The Office for Students (“OfS”) will write to university vice chancellors and publish updated guidance to help universities understand their obligations relating to free speech and academic freedom, according to the Skills Minister, Jacqui Smith.

The intervention comes against the backdrop of the much-publicised decision by the OfS to issue a record fine of £585,000 to the University of Sussex for breaching its regulatory requirements, after an investigation found that its ‘Trans and Non-Binary Equality Policy Statement’ failed to uphold freedom of speech and academic freedom.

In addition to the regulatory breaches that the OfS found, it expressed concern that the university may not have complied, or acted compatibly with, the right to freedom of expression under Article 10 of the European Convention on Human Rights and section 43 of the Education (No.2) Act 1986, which places an obligation on universities to “take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers”.

The University of Sussex has criticised the findings of the OfS and stated that it intends to seek a judicial review.

In the meantime, it and other universities will be updating policies to comply with the latest piece of legislation in this area, the provisions of which the Education Secretary confirmed should be introduced before the start of the next academic year.

The Higher Education (Free Speech) Act 2023 requires all higher education providers to take reasonably practical steps not only to protect, but also promote freedom of speech and academic freedom. It also requires universities to have robust codes of practice in place to ensure the protection of free speech. The OfS will be charged with enforcing these codes of practice and will be able to investigate complaints and issue fines. However, the Government has confirmed that it will repeal a provision that gave individuals the right to bring claims against the university or student union, as well one that directly imposed duties on students’ unions to take reasonably practicable steps to secure free speech and to maintain a code of practice on free speech.

To read more about the Act, click here.  To read the OfS’ report, click here.