Office for Students’ free speech complaints scheme now in force

Complaints under this scheme can be made by individuals who are or were members of staff, applicants for employment as members of academic staff or non-student members of relevant providers and constituent institutions, as well as visiting speakers (actual and invited).

Where, after investigation, the OfS finds that the complaint is justified or partially justified, it will make recommendations which could include the respondent being required to pay compensation to the complainant. In addition, if a complaint is found to be justified or partly justified, the OfS may require the provider to pay the OfS the costs it has incurred in making the decision. The OfS will publish information about free speech complaints received under the scheme.

Scheme rules overview

The free speech complaints scheme covers higher education providers registered with the Office for Students, and their constituent institutions (which include any constituent college, school, hall or other institutions of the registered higher education provider). These bodies are referred to as “respondents” in the rules governing the OfS free speech complaints scheme.

What constitutes a “free speech complaint”?

A free speech complaint is a complaint in which an eligible person (see above) claims that they have suffered adverse consequences as a result of action or inaction by the respondent which is alleged to be a breach of the respondent’s free speech duties, or gives rise to a question as to whether those duties have been breached. The adverse consequence does not have to be financial and a free speech complaint may include complaints other than free speech complaints (however, in those cases, the OfS will only determine the other complaints to the extent necessary for determining whether the free speech complaint is justified).

Who can make a complaint under this scheme?

The new scheme is free to use, and will be available to staff, applicants to academic posts, visiting speakers (actual or invited) and non-student members of the provider.

Can students use this scheme to complain if they believe their free speech rights have been infringed?

Students cannot use this scheme, but can continue to make free speech complaints through the Office of the Independent Adjudicator for Higher Education.

What complaints can be made under the scheme?

A complaint under the scheme can be made if an individual considers that they have suffered adverse consequences because of something that the provider has or has not done, and alleges that these consequences have arisen because the provider has – or might have – breached its duty to secure free speech within the law.

The OfS guidance on the scheme provides examples of complaints, such as an individual being prevented from conducting research, or a speaking event by a visiting speaker being cancelled.

From what date can the new scheme be used and what are the requirements for lodging a complaint?

The action or inaction complained about must have taken place on or after 1 September 2026. The scheme is not retrospective.

The complainant will be expected to have made a complaint under the provider’s internal complaints procedure, or to have completed any other relevant internal process such as a grievance or appeals process, prior to the using the OfS free speech complaints scheme. Where the provider has such an internal process, the OfS will “normally” only accept a free speech complaint either (a) once the complainant has received confirmation from the provider that the complainant has completed that process or (b) if earlier, once 90 days have elapsed since that internal complaints process began.

Transitional arrangements

The scheme is not retrospective. Where a free speech claim has a relationship to action or inaction before 1 September 2026, the OfS will review the complaint only in relation to those actions or inactions that took place on or after 1 September 2026.

However, the OfS guidance provides an example of a transitional arrangement where in the first few months of the scheme, an individual may have recently completed an internal complaints procedure relevant to the actions of the respondent they wish to complain about. This may apply, for example, where the issue relates to a policy of the respondent, which has been in place before 1 September 2026 and remains in place after that date, and which is alleged to infringe the respondent’s free speech obligations.

In these circumstances, the complainant must confirm that the provider shares the same understanding of the status of the prior complaint, for example that the process is completed. The OfS state that they would expect to see evidence dated after 1 September 2026 which confirms that the provider shares the complainant’s understanding of the status of the prior complaint. Once this confirmation is received, the complaint can be submitted to the OfS without waiting for the 90 days to elapse (the implication is that if this confirmation is not received, the complainant will have to wait 90 days after 1 September to make the complaint under the free speech complaint scheme). However, if the institution decides to consider the matter in the new context after 1 September 2026, then a complaint can be submitted to the OfS once that process is complete or, if earlier, once 90 days has elapsed.

Are there time limits by which a complaint must be made?

A free speech complaint must be submitted to the OfS by 12 months after the date on which it appears to the OfS that the action or inaction being complained about last occurred. A complaint must be submitted using the complaint form which can be found on the OfS website. Anonymous complaints will not be reviewed, however the OfS will make “reasonable attempts” to protect a complainant’s identity if they make a compelling case for this to be done.

How will the OfS review a free speech complaint?

The OfS review process will normally involve the respondent being asked for their comments on the complaint and any accompanying documents submitted by the complainant. Providers will be expected to give their response within a minimum of 14 days unless it is appropriate to extend the deadline. The complainant will then be asked to comment on the response received, and this will normally be required within a minimum of 14 days unless the deadline is extended. The OfS may seek further information from either party to the complaint. The review exercise will primarily be paper based but face-to-face meetings may be undertaken if considered to be appropriate, and expert evidence may be sought if necessary.

The OfS will first of all reach a provisional decision and share that with the parties to the complaint. After the parties have had an opportunity to comment, the OfS will make its final decision and publish the outcome.

What are the outcomes that the OfS can issue once the complaint has been reviewed?

A “notice of complaint outcome” will be issued setting out the decision, which will be that the complaint is justified, partly justified or not justified, and the reasons for this. A complaint will be found to be justified if the OfS consider that (a) it is more likely than not that the respondent has breached, or is breaching, its free speech duties and (b) it is more likely than not that the complainant has suffered adverse consequences, that are more than minor or trivial, as a result of the breach.

If a complaint is found to be justified or partly justified the OfS will make a recommendation to the respondent provider. Under the scheme rules, a recommendation may include the payment of money to the complainant. A respondent will be expected to comply with any recommendations made, within specified time limits, and to report to the OfS when this has been done.

Is the complaint scheme separate to any regulatory or enforcement action by the OfS?

Yes, the scheme rules are clear that the operation of the scheme “does not in any way affect the ability of the OfS to investigate and/or take any form of regulatory or enforcement action in respect of any non-compliance with any of the OfS’ conditions of registration or other regulatory requirements.”

How long will the OfS take to complete their review?

The OfS expects to complete most complaint reviews within six months. However, expected timescales will be kept under review and updated information about timescales will be provided once the scheme is more established.

What is the position if a claim has been lodged at a court or tribunal?

The OfS will not review a free speech complaint if it appears to the OfS that legal proceedings relating to the same subject matter as the free speech claims in that complaint, and to which the complainant is or were a party, are being dealt with by a court or tribunal or have been dealt with through such a legal process.

Are ongoing internal processes taken into account by the scheme?

If the provider has a disciplinary, complaints, appeals, grievance or “similar internal review process” whether initiated by the individual or the provider, and the issues in the free speech complaint could be or are being considered under that process, the OfS will only accept a free speech complaint once the complainant has received confirmation that the provider’s internal process has been completed or, if earlier, once 90 days have elapsed since that process began.

Will frivolous or vexatious complaints fall outside of the scheme?

Yes, the OfS rules confirm that they may dismiss a free speech complaint at any time if in their judgement it is frivolous or vexatious. The scheme gives examples, including where a complainant continually changes the substance of a free speech complaint or the complaint concerns matters which the OfS consider to be trivial.

What are the repercussions if a provider does not comply with the requirements imposed on it by this scheme?

If a respondent fails to comply with any requirement imposed on it by, or under, the scheme rules, and fails to satisfy the OfS that they are unable to comply with the requirement, the OfS may enforce the requirement in civil proceedings for an injunction (in accordance with the Higher Education and Research Act 2017) to compel the respondent to comply.

Is there a requirement for a registered higher education provider or constituent institution to advertise the scheme?

Yes. As soon as “reasonably practicable” after the 1 September 2026, and no later than the 1 January 2027, relevant providers must include information advertising the free speech complaints scheme in a prominent place in:

• staff induction materials,

• free speech code of practice and any process or procedure for managing speaking events, for internal or external speakers,

• any disciplinary, complaints, appeals, grievance or similar internal review process, and

• any application materials for individuals applying to become a member of academic staff at the provider.

Additionally, and at least once a year, providers or constituent institutions must bring the scheme to the attention of their non-student members and members of staff. The scheme rules include suggested text to be included in documents or information sources.

What are the costs implications if a complaint is found to be justified?

Where a free speech complaint is found to be justified or partly justified, the OfS may require the respondent to pay their costs in relation to making the decision up to the date of notification of that outcome.

In addition, the OfS will publish information about the free speech complaints that they receive.

Practical considerations

• providers will need to be prepared for greater scrutiny of their compliance with their legal and regulatory obligations in relation to free speech and academic freedom. The new scheme opens up a new channel for complainants to challenge both action and inaction by relevant providers and may be an attractive alternative to legal proceedings.

• it will be important to ensure that policies and procedures are continually reviewed to ensure that they are compliant with free speech obligations.

• given that a claim can be lodged under the OfS scheme once 90 days have elapsed since the internal review process began, if internal processes and procedures generally take longer than the 90 days to conclude, then this may result in the OfS becoming involved prior to the resolution of the internal process. Relevant providers may want to review the operation of their internal processes with a view to ensuring that issues raised are dealt with efficiently and in a timely fashion.

• providers should make arrangements for the OfS scheme to be regularly advertised, utilising the suggested wording within the scheme rules. Providers should also note the continuing obligation to bring the scheme to the attention of non-student members and members of staff.

HE providers will also need to carefully navigate the interaction between their legal and regulatory obligations in relation to free speech and other legal duties, especially in relation to equality issues. In October 2026, changes to the Equality Act will make employers liable for harassment of their staff by third parties unless they have taken all reasonably practicable steps to prevent that harassment. This will cover, for example, student harassment of staff in relation to their protected beliefs. Taking steps to prevent such harassment will be a legitimate restriction on freedom of speech, as long as the restrictions applied have a clear rationale and are proportionate. Institutions should consider updating their freedom of speech policies and equality codes to reflect this legal change and the rationale for related restrictions on the free speech of students.