Interim Office for Students chair appointed as Higher Education (Freedom of Speech) Act 2023 is stopped
The role of the Office for Students will be refocussed to prioritise the financial stability of the higher education sector and deliver better quality and outcomes for students, the government has announced.
Analysis from the Office for Students earlier this year showed increased financial challenges for the sector, with many institutions needing to make significant changes to their funding model to avoid facing a material risk of closure.
The OfS’ refreshed focus follows the publication of an independent report today - Fit for the Future: Higher Education Regulation Towards 2035 - which recommends that the regulator closely monitors the financial sustainability of all higher education providers.
The government has also appointed a new interim chair of the OfS, Sir David Behan, who will be tasked with ensuring that the regulator concentrates its efforts on these key priorities following the publication of his review into the organisation.
Under plans announced today, the Secretary of State for Education has also stopped the implementation of the Higher Education (Freedom of Speech) Act 2023 and re-affirmed the government’s firm commitment to freedom of speech, with universities expected to deliver on their duty to protect it. The Education Secretary will consider options for the Act in the long term, including repeal.
The move to stop implementing the Act reflects widespread concern that the legislation is disproportionate, burdensome and damaging to the welfare of students while not addressing hate speech on campuses.
The new rules would have exposed higher education providers to costly legal action that would impact teaching and learning. Groups representing Jewish students have also expressed concerns that sanctions could lead to providers overlooking the safety and well-being of minority groups.
Education Secretary Bridget Phillipson said:
Phil Rosenberg, President of the Board of Deputies of British Jews, said:
Additionally, the OfS plans to introduce strengthened protections for students facing harassment and sexual misconduct, including relating to the use of NDAs in such cases by universities.
The Fit for the Future: Higher Education Regulation Towards 2035 report published today finds that the case for bold regulation of higher education is clear and that the OfS should concentrate on four key priorities in the short term: monitoring financial sustainability, ensuring quality, protecting public money and acting in the interests of students.
The government accepts his core recommendations, recognising that strong regulation is crucial to ensuring a stable future for the UK’s world-leading higher education sector, which is a key engine at the heart of growth plans.
Sir David said the OfS and the government should work together to manage financial sustainability, sharing intelligence and data proactively to protect students. He has also recommended the OfS introduces an integrated assessment of quality, creating a regulatory model that incentivises ongoing improvement for all students, and that the body is given consumer protection powers in order to defend students’ interests.
Sir David Behan said:
A spokesperson for Universities UK said:
The higher education sector is encouraged to engage proactively with the OfS to help shape future regulation as the government seeks to build a balanced and sustainable funding model, fostering a more inclusive and resilient higher education sector that benefits all students.
Notes to Editors
Provisions in the second commencement regulations made under the Higher Education (Freedom of Speech) Act 2023 which have now been stopped:
From 1 August 2024:
From 1 September 2025: