The Office for Students (OfS) is facing renewed calls to demonstrate its commitment to free speech by concluding its protracted investigation into Kathleen Stock’s resignation from the University of Sussex, following a sustained campaign against her over her gender-critical beliefs.
Now entering its fourth year, the English regulator’s inquiry — its only major free speech and academic freedom investigation to date — remains unresolved, with no updates provided by any party involved. The investigation, launched in November 2021, examines whether the university breached its obligations to uphold free speech and academic freedom following protests against the philosopher’s gender-critical views.
The case has taken on greater significance as Labour’s Education Secretary, Bridget Phillipson, moves to revive parts of the Higher Education (Freedom of Speech) Act (HEFSA) including a complaints scheme overseen by the OfS that will adjudicate on similar disputes. Critics have raised concerns about the regulator’s capacity to handle additional responsibilities, given its current focus on financial sustainability in the higher education sector.
Dennis Hayes, emeritus professor of education at the University of Derby and director of Academics for Academic Freedom, said the OfS must conclude the Stock investigation to show it is serious about its free speech duties. He warned that failure to act would send a “clear message” that universities accused of violating free speech obligations would face no meaningful consequences.
The importance of the OfS’ role has been amplified by Labour’s plan to remove the statutory tort from the legislation, which would have allowed complainants dissatisfied with the regulator’s decisions to take their cases to court.
Jo Phoenix, professor of criminology at the University of Reading, argued that resolving the Stock case was vital to signal the regulator’s commitment to its new duties. Phoenix, who recently won an employment tribunal against the Open University after alleging she faced a “hostile environment” over her gender-critical views, said the OfS should at least outline the criteria being used to assess the case.
Labour has also amended the legislation to limit the complaints scheme to the most serious cases, excluding students from direct access to it. However, Smita Jamdar, partner and head of education at Shakespeare Martineau, cautioned that the scheme could still be overwhelmed, noting that “setting a threshold for how serious something is will prove difficult.”
The OfS, which maintains a policy of not commenting on ongoing investigations, has yet to indicate when its inquiry into the Stock case will conclude. For now, the delay continues to cast doubt on the regulator’s ability to uphold its free speech mandate at a time of growing scrutiny.
Separately, the Free Speech Union (FSU) has agreed to adjourn the High Court hearing scheduled for January 23rd regarding its judicial review against Ms Phillipson, following the Education Secretary’s announcement that she intends to implement most of HEFSA.
It was after the Education Secretary’s decision to shelve the Act last July that the FSU launched its legal challenge – pressure which we believe led to her recent U-turn.
The hearing has been adjourned until 1st July, by which time it should be clear whether Phillipson intends to bring in the Act in time for the new free speech protections to come into force by the beginning of the next academic year. If she’s dragging her feet, the FSU will proceed with the hearing.
It’s critical that students and academics shouldn’t have to wait another year before these free speech protections are put in place.
There’s more on this story here.
