Update on free speech and the new complaints scheme

I know that many institutions are working hard to secure, and to promote the importance of, free speech and academic freedom. We have already had a number of helpful and open conversations with universities and colleges that have raised concerns or questions with us.

I encourage all institutions to use the time between now and the opening of the scheme in September to review all their relevant policies and processes. In this blog I’ve set out some of the things I think it would be helpful for universities and colleges to think about now, and where it may be possible to resolve issues in advance. Of course, if you have identified free speech concerns, or need advice on any of your existing policies or procedures or would like to test potential ones in relation to free speech, we would welcome an early conversation.

Recruitment and promotion is one area where we have already had helpful engagement and would welcome more. For instance, institutions may be including belief requirements, such as ‘commitment’ to values relating to equality, or to the institution’s own values, in advertisements for academic posts.

To assist institutions to comply with their duty to take steps to secure free speech we published detailed free speech guidance – Regulatory advice 24 (RA24) – in June 2025. In setting out steps that may be reasonably practicable (and so required) the guidance says that 'Providers and constituent institutions should not require applicants to any academic position to commit (or give evidence of commitment) to a particular viewpoint’ (paragraph 139 of RA24).

This does not prevent institutions from lawfully regulating the conduct (rather than the beliefs) of staff, for example in their lawful anti-harassment policies. In this context, precise references to legal and regulatory equality and diversity requirements can help avoid any perception of a belief requirement. They can also ensure compliance with OfS free speech and academic freedom obligations. (See further paragraphs 68–95 and 98–105 of RA24). As I’ve said, we are happy to have conversations with institutions that would like to discuss their approach in this area.

Next steps

We are now working on the implementation of the complaints scheme, which we will introduce on 1 September 2026. When it opens it will be available for university staff, non-student members and visiting speakers to make free speech complaints to the OfS.

Our approach will be shaped by the detailed feedback we received in response to the December 2023 consultation on the proposed scheme rules, which will play a key role in informing our decisions. The new scheme will not now be open to students and the duties do not apply directly to students’ unions, and we will take that into account as we develop it. We will publish a summary of the consultation responses alongside the final complaint scheme rules.

We will announce our final plans for the free speech complaint scheme in the summer, and we expect to consult on new free speech conditions of registration later in 2026. In the meantime, we will continue to engage with students and the sector as we prepare for this new aspect of our role.

All staff and students are entitled to teach, learn and conduct research in a culture that values vigorous debate. We look forward to introducing the scheme and new conditions of registration as set out in the minister’s statement this week.

Please do get in touch with us at [email protected] if you would like to discuss your free speech policies.