How to Complain About a Free Speech Problem

Appendix – OfS complaints scheme: some relevant information

Follow these links for details of the OfS scheme and on how to complain.

The OfS complaints scheme relates to possible failures to comply with the duty on HEPs to secure free speech under the Higher Education and Research Act 2017; it is not available for a failure to give satisfaction under a harassment/bullying complaints process, except where the complaint in question concerns freedom of speech. It is available for members of staff and “members” of an institution, and visiting speakers. The OfS scheme includes the following important provisions.

• There is a 12 month time limit for making a complaint (from the last occurrence of the matter being complained about). The scheme is also not retrospective: events before the start of the scheme (1 September 2026) cannot be the subject of a complaint.
• The OfS will not review a free speech complaint if it appears that proceedings relating to the same subject matter are being, or have been, dealt with by a court or tribunal (for instance a claim under the Equality Act).
• Anonymous complaints are not allowed, but complainants are allowed to appoint a representative to correspond on their behalf.
• Where your institution has a disciplinary, complaints, appeals, grievance or similar internal review process, a complaint is not allowed until your institution has confirmed that that process has been completed, or, if earlier, once 90 days have elapsed since that process began.
• Frivolous or vexations complaints will be dismissed.
• Once it has reviewed a complaint, the OfS will determine that the complaint is:
• justified, if it is more likely than not that the HEP breached its legal duties, and more likely than not that you suffered non-trivial adverse consequences;
• partially justified, if it is more likely than not that the HEP breached its legal duties, and more likely than not that you did not suffer non-trivial adverse consequences;
• not justified, if it is more likely than not that the HEP did not breach its legal duties.
• If the OfS decides that a complaint is justified or partly justified, it may make a recommendation to your institution, which may be that your institution: does anything that is specified in the recommendation, which may include the payment of sums specified in the recommendation; or refrains from doing anything specified in the recommendation.