The government has announced today (26 July) that the new duties on Higher Education providers and students’ unions in the Higher Education (Freedom of Speech) Act 2023 will not come into effect next Thursday (1 August) as envisaged.
The new duties were subject to exhaustive Office for Students consultation over the spring and summer.
In response to the consultations, Bates Wells and sector leaders including NUS Charity had expressed concerns that the guidance risked diverting limited resources from students’ unions and HEPs, which should be used to further their (generally charitable) educational purposes; that they did not sufficiently take account of the inter-relationship with charity law duties and Charity Commission guidance; and that they appeared to particularly target equality, diversity and inclusion initiatives at regulated bodies.
Speaking in Parliament this morning, the Education Secretary Bridget Phillipson noted that she would “stop further commencement of the Higher Education (Freedom of Speech) Act 2023, in order to consider options, including its repeal. I am aware of concerns that the Act would be burdensome on providers and on the OfS, and I will confirm my long term plans as soon as possible”.
Mark Abbott, senior associate at Bates Wells, said: “This announcement will come as a massive relief to students’ unions in particular, who had been given until 1 August to implement draft OfS guidance, which many in the sector felt was disproportionate and inconsistent with their status as educational charities.”.