Higher Education (Freedom of Speech) Act 2023 update
A reminder that implementation of the Act was paused following the July 2024 general election. On 15 January the Secretary of State announced next steps, including that while the statutory tort and duties concerning Students’ Unions would be repealed, the “secure”, “promote” and “code” duties on providers and their constituent institutions (including Cambridge and Oxford Colleges) would be implemented (see here for further detail).
Regulations have been made bringing these duties into effect from 1 August. The “secure” duty includes a duty to take reasonably practicable steps to secure freedom of speech within the law, including to secure that non-disclosure/confidentiality agreements are not entered in relation to (broadly speaking) actual or alleged sexual misconduct, bullying or harassment. The prohibition extends to agreements between the provider/constituent institution and its staff, members, students and visiting speakers.
The OfS is expected to issue updated guidance.
The Government has stated the freedom of speech complaints scheme will be amended to make it more proportionate and there will be more flexibility for the OfS on implementation of a new condition of registration depending on the provider. A policy paper is expected and further legislation is required to implement this.
The overseas funding monitoring measures are being considered further alongside the Foreign Influence Registration Scheme which is due to come into effect on 1 July.
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