As expected, the Higher Education (Freedom of Speech) Bill
includes provisions that are relevant to the Office of the
Independent Adjudicator for Higher Education' role and remit in
respect of student complaints involving concerns about freedom of
speech.
Following the earlier publication of the government’s policy
paper, Higher education: free speech and academic freedom, we
continued to discuss relevant elements of the proposals with
government and others. We raised some issues, especially around
clarity for students, and we are pleased that the government has
listened to some of our concerns.
The Free Speech and Academic Freedom Director on the OfS Board
will have a role in relation to individual complaints about
freedom of speech, including those raised by students at
OfS-registered higher education providers. Under the Bill
students would be able to choose whether to pursue their concerns
through the OfS Scheme or through our Scheme. We remain concerned
that it may be difficult for students to make a fully informed
decision about which route is best for their individual
circumstances and that the complexity of arrangements is still
likely to create confusion for students.
Ben Elger, Chief Executive said:
“We appreciate the government’s continuing engagement with us
about our concerns around the elements of the Bill that relate to
our role. We will work with government, the OfS and student and
sector organisations on this as the Bill progresses through
Parliament, to try to minimise the potential for confusion for
students and complexity for higher education providers as well as
any risk that students are disadvantaged in terms of access to
remedy for their complaint.”
Felicity Mitchell, Independent Adjudicator said:
“As the ombuds service for student complaints about higher
education providers, our role is to provide independent and
impartial review of unresolved complaints about the bodies in our
jurisdiction. That is different from the role of a regulator, and
it is important that this distinction is maintained. It will be
challenging to make sure that the Free Speech and Academic
Freedom Director, whose role includes championing free speech,
will also be in a position to fairly and impartially review
complaints about freedom of speech.”
ENDS
Notes to Editors
- The Office of the Independent Adjudicator for Higher
Education (OIA) is the independent student complaints ombuds
service for higher education in England and Wales. We are the
designated operator of the student complaints’ scheme under the
Higher Education Act 2004 and are approved by the Chartered
Trading Standards Institute (CTSI) as the alternative dispute
resolution (ADR) body for higher education. We are a member of
the Ombudsman Association.
- We have a wide remit to review student complaints on a broad
range of issues about higher education providers in England and
Wales, as set out in our Scheme
Rules. Over 800 higher education providers are members of
our Scheme.
- Our Scheme is free to students and has been designed to be
accessible to all students, without the need for legal
representation.
- You can find further information about the Scheme and our
work at https://www.oiahe.org.uk/.
Office of the Independent Adjudicator for Higher Education
