Regulatory guidance on free speech – a quick guide to our proposals

The proposed guidance includes examples of steps that may be reasonably practicable steps to securing free speech. If a step is reasonably practicable for a provider, constituent institution or students’ union, then it must take that step.

Some examples also show when reasonably practicable steps may not have been taken to secure free speech.

The examples will help universities, colleges and students’ unions navigate their free speech duties.

They cover the topics of:

• admissions, appointments, employment and promotion
• codes of conduct
• complaints and investigation processes
• free speech code of practice
• free speech complaints scheme
• governance
• research
• speaker events
• teaching
• training and induction.

What is reasonably practicable may vary from institution to institution.

In this consultation we have set out how we propose to amend the OfS regulatory framework to make reference to our new general duties and general functions in relation to freedom of speech and academic freedom.

We have also set out proposals relating to our approach to the recovery of costs in connection with the new free speech complaints scheme and the imposition of monetary penalties on students’ unions.

We have already published guidance about how we recover costs from universities and colleges registered with the OfS where we have applied sanctions to them.  

The new freedom of speech legislation empowers the OfS to recover costs where:

• we have taken a decision that a complaint raised about a registered university or college, a constituent institution or a relevant students’ union under the OfS free speech complaints scheme is justified or partly justified
• we have imposed a monetary penalty on a relevant students’ union about a breach of any of its free speech duties.

In these circumstances, we propose to apply the approach we have set out in our published guidance on recovering costs.