The Memo: Higher education regulator fines university £585,000 over issues concerning freedom of speech

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Higher education regulator fines university £585,000 over issues concerning freedom of speech

Erin Bradbury - 14 April 2025

Regulators are a central part of ensuring that sectors and professions operate legally and honestly. For example, higher education institutions are regulated by the Office for Students (OfS) which holds universities to account and promotes students’ best interests. Lately, maintaining the balance between freedom of speech and protections from offence has been an issue at play for the regulator. For example, the UK is now ranked 64th (out of 179 countries) in the Academic Freedom Index, a score which has steadily declined over the last ten years. This research takes into account freedom to research and teach, academic exchange and dissemination, institutional autonomy, campus integrity, and academic and cultural expression.

Just last month, the University of Sussex was fined a record £585,000 for free speech and governance breaches, though the fine could have been as high as £3.7 million. An investigation was triggered by calls to dismiss Professor Kathleen Stock, a senior academic known for her gender critical views. The professor, who left after being accused of transphobia in 2021, taught and researched matters related to sex, gender and human rights. However, the regulator’s investigation found no evidence of unlawful language during Stock’s time at the university. Instead, the regulator found that the university's Trans and Non-Binary Equality Statement could stop staff and students from voicing opposing views for fear of facing disciplinary action. That said, the University of Sussex has announced that it intends to challenge these findings.

The Office for Students was able to fine the university under the Higher Education Freedom of Speech Act which was initially passed under the Conservatives back in 2023. However, the law was paused upon the Labour election win and resumed this year with the introduction of new powers to fine or sanction higher education providers when freedom of speech is not upheld.