OfS free speech complaints scheme coming soon - what universities as employers need to be planning

The complaints scheme is expected to be in place by September, in time for the new academic year and will be available for university staff, external speakers and non-student members to raise concerns about providers who fail to protect freedom of speech.

From April 2027 new conditions of registration shall mean that the OfS will be able to fine providers for breaches of their duties under the Higher Education (Freedom of Speech) Act 2023 (HEFSA). Though the OfS has said that these aspects will be consulted on later in 2026.

Below, we explore the practical implications of these developments for universities as employers. Whilst the detail of how the scheme will work in practice is yet to be seen in the regulations, we offer guidance on how institutions can start to prepare.

Introduction of a complaints scheme

At present, university staff can use a university's internal procedures to raise a complaint, or bring a claim in the employment tribunal.

From September 2026, the OfS will operate a new complaints scheme allowing university staff, external speakers and non-student members to raise concerns about providers who fail to protect freedom of speech in line with their duties under HEFSA. The OfS will then investigate claims and can make recommendations that universities review decisions, pay compensation or alter its processes.

The complaints scheme will be free, though it isn’t yet clear how it will operate in practice. 

Universities will therefore face greater scrutiny regarding their policies and practices on freedom of speech. Institutions may want to take the opportunity to review all relevant policies and procedures, and think about how to pre-empt external investigations.

Conditions of registration and financial penalties

From April 2027, universities must comply with new conditions of registration under HEFSA. Breaches could result in fines of up to £500,000 or 2% of income, whichever is higher. In severe cases, universities risk deregistration, which would mean losing access to student support funding and public grants.

Universities must ensure policies, processes and training are robust to meet the new regulatory standards. Fines and deregistration pose significant risks, requiring proactive risk management and internal audits.

Managing complaints effectively

Whilst we await the detail of the OfS complaints scheme, below are some steps to start preparing for these changes:

Strengthen policies and procedures

• Review existing policies: Review and update all relevant policies, codes of practice and procedures to ensure compliance with HEFSA and, once the regulations are released, reflect the regulations and OfS guidance.
• Develop clear complaints processes: Ensure staff and external speakers understand how to raise concerns internally before resorting to the OfS scheme.
• Training and awareness: Consider providing training to staff on their rights under HEFSA and the complaints process. This should be alongside training on preventing harassment and discrimination, which is not protected by the free speech regime. Further, universities should consider training for those who are responsible for dealing with complaints in relation to free speech, such as under grievance processes.

Monitor compliance proactively

• Internal audits: Conduct regular reviews of policies, practices and decisions to ensure compliance with HEFSA.
• Risk management: Identify areas of vulnerability, such as handling controversial speakers or managing foreign interference, and address them proactively.
  

Foster a culture of open debate

• Encourage dialogue: Create forums and opportunities for staff and students to engage in respectful debate on challenging topics.
• Protect vulnerable individuals: Balance freedom of speech with safeguarding measures to prevent harassment or hate speech.

Collaborate with regulators

• Engage with the OfS: Build a constructive relationship with the regulator and feed in to the consultation on the new conditions of registration, to ensure that the views of higher education providers are taken into account.
• Sector-wide cooperation: Work with other universities and professional bodies to share best practices and navigate the new regulatory landscape.

Conclusion

The further strengthening of protections for freedom of speech and academic freedom mark a pivotal moment for universities as employers. While these measures are not unexpected, they bring new challenges in compliance, risk management and cultural change. 

Universities should view these changes as an opportunity to enhance their reputation as inclusive and accountable institutions, ensuring that staff, students and external speakers feel confident in their ability to express ideas freely while maintaining respect and professionalism.

We shall provide a further update on this once the detail of the regulations and consultation are known.

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For further information or support for your organisation please contact Clare Smith or Katie Hurst in our Higher Education team.