Consultation on the OfS’s new free speech complaints scheme

133. We propose that we may require the complainant and/or the respondent to provide us with information about a free speech complaint. For example, we may require this to help us to determine whether we can review the complaint under the scheme rules, or the extent to which a free speech complaint is justified. We propose to set out each such requirement in writing in a notice. We also propose that the complainant and the respondent must provide us with the information that we specify in the notice and at the time and in the manner and form we specify.

134. Under Proposal F (Reviewing a complaint) we have explained our proposals for how we may review a free speech complaint. Those proposals include us requesting information from the complainant and/or the respondent. The Act requires respondents to comply with the requirements of the scheme.⁵⁵
135. We have proposed the information requirement referred to above to enable us to obtain information from the complainant and/or the respondent in a timely manner. The information that we need to enable us to make a decision about a free speech complaint may vary depending on the circumstances of the case. Therefore, we have not proposed in the scheme rules, an exhaustive list of the information that we may require or set timescales within which this information must be provided. Rather, we have proposed a flexible approach that will allow us to set out in writing the information that we require, together with the form that information should take and the timescales within which it should be submitted to us.

[55] HERA Sch. 6A 11(1).