Following the conclusion of the General Election, there have been some changes and updates from the new government review of the OfS and from the OfS themselves that we thought we ought to make you aware of and assure you we are here to support you through it all.
Higher Education (Freedom of Speech) Act and Freedom of Speech Complaints Scheme – on hold
At the same time as tabling a review of the OfS over the last week, The Rt Hon Bridget Phillipson MP announced the suspension of the implementation of the Higher Education (Freedom of Speech) Act 2023 and its associated Freedom of Speech Complaints Scheme, which was due to come into effect this week.
Phillipson cited “widespread concern that the legislation is disproportionate, burdensome and damaging to the welfare of students while not addressing hate speech on campuses” and said the government will now consider the future of the act with options including repeal.
Our response
This is good news for the sector.
The consultation process held earlier this year only added confusion to the polarising subject, but with the proposal of a complaints scheme, most providers were left with a sense of dread and spiralling legal and administration fees.
We advise that no action is required at this time, although we will promptly inform you of any updates.
Our expectation is that this burdensome piece of legislation will be repealed – fingers crossed.
Harassment and sexual misconduct – new condition of registration (E6)
In the same speech, Phillipson also welcomed OfS’ plans to strengthen regulation of harassment and sexual misconduct, suggesting there are a few details yet to be ironed out in how OfS takes that agenda forward.
Those details seem to have been ironed out very quickly as this week, the OfS has announced a new condition of registration to cover this area.
But do not panic, this condition will not come into force until 1 August 2025.
However, you should be aware that from 1 September 2024 NDAs will be banned where they cover allegations of harassment or sexual misconduct.
Our response
Again, this is good news for the sector and, let’s face it, for our whole community.
This condition will help providers understand the minimum expectations to prevent and address harassment and sexual misconduct.
In addition to prevention, the condition will also cover related areas such as:
- How students and staff report behaviour regarding harassment and sexual misconduct
- How information received or obtained should be handled
- How the provider ensures the students are appropriately informed
- How appropriate support should be provided and what that looks like
- How the provider ensures staff are trained in investigating or taking decisions on these matters
- How a provider ensures the investigations are undertaken and decisions made are credible, fair and reflect established principles of natural justice
What you need to do
Ensure that your senior management team, board of governors and, in particular, your legal team are aware of this new condition by reviewing it here. Consider how this might impact your current processes, procedures and resources and make a note of where you feel you may need to strengthen or adapt.
What we will do
We will do the reading! Our Head of Quality and Compliance has already started reviewing the general ongoing scope and the accompanying technical guidance. Over the next few weeks, we will be able to offer you a workshop on the new requirements of this condition and help you plan to achieve compliance in plenty of time.
In summary
In summary, the suspension of the Higher Education (Freedom of Speech) Act 2023 and the introduction of new regulations on harassment and sexual misconduct represent significant shifts in the sector.
While no immediate action is required regarding the Freedom of Speech Act, we remain vigilant and will keep you informed of any developments.
Meanwhile, the new conditions on harassment and sexual misconduct provide a clear framework for improving safety and support within our institutions.
We are committed to guiding you through these changes to ensure compliance and foster a safer, more inclusive educational environment.
Anita Wise, Head of Quality & Compliance, illuminare Education, August 1st, 2024