The Office for Students (OfS) has launched a new complaints scheme designed to protect freedom of speech and academic freedom within higher education institutions in England. The initiative provides a formal route for university staff, visiting speakers, and other eligible individuals to raise concerns where they believe their rights to free expression have been restricted.
New Route for Freedom of Speech Complaints
The free-to-use scheme, launched on 1 September 2026, allows current and former university staff, visiting speakers, applicants for academic positions, and certain non-student members to submit complaints directly to the OfS where they believe their freedom of speech or academic freedom rights have been infringed.
Students will continue to use the existing complaints process provided by the Office of the Independent Adjudicator for Higher Education (OIAHE), while the new OfS scheme focuses on complaints from staff and other eligible parties.
Strengthening Accountability Across Higher Education
Under the scheme, the OfS will investigate complaints involving registered universities, colleges, and constituent institutions of collegiate universities. Where complaints are upheld, the regulator may make recommendations designed to resolve the issue. Examples could include the reinstatement of research activities or the re-invitation of visiting speakers whose events were cancelled.
The OfS has stated that it would normally expect to publish the outcomes of upheld complaints, including the name of the institution involved, the reasons for its decision, and any recommendations made.
To support implementation, the regulator has also published guidance and is hosting briefing sessions to help institutions understand how the complaints process will operate.
Further Regulatory Requirements on the Horizon
The launch of the complaints scheme forms part of wider reforms linked to the Higher Education (Freedom of Speech) Act. From April 2027, new conditions of registration are expected to apply to all registered universities and colleges in England, enabling the OfS to intervene where institutions fail to meet their legal duties relating to freedom of speech. The regulator plans to consult on these new requirements in the coming weeks.
Supporting Academic Freedom
Commenting on the launch, the OfS emphasised that freedom of speech and academic freedom are fundamental to the advancement of knowledge and the delivery of high-quality higher education. The regulator noted the importance of ensuring that staff and students can engage with challenging, contentious, and diverse viewpoints within the law.
The new scheme aims to provide confidence that concerns relating to academic freedom will be investigated independently and that institutions remain accountable for protecting lawful freedom of expression.
Governance and Risk Implications for Higher Education Providers
The introduction of the new complaints framework highlights the importance of robust governance arrangements within universities and colleges. Governing bodies, boards, and senior leaders should consider:
- Whether freedom of speech policies remain aligned with current legal and regulatory requirements.
- The effectiveness of processes for managing speaker events and academic disputes.
- Staff awareness and training relating to academic freedom obligations.
- Risk management arrangements covering reputational, legal, and regulatory risks.
- Board oversight of compliance with freedom of speech duties.
- Assurance mechanisms for monitoring complaints and emerging trends.
As regulatory expectations continue to evolve, higher education providers will need to demonstrate that they have effective systems and controls in place to support lawful freedom of expression while maintaining appropriate governance and oversight.
How TIAA Can Help
TIAA works with universities, colleges, and higher education providers to strengthen governance, risk management, regulatory compliance, and internal control arrangements. Through internal audit, governance reviews, and assurance services, we help institutions evaluate compliance with regulatory requirements and provide confidence that key risks are being effectively managed.