Interim Office for Students chair appointed as Higher Education (Freedom of Speech) Act 2023 is stopped.
The role of the Office for Students will be refocussed to prioritise the financial stability of the higher education sector and deliver better quality and outcomes for students, the government has announced.
Analysis from the Office for Students earlier this year showed increased financial challenges for the sector, with many institutions needing to make significant changes to their funding model to avoid facing a material risk of closure.
The OfS' refreshed focus follows the publication of an independent report recently - Fit for the Future: Higher Education Regulation Towards 2035 - which recommends that the regulator closely monitors the financial sustainability of all higher education providers.
The government has also appointed a new interim chair of the OfS, Sir David Behan, who will be tasked with ensuring that the regulator concentrates its efforts on these key priorities following the publication of his review into the organisation.
Under plans announced recently, the Secretary of State for Education has also stopped the implementation of the Higher Education (Freedom of Speech) Act 2023 and re-affirmed the government's firm commitment to freedom of speech, with universities expected to deliver on their duty to protect it. The Education Secretary will consider options for the Act in the long term, including repeal.
The move to stop implementing the Act reflects widespread concern that the legislation is disproportionate, burdensome and damaging to the welfare of students while not addressing hate speech on campuses.
The new rules would have exposed higher education providers to costly legal action that would impact teaching and learning. Groups representing Jewish students have also expressed concerns that sanctions could lead to providers overlooking the safety and well-being of minority groups.
Education Secretary Bridget Phillipson recently said:
For too long, universities have been a political battlefield and treated with contempt, rather than as a public good, distracting people from the core issues they face. The steps announced today will sharpen the focus of the Office for Students, with greater emphasis on ensuring the financial stability of the sector.
We are absolutely committed to freedom of speech and academic freedom, but the Free Speech Act introduced last year is not fit for purpose and risked imposing serious burdens on our world class universities.
This legislation could expose students to harm and appalling hate speech on campuses. That is why I have quickly ordered this legislation to be stopped so that we can take a view on next steps and protect everyone's best interests, working closely with a refocussed Office for Students.
Phil Rosenberg, President of the Board of Deputies of British Jews, recently said:
We welcome the Secretary of State's decision to halt the implementation of the Higher Education (Freedom of Speech) Act, pending consideration of repeal.
The Union of Jewish Students has been clear that the act, while well-intentioned, risked enabling antisemitic extremists to access university campuses by severely impacting the ability of universities to block their presence - we strongly support UJS's concerns and reflected this in our Jewish Manifesto for the 2024 General Election.
This halt will enable the government to consider how to ensure that freedom of speech is protected without allowing free rein to purveyors of hate speech.
Additionally, the OfS plans to introduce strengthened protections for students facing harassment and sexual misconduct, including relating to the use of NDAs in such cases by universities.
The Fit for the Future: Higher Education Regulation Towards 2035 report published recently finds that the case for bold regulation of higher education is clear and that the OfS should concentrate on four key priorities in the short term: monitoring financial sustainability, ensuring quality, protecting public money and acting in the interests of students.
The government accepts his core recommendations, recognising that strong regulation is crucial to ensuring a stable future for the UK's world-leading higher education sector, which is a key engine at the heart of growth plans.
Sir David said the OfS and the government should work together to manage financial sustainability, sharing intelligence and data proactively to protect students. He has also recommended the OfS introduces an integrated assessment of quality, creating a regulatory model that incentivises ongoing improvement for all students, and that the body is given consumer protection powers in order to defend students' interests.
Sir David Behan recently said:
It has been a privilege to lead the review of the OfS and I now look forward to delivering the changes the review recommends, importantly financial sustainability, quality, student interest and value for money.
A spokesperson for Universities UK recently said:
Sir David Behan's review is thorough and we welcome many of its recommendations. Its findings underline the importance of an independent regulator for higher education in England and the need for a focus on the financial sustainability of the sector.
This will continue to strengthen the sector's relationship with the OfS and ultimately help deliver better outcomes for students. We have already observed an improvement in the OfS's relationship with the sector and this review will help consolidate this.
We look forward to working closely with both the department for education and the Office for Students in the coming months.
The higher education sector is encouraged to engage proactively with the OfS to help shape future regulation as the government seeks to build a balanced and sustainable funding model, fostering a more inclusive and resilient higher education sector that benefits all students.
Notes to Editors
- To stop the implementation of the Freedom of Speech Act the Secretary of State has revoked the second commencement regulations made under it. She will rapidly review the legislation and confirm long-term plans as soon as possible.
Provisions in the second commencement regulations made under the Higher Education (Freedom of Speech) Act 2023 which have now been stopped:
From 1 August 2024:
- Extending the duties on registered HE providers and constituent institutions in England to require them to take reasonably practicable steps to secure freedom of speech within the law for their staff, students, members and visiting speakers, and to promote the importance of lawful freedom of speech and academic freedom.
- Creating duties on students' unions at many registered HE providers to secure freedom of speech within the law for their members, staff and visiting speakers
- Creating a statutory tort for breach of specified freedom of speech duties, enabling individuals who have suffered loss to seek legal redress
- Creating a free to use complaints scheme to be operated by the OfS, enabling staff, students, members or external speakers to raise complaints about providers or students' unions breaching their duties under the Act to secure or promote freedom of speech within the law
- Enhancing protection for academic freedom by extending coverage to include recruitment and promotion of academics
- Banning the use of non-disclosure agreements (NDAs) by registered HE providers in relation to complaints to the provider of sexual misconduct, bullying or harassment.
From 1 September 2025:
- Introducing new registration conditions for registered higher education providers on freedom of speech and academic freedom (requiring them, for example, to have in place suitable codes of conduct).
- Introducing new transparency measures in relation to overseas funding to enable the OfS to assess whether that funding might pose a risk to freedom of speech or academic freedom.
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