OfS looks to define free speech expectations for universities

The Office for Students is to launch a working group to draw up a statement of expectations to shape the arrangements between universities and foreign powers around academic freedom and free speech requirements.

The statement will focus on contractual arrangements and agreements UK education providers have with foreign states and institutions in other countries, and could be in place by the start of the new academic year.

Julian Sladdin, a higher education expert with Pinsent Masons, said the statement would be likely to help shape governance requirements in the future.

“Although framed as building on existing guidance, the OfS’s proposed statement of expectations is likely to operate in practice as a regulatory benchmark,” he said. “Universities should assume it will inform future assessments of governance, risk management and compliance with existing free speech and academic freedom duties.”

The working group will include affected students and their representatives, education institution leaders and academic staff with expertise in issues around foreign interference. Appropriate interest groups and higher education sector bodies will also be invited to contribute.

The move comes after a briefing for university leaders – and a series of follow-up events – by ministers earlier this year, which highlighted the scale of the problem and the need to ensure academic freedom is upheld at universities and colleges.

Stephanie Connelly, a universities expert with Pinsent Masons, said academic providers would need to prepare for the implications of the new proposals.

“The announcement points to broader scrutiny of how universities manage foreign influence across their operations, not just formal partnerships,” she said.

“Providers will be expected to show evidence of active oversight wherever overseas arrangements, funding or relationships could risk constraining lawful speech or academic freedom.

Arif Ahmed, director for freedom of speech and academic freedom at the OfS, said it came as no surprise foreign and hostile states had tried to exploit the freedom of speech at UK institutions.

“Without free speech and academic freedom there is no higher education. It is therefore vital for the survival of the sector that these attempts fail,” he said.

“Our own guidance on free speech sets out a range of examples which explain what institutions should do to safeguard free speech and academic freedom when confronted with these threats. A new statement of expectations will further build on this guidance, helping universities and colleges should they decide to enter agreements with foreign states and institutions.

“If they do so, they must ensure these arrangements uphold our expectations around freedom of speech and academic freedom.”