 24 aim to help registered providers and their constituent institutions:

• comply with the requirements of the duties
• understand what information we may consider
• understand how the free speech complaints scheme may inform our regulatory work.

What we are not consulting on

We are not consulting on whether we introduce the new conditions because we will be required to do this by law. We are also not consulting on:

• the wording of the conditions as we have aligned this with the wording of the legislation
• the underlying free speech duties themselves
• the definition of ‘governing documents’ for the purposes of E11.1 as this is a statutory term (the definition of which is aligned with caselaw)
• moving Regulatory advice 24, free speech guidance, into the regulatory framework as new Annex D: Free speech guidance
• the three-step framework set out in Regulatory advice 24, free speech guidance (as we have already consulted on this). However, we are consulting on our proposal to use this to assess providers against E12 in relation to the A1 ‘secure’ duty (as set out in our proposed E12 guidance)
• the content of our existing published Regulatory advice 24.

Who should respond to the online survey

We are particularly (but not only) interested in hearing from students, staff, students’ union representatives and leaders at providers. We welcome views from all types and size of provider and students’ unions. We welcome responses from:

• anyone with an interest in English higher education
• students, staff, academics and leaders at higher education providers
• schools and further education colleges
• employers, third sector organisations
• policy bodies.

You can respond via the online survey and you can find out more about our proposals and ask questions at one of our briefing events. Further details will be on the OfS website.

Next steps

The consultation will close on 23 November 2026. We will then analyse and consider the responses and make decisions. We expect to publish our final decision in spring 2027 ahead of the conditions coming into effect on 1 April 2027.

We will also continue to engage with the sector. If providers or constituent institutions have free speech concerns, or need advice on any existing or contemplated policies or procedures in relation to freedom of speech, we would welcome an early conversation. They can get in touch at [email protected].

Notes

[1] See Changes to regulation - Office for Students.

[2] See New powers to protect vital free speech at universities - GOV.UK.

[3] See Free speech complaints - Office for Students.

[4] See Higher Education and Research Act 2017- GOV.UK.

[5] See OfS simplifies its requirements for further education colleges to minimise regulatory burden - Office for Students.

[6] See Regulatory advice 24: Guidance related to freedom of speech - Office for Students.

[7] See Higher Education and Research Act 2017 - GOV.UK - Section A1; Higher Education and Research Act 2017 - GOV.UK - Section A2; and Higher Education and Research Act 2017 - GOV.UK - Section A3.