Universities in England that fail to protect free speech could face fines of up to £500,000 or 2% of their income, and in some cases risk losing public funding, under a new complaints system announced by the government. The Office for Students (OfS) will run a first-of-its-kind scheme from the new academic year, allowing university staff, external speakers, and non-student members to raise concerns about providers.
The higher education regulator will investigate complaints and can recommend that universities review decisions, pay compensation, or improve their processes. From next April, new conditions of registration for providers will mean the OfS can fine universities for breaches of their duties under the Freedom of Speech Act. The OfS said it had received reports of speakers and lecturers being harassed and blocked because of gender-critical or religious views, concerns about foreign interference, and job adverts requiring specific ideological beliefs.
Education Secretary Bridget Phillipson said: 'Freedom of speech is the foundation of every university’s success, enabling them to foster robust debate and exchange challenging ideas respectfully. But there are far too many cases where academics and speakers are being silenced, inciting an unacceptable culture of fear and stifling the pursuit of knowledge.' She added that the urgency is clear, which is why the government is strengthening protections and empowering the regulator.
Currently, university staff use internal processes and can be forced into costly legal action. The new complaints system would be free and empower more people to raise concerns confidently, the Department for Education said. Students will continue to raise concerns via the Office of the Independent Adjudicator.
The Higher Education (Freedom of Speech) Act came into force in August, requiring universities to promote academic freedom and banning the use of non-disclosure agreements in cases of bullying, harassment, and sexual misconduct. Implementation of the legislation, passed under the previous Conservative government in 2023, was paused by Labour in July 2024 due to concerns it could be burdensome, but Phillipson announced in January that key measures would proceed.
Prof Malcolm Press, president of Universities UK, said members would be supported to comply with the new rules, adding that protecting free speech while preventing harassment, hate speech, and radicalisation involves complex decisions. Shadow Education Secretary Laura Trott welcomed the step but said it was long overdue after years of delay from Labour.
