Question to the Department for Education:

To ask His Majesty's Government what assessment they have made of a report by the Committee for Academic Freedom on 31 October that the free speech complaints scheme under the Higher Education (Freedom of Speech) Act 2023 may not operate until 2030; and whether such a delay would be acceptable to them.

The complaints scheme in the Higher Education (HE) (Freedom of Speech) Act 2023 needs to be fit for purpose, and that means making changes via primary legislation. In the meantime, the HE sector has new duties in place, as well as requirements to promote freedom of speech, and to put in place Codes of Practice.

This government is seeking a suitable legislative vehicle to amend the provisions in relation to the complaints scheme in due course. These amendments will give the Office for Students (OfS) a power, rather than a duty, to consider complaints from staff and speakers.

There are routes of redress in place for staff, students and external speakers where they believe that an HE provider has breached its duties. For students, this is via the Office of the Independent Adjudicator, whose service is free at the point of use. For staff, it is open to them to bring a judicial review or to make a claim in an employment tribunal. In addition, the OfS already regulates providers in relation to free speech and academic freedom through their existing conditions of registration.

The Director for Freedom of Speech and Academic Freedom continues to work with the sector, to offer advice and to share best practice, so providers themselves are more effectively protecting free speech and academic freedom.

No assessment has been made of this report by the Committee for Academic Freedom. The free speech complaints scheme must be effective and workable once it is implemented, and that is why government is working to amend the scheme via primary legislation, to address concerns regarding this scheme, and to provide clear and efficient routes of redress.