Key Facts

• Clauses 1 and 2 strengthen freedom of speech duties for registered higher education providers and extend them to student unions at approved fee cap providers.
• Clause 3 creates a new statutory tort allowing civil proceedings against breaches of these duties.
• Individuals can make free complaints to the Office for Students or the Office of the Independent Adjudicator before using the statutory tort.
• Clause provides a means of redress for visiting fellows and individuals without employment protections.
• Purpose is to bolster enforcement of freedom of speech duties on higher education providers and student unions.
• Impact assessment estimates cost of compliance at £48.1 million.
• The Bill introduces a clause enabling individuals to seek compensation through the courts if they suffer loss due to breaches of freedom of speech duties.
• The Russell Group is concerned about the lack of clarity over how the new statutory tort will interact with existing internal and external complaints procedures.
• Student unions and universities may face costs of £48.1 million as a result of the Bill.
• The Bill risks creating a culture of lawfare against universities.
• Smita Jamdar of Shakespeare Martineau advised that claims could bypass internal processes and go straight to court under the statutory tort element.
• Dr David Renton and Professor Alison Scott-Baumann stated that any lecture or seminar could lead to a lawsuit under the Bill's provisions.
• Universities and student unions are concerned about funding losses due to potential legal claims.
• The cost of providing information, reporting, and defending against spurious or vexatious claims is estimated at £48.1 million.
• Smaller colleges may have only 2,000 to 3,000 students and cannot afford additional administrative burdens.
• The government's programme is criticised for failing to recognise its impact on organisations across the sector.
• Amber Rudd was barred from speaking at a university society event in March 2020 due to concerns over her involvement in the Windrush scandal.
• Selena Todd, an academic, was dropped from the Oxford International Women’s Festival hosted by Exeter College for views on transgender rights issues.
• The clause allows lawyers to seek damages on behalf of individuals who feel slighted by institutions.
• It may encourage people to make quick buck opportunities when the law is bad.
• The Bill currently does not clearly state that the tort would be a backstop, as claimed previously.
• The current Bill allows multiple ways to complain which may frustrate the process.
• Universities and student unions lack regulatory control over affiliated private clubs.
• Most student unions have only a few thousand pounds in their bank accounts, making unlimited liability impractical.
• Oxford University student union disaffiliated a society due to concerns about free speech regulations.
• Clause 3 does not clearly define who has standing to bring civil proceedings.
• Schedule 6A of the Higher Education and Research Act 2017 is suggested as an alternative complaints process.
• Concern about potential legal costs for student unions and trustees preventing them from participating in governance.
• John Hayes proposes an amendment to rank higher education providers annually.
• The proposal aims to improve compliance and consistency in promoting free speech.
• Emma Hardy suggests existing consultations like the national student survey could satisfy Hayes's aim without burdening smaller institutions.
• Student satisfaction surveys are subjective but provide quantitative measures.
• The Opposition fears the amendment aids in bullying institutions they may not like.
• Conservatives previously argued for less intervention and red tape.
• The amendment seeks to introduce a requirement for the Office for Students (OfS) to publish an annual report assessing and ranking higher education providers.
• Schedule 1 to the Higher Education and Research Act 2017 sets out existing reporting requirements placed on the OfS.
• Paragraph 13 of that schedule requires the OfS to prepare a report summarising its regulatory activity each financial year.