The announcement that a long-awaited free speech complaints scheme for English universities will come into force from September has left some people concerned about the short time frame for implementation and the ability of the regulator to handle complaints efficiently.

Through a free grievance process, university staff and visitors will be able to file complaints with the Office for Students (OfS) from September if they feel universities have impinged on their free speech.

Free speech campaign groups have long lobbied the government to introduce such a scheme, arguing that without it there is no mechanism for academics and others to seek redress in the case of perceived breaches. 

Alice Sullivan, a professor of sociology at UCL who previously accused the University of Bristol of mishandling a guest lecture she was set to hold, told ߣߣ��Ƶ that the announcement was a huge relief for those who care about the integrity of universities.

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“Universities already have a duty to uphold academic freedom but without a complaints scheme, there was no way of enforcing this on the ground. Both universities and academics will benefit from the clarity that the complaints scheme provides.”

Regulations will be laid out in June to introduce the complaints scheme, which was included as part of the Higher Education (Freedom of Speech) Act but was not implemented alongside other parts of the law last year.

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Abhishek Saha, a founder member of the London Universities Council for Academic Freedom, said that the complaints scheme is a “significant and overdue” step towards making the act enforceable in practice.

“The complaints scheme will give academic staff a real route to redress when their academic freedom rights are breached. It will also build a body of precedent around the new duties, giving universities clearer guidance on what the law requires and helping to foster a culture of lawful free expression on campus.”

New conditions of registration will mean that the OfS can fine universities for freedom of speech breaches from April 2027.

In a statement to Parliament, education minister Bridget Phillipson said the OfS would “consult on and prepare conditions and guidance, and take forward other important work on provider governance, in time for those provisions coming into force”.

She added that she would “seek a suitable legislative vehicle” to repeal the tort on students’ unions, which the legislation was originally intended to apply to. 

It was also originally designed to ensure the OfS monitored the overseas funding of higher education providers to prevent foreign states from influencing academic freedom. Phillipson said she would keep the commencement of these measures under review, noting that the regulator already has “extensive powers” to impose sanctions where breaches have occurred. 

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Edward Skidelsky, director of the Committee for Academic Freedom, said the success of the scheme will depend on how it operates in practice, warning of a risk that complainants could struggle to navigate the process or to frame their concerns in a way that engages the relevant legal duties.

“If the pipeline of cases is well formed and the OfS is willing to act decisively, then this scheme could, over time, begin to shift institutional behaviour in a meaningful way. But that will depend not just on the formal powers but on how confidently and consistently they are used.”

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Smita Jamdar, head of education at law firm Shakespeare Martineau, said some big issues remain unresolved, including how the OfS will determine whether speech is within the law, and how it will build confidence in its decision-making.

“Crucially, how will the OfS ensure its process is efficient and timely, given the extensive evidence across its activities that it can be slow and ponderous?” she asked.

“September seems a very short deadline for all this to be resolved and the risk is that we will end up with a bit of a dog’s breakfast and lots of legal challenges which will help neither individuals nor institutions.”

Jo Grady, general secretary of the University and College Union, criticised the government for refusing to help universities in financial difficulty, but being willing to intervene to take money away from universities.

"We have big concerns over how the OfS, which was often wielded as a political cudgel by the previous Conservative government, will use its powers and whether they will be applied fairly.

“The OfS must no longer be used as a tool in campus culture wars. It should instead be repurposed to provide funding that will protect student provision and stop any institutions from going under.”

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A spokesperson from the OfS said: “We have always been clear that we approach free speech regulation in a viewpoint-neutral way. In June 2025, we published detailed guidance to help institutions consider their approach to complying with the free speech duties and the steps they may be able to take to secure free speech within the law.”

patrick.jack@timeshighereducation.com