The Higher Education (Freedom of Speech) Act 2023

The Higher Education (Freedom of Speech) Act 2023 introduces significant new legal duties for universities, colleges, and their constituent institutions. It reshapes how providers must protect free speech, support academic freedom and manage campus events, bringing added scrutiny from the Office for Students (OfS) and new avenues for complaints and claims.

Who the Act applies to

All higher education providers registered with the OfS, and their constituent colleges, schools, halls and similar bodies, are required to comply with these duties.

Your legal obligations

The Act creates wide‑ranging compliance responsibilities that affect core areas of institutional governance, day‑to‑day operations and key employment processes. Adjustments may be needed to ensure full and consistent compliance.

Key issues affected

• Organisation and management of speaking events
• Recruitment, promotion, discipline and dismissal of academic staff.

Documentation that may require review

• Governance frameworks, statutes, ordinances and by‑laws
• Free speech policies and codes of practice
• Recruitment, harassment, disciplinary and settlement agreement templates
• Funding and management arrangements.

How to comply with the Act

Meeting the new requirements will demand both policy updates and cultural clarity. Institutions will need to ensure they can evidence compliance and demonstrate they are actively promoting free speech and academic freedom.

Core steps include:

• Updating free‑speech policies and codes, including clear statements of institutional values and rules on security costs for events
• Reviewing statutes, by‑laws, ordinances and HR policies relating to academic staff
• Implementing practical measures to promote free speech and academic freedom
• Reviewing resourcing levels and delivering staff training to embed compliance across the institution.

Why compliance matters

The Act introduces new enforcement mechanisms, significantly increasing the legal and regulatory risks of non‑compliance.

Key risks include:

The OfS complaints scheme

Once introduced, the OfS Free Speech Director will be able to investigate and issue recommendations, including requiring compensation, reinstatement of academics or the continuation of cancelled events.

Wider OfS enforcement powers

These include significant fines and, in the most serious cases, potential deregistration.

The consequences of non-compliance are substantial—financial, operational and reputational.

How can we support you?

Now is the time to prepare. We offer practical, tailored support to help institutions understand the Act, update core documents and train staff effectively.

We offer a fixed‑price starter pack including:

• A detailed advice note on the Act’s requirements
• An accessible overview for wider staff communication
• An audit of governing documents, policies, codes and settlement templates
• A tailored report outlining what needs updating or redrafting
• A meeting with senior stakeholders to discuss findings and next steps.

Our team has extensive experience advising institutions, academics, policy bodies and government on free speech and academic freedom. We regularly support clients on compliance, disputes and complex governance issues.