New complaints system to safeguard speech

The Office for Students (OfS) will manage this new initiative, allowing staff, external speakers, and non-student members to voice concerns about higher education providers who neglect to safeguard academic freedom. Through this complaints system, the higher education regulator will thoroughly investigate claims and may recommend that universities reevaluate their decisions, offer compensation, or amend their procedures. Formal regulations are set to be published in June 2026, with the system taking effect in the new academic year starting September 2026. Institutions will also face the possibility of fines beginning in April 2027 for non-compliance with the new rules.

Trish D’Souza, Legal Director at Browne Jacobson, stated that “a complaints scheme was initially proposed under the previous government but was dropped by Labour when it came into power.” She added that “it seems that due to pressure following high-profile freedom of speech cases involving university staff, the current government wishes to ensure that staff members and non-student staff have recourse to a complaints scheme if they have concerns.” D’Souza further highlighted that it may have been more prudent to wait for the outcome of a judicial review by the University of Sussex regarding a fine imposed by the OfS over compliance issues.

She expressed concern that “considering there are already complaints routes available to students and staff, these new measures may feel like a sledgehammer is being used to crack a nut.” D’Souza warned that this could undermine the autonomy of higher education institutions and lead to conflicting procedures. With fines potentially reaching into the hundreds of thousands or millions, she stressed the importance of universities comprehending the implications of the new complaints scheme and how it interacts with existing grievance processes, which may significantly overlap.