OfS introduces free speech complaints scheme

The initiative stems from a recent ruling and encompasses non-student members, placing emphasis on clear processes and documentation surrounding speaker engagements. 

The Office for Students (OfS) is gearing up to open its free speech complaints scheme on 1 September 2026. The launch follows the publication of new rules and updated regulatory guidance, reflecting changes after the University of Sussex judgment. This innovative scheme will cater to a variety of individuals within higher education institutions, including staff, applicants for academic roles, and visiting speakers, while students will remain under the purview of the Office of the Independent Adjudicator for Higher Education.

It is pivotal to note that this scheme is free of charge and will only apply to incidents occurring from the opening date onwards, meaning no retrospective grievances will be entertained. To lodge a complaint, individuals must prove they have faced adverse consequences — which need not solely be financial — due to a provider's alleged violation of their free speech obligations.

The OfS aims to promote transparency by routinely publishing information about the complaints it receives, which could have significant reputational implications for institutions, regardless of the nature of the eventual recommendations. The regulator anticipates that most complaints will be evaluated within a six-month timeframe.

Bradley Evans, Senior Associate at law firm Browne Jacobson, emphasised the urgency for universities to prepare, stating, “With the scheme opening on 1 September, the groundwork needs to start now for universities to prepare.” He elaborated on a crucial aspect of the scheme, noting, “One of the most significant aspects of the rules is the breadth of the visiting speaker definition.” The implications of this breadth are profound, as it means that if any internal approvals have effectively obstructed a potential speaking engagement, the individual may be eligible to register a complaint, no matter how the decision was categorised.

Evans further warned institutions against relying on event approval processes as a protective shield, saying, “Institutions that rely on events approval mechanisms to manage which speakers appear on campus should not assume those processes offer automatic protection.” He reiterated the necessity for meticulous record-keeping regarding speaker decisions, highlighting, “the case for keeping detailed records of speaker decisions, and the reasoning behind them, is now a regulatory imperative.”

Moreover, he pointed out the significance of understanding the consequences of 'partly justified' findings, describing it as "a formal regulatory determination that the institution breached its duties." This comes with potential reputational damage, irrespective of specific recommendations made by the OfS.

A pressing concern is the handling of internal complaints. The new rules permit complaints to be accepted after 90 days from the commencement of an internal process, meaning institutions with slow or inefficient internal protocols risk facing involvement from the OfS before achieving resolution.

As universities prepare for the impending scheme, Evans advised, “Alongside the new scheme, the revised Regulatory Advice 24 needs to be reviewed and existing compliance frameworks updated to reflect the updated approach to proportionality.” He stressed that taking pro-active steps now could fortify their positions significantly in the event of a complaint or investigation. Institutions that act promptly rather than waiting for enforcement to catalyse changes will likely be at an advantage when navigating this evolving regulatory landscape