Consultation on the OfS’s new free speech complaints scheme

139. We are proposing that from 1 August 2024, providers, constituent institutions and relevant students’ unions should advertise this scheme in relevant materials. Those materials are listed in section N of the proposed scheme rules. Broadly, they include:
     1. Staff and student induction materials.
     2. Free speech code of practice and any processes for managing speaking events.
     3. Internal complaints and appeals processes.
     4. For providers and constituent institutions, application materials for applicants for academic posts.
140. We have proposed a short paragraph, describing the scheme, that should be included in those materials. This is set out in section N in the scheme rules.
141. We are also proposing that providers, constituent institutions and relevant students’ unions should bring the scheme to the attention of members, staff and students at least once a year.

142. In our view, the scheme can only be effective if those who might want to use it are aware of it. In our proposals we have listed the key materials that we consider should signpost to the scheme. Those are the materials that we consider potential complainants may engage with in relation to matters that could later form the subject of a free speech complaint. We have proposed some simple wording for inclusion in those materials. This will ensure that organisations are consistent in the way they advertise the scheme. It will also support organisations to ensure that they refer to the scheme appropriately.
143. We considered whether to propose a longer deadline (after 1 August 2024) by which date organisations should include the signposting text in relevant materials. However, we expect that the scheme will come into effect on 1 August 2024 and we consider it to be important that the scheme is appropriately signposted to potential users from that date.
144. We have proposed that the wording should be included in a ‘prominent place’ in the relevant materials. For example, it may be appropriate for the scheme to be advertised at the beginning of a complaints process as well as at the end. This is because under our proposals, a complainant may be able to complain to the OfS before they have completed that process.
145. We have also proposed that organisations should bring the scheme to the attention of members, staff and students at least once year. We consider that this is also an important mechanism through which persons who may wish to use the scheme are informed about it. We also note that the Act will separately impose a requirement on organisations to bring their free speech code of practice to the attention of students at least once a year.⁵⁷

[57] HERA Part A1 section A2(5)(b) and Part A1 section A6(5)(b).