The Office for Students (OfS) has published new conditions on
freedom of speech, and is consulting on accompanying
guidance.
Both conditions relate to the existing legal duties on
universities and other higher education providers to secure
freedom of speech and academic freedomfor students, staff,
members, applicants to academic posts and visiting
speakers.
The OfS is introducing two conditions:
- E11 requires that governing documents are consistent with
provider compliance with their free speech duties and that
management and governance arrangements are adequate and effective
to secure that compliance.
- E12 requires institutions to meet their legal duties to
secure freedom of speech and academic freedom, to promote their
importance and to maintain a free speech code of
practice.
The conditions will apply to all universities and colleges
registered with the OfS from 1 April 2027. Condition E11 also
applies to those applying to register from then.
The introduction of the conditions is required by law. Their
wording reflects the requirements set out in legislation, and is
not being consulted on.
Instead, the OfS is seeking views on the guidance that helps
universities and colleges interpret the conditions. This includes
expanding existing guidance (Regulatory advice 24), which we are
integrating into the OfS's regulatory framework. This expansion
includes new draft guidance on the duty to promote the importance
of freedom of speech and academic freedom.
Commenting Arif Ahmed, Director for Freedom of Speech and
Academic Freedom at the OfS, said:
The free exchange of ideas, especially in relation to
controversial topics, is fundamental to a high quality higher
education sector. These new conditions will secure students' and
academics' rights to freedom of speech and academic freedom. The
draft guidance underpins these protections. It also seeks to
minimise unnecessary burden. This includes (where possible)
additional reductions to burden for further education colleges
not seeking Degree Awarding Powers.
We are seeking views on the guidance we will publish to help
ensure that universities and colleges can meet their legal and
regulatory free speech obligations. We are open to changing
our guidance in the light of this feedback, where doing so helps
us to deliver the objective that we know the sector shares:
robust protection of these fundamental rights for students, staff
and visiting speakers, whilst minimising unnecessary burden for
those that we regulate.
Taken together these conditions, and the new free speech
complaints scheme, will help to secure that liberty of thought,
discussion, teaching and research that underpins the vitality and
reputation of our world-leading higher education sector.
ENDS
Notes
- The Office for Students is the independent regulator for
higher education in England. Our strategy for 2025 to
2030 seeks to ensure that students from all backgrounds
benefit from high quality higher education, delivered by a
diverse, sustainable sector that continues to improve.
- The consultation will close on 23 November, and it is
intended that the conditions will be in force from 1 April
2027.
- On 1 September the OfS opened a free to use free speech
complaints scheme for staff, visiting speakers, non-student
members and those applying to be members of academic staff. In
August 2026 the OfS updated Regulatory advice
24, its guidance to help providers navigate their freedom
of speech duties
