Our response to the Office for Students’ consultation on free speech regulatory advice

Last updated on Monday 20 May 2024 at 4:43pm

We’ve responded to the Office for Students (OfS) consultation on their proposed regulatory advice and other matters relating to freedom of speech.

The consultation seeks views on:

the OfS’ proposed guidance on the new free speech duties imposed on universities, colleges and students’ unions
amendments to the OfS regulatory framework
the OfS’ recovery of costs from universities, colleges and students’ unions in connection with the new free speech complaints scheme and regulation of students’ unions

Our response

Summary

Although we welcome the OfS’ decision to provide guidance on freedom of speech, the examples provided by the OfS are oversimplified and exaggerated in nature and do not reflect the highly complex, nuanced situations that higher education providers face relating to freedom of speech. This may limit their usefulness to universities and colleges. We recommend that the OfS makes clear that the examples are intended to be high level and indicative, and develops more detailed case studies.
It's not clear to what extent the proposals relate to transnational education (TNE), if at all. This is a matter that requires urgent clarification. It’s our very strong view that the application of the guidance in TNE settings requires greater consideration by the OfS.
We're concerned about the level of regulatory burden set out in the requirements of the guidance, including requirements around training and record keeping.
We urge the OfS to further consider how it intends universities’ equality, diversity and inclusion (EDI) activity, including work to tackle harassment, to work with this guidance in practice. This should include explicit consideration of the need to promote good campus relations.
We also have significant concerns about how this guidance is intended to relate to quality assurance and academic standards, and suggest that the OfS should consider reframing the guidance to acknowledge the importance of strong academic governance.
On recovery of costs (charging universities, colleges and students’ unions for the cost of investigating a complaint), we welcome that the approach to recovery of costs proposed is in line with the OfS’ usual practices. We recommend that the OfS sets a cap for the costs that can be recovered per investigation, and publishes that what the cap is for transparency.

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Our response to the Office for Students (OfS) ‘Consultation on proposed regulatory advice and other matters relating to freedom of speech’

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Our response to the Office for Students’ consultation on free speech regulatory advice

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Our response

Summary

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Our response to the Office for Students (OfS) ‘Consultation on proposed regulatory advice and other matters relating to freedom of speech’

Beth Cooper

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Our response to the Office for Students’ consultation on free speech regulatory advice

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Our response

Summary

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