Implementation of the Higher Education (Freedom of Speech) Act announced

The Education Secretary recently announced that a substantial part of the Higher Education (Freedom of Speech) Act 2023 will be introduced.

The following provisions are set to be retained and implemented:

• The reframed core duty to take reasonably practicable steps to secure lawful free speech and academic freedom;
• The obligation not to enter into non-disclosure agreements relating to complaints about bullying or harassment;
• The duty to maintain a code of practice about free speech (similar to the existing duty, but updated in parts, particularly around security costs);
• The position of Director of Free Speech and Academic Freedom at the Office for Students (OfS) and the power of the OfS to issue guidance; and
• The complaints scheme (although the OfS won’t be obliged to review every single complaint).

James Murray, Employment and Higher Education partner, Doyle Clayton, explains more here