Office for Students free-speech complaints scheme to go live on 1 September

A new complaints scheme for a new academic year! 1 September 2026 marks the launch of the new scheme for complaints about HE providers’ compliance with their free-speech duty. 

The Scheme follows on from the Higher Education (Freedom of Speech) Act 2023 (the “Act”). This imposes obligations on higher education providers to take reasonable steps to secure freedom of speech within the law. The Office for Students ("OfS") is responsible for monitoring compliance with this duty. It will review allegations where: 

1. the person making the complaint has suffered adverse consequences; and 
2. the claim gives rise to a question as to whether the action or inaction was a breach of the respondent’s free speech duty. 

The Scheme is not retrospective and will only consider actions or inactions that take place from 1 September 2026. 

HE providers still getting to grips with their obligations under the new Act will be reassured by the OfS’s carve out for complaints which it deems to be frivolous or vexatious. How it assesses this standard in practice remains to be seen. 

Importantly, HE providers cannot put off engaging with the Scheme until a complaint is raised. Section N of the Scheme requires them to update their internal policies, staff induction materials, and student application materials to prominently advertise the Scheme. This should be done as soon as reasonably practicable after 1 September 2026 and no later than 1 January 2027.  

See full details of the Scheme on the OfS website here. If you would like any advice on making or responding to a complaint, please do not hesitate to get in touch.