Free speech on campus has become a political flashpoint, and the Higher Education (Freedom of Speech) Act 2023 was designed to strengthen universities’ duties to protect lawful speech and academic freedom. A key piece of that framework went live on 1 September 2026: the Office for Students (OfS) free speech complaints scheme.
The surprise for students is that the scheme is not for them. Staff, applicants for academic posts and visiting speakers can complain directly to the OfS when they believe a university’s governing body has failed to protect their lawful speech. Students cannot use it in their capacity as students. They should use the institution’s internal complaints process first, then take unresolved complaints to the Office of the Independent Adjudicator for Higher Education (OIA), which expressly covers freedom of speech.
The scheme’s reach has limits. It covers registered providers and their constituent institutions, such as colleges within a collegiate university, but not students’ unions. The government chose not to commence the separate students’ union duties from the 2023 Act. Complaints must also concern action or inaction on or after 1 September 2026.
Even so, the scheme shapes campus life. Universities have been updating codes of practice, event procedures and governance documents. The OfS has revised its guidance after the University of Sussex judgment, placing more weight on proportionality, and added an example about free speech duties in student work placements. From April 2027, new registration conditions are expected to let the OfS fine providers for breaches, though the OfS is still consulting on those.
Free speech protections apply to lawful speech only. Harassment and unlawful conduct are not protected. Learn your university’s free speech code and complaints procedure, and check OIA time limits before you need them.
