Consultation on the OfS’s new free speech complaints scheme

131. We propose that we may seek representations from the complainant and/or the respondent as appropriate, before reaching any final decision about:
     1. Whether we can review a complaint under the rules.
     2. The extent to which a free speech complaint is justified.
     3. Whether to make, and the form and content of, any recommendation or suggestion.

132. We considered whether to propose that we would always seek representations from one or both parties to a complaint before making final decisions. Or conversely, whether to propose that we would never seek representations. The Act will require us to reach decisions as soon as reasonably practicable.⁵⁴ Representations may introduce delay into the process. However, we consider that in some cases, though not necessarily all, it may be appropriate for us to seek representations from one or both parties, before making a final decision. We have therefore proposed flexibility to allow us to do so. We propose to determine whether to do so on a case-by-case basis.

[54] HERA Sch. 6A 6(1)(b).