Nicola Bennison and David O’Hara consider whether the higher education Act can provide guidance to organisations in other sectors
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Lawyer + Academic + Writer (Specialism in Academic Freedom, Free Speech on Campus and Discrimination)
The Higher Education (Freedom of Speech) Act 2023 will likely take full effect in Summer 2024. Now is the the time to start preparing. Here's my top 10 tips for compliance. (1) Update your existing free speech code of practice and policies to include a statement of values relating to free expression and conditions as to when security costs may be charged to event organisers. (2) Review your “Academic Staff” statute and related bye-laws or ordinances to ensure that all academics are properly protected. (3) Update your recruitment, disciplinary and dismissal procedures to take account of the enhanced duties under the Act, and ensure that settlement agreements do not include newly unlawful gagging clauses. (4) Review your harassment and equality policies to ensure they interact properly with the new duties in the Act. (5) Take steps to comply with the new duty to promote the importance of free speech and academic freedom. (6) Put in place staff and resources to deal with complaints from students, staff and speakers raised under the new complaints scheme. (7) Ensure detailed records and monitoring systems are in place with respect to overseas funding so that its impact on free speech and academic freedom can be tracked. (8) Deliver training for staff whose roles will be impacted by the Act, in particular senior managers, HR and fundraisers. (9) Develop a ‘response plan’ (both internally and externally) with respect to any free speech controversies which may arise. (10) Consider setting up an internal committee or champion to manage ongoing compliance updates as guidance from the OfS on the Act evolves and new cases emerge clarifying what institutions need to do. Let me know if you want to talk about any of this! https://lnkd.in/e5JY2FYd
The Higher Education (Freedom of Speech) Act 2023
doyleclayton.co.uk
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The Secretary of State for Education, Bridget Phillipson, issued a written ministerial statement at the end of last week, Whitehall’s preferred method of saying something without necessarily wanting anyone to notice. In it, she announced that she intended to halt ‘further commencement’ of the Higher Education (Freedom of Speech) Act 2023. This legislation introduced by the previous Conservative government was given Royal Assent in May last year but several of its provisions only come into force by order of the Secretary of State. Phillipson is unhappy with measures which require universities and student unions to take ‘reasonable steps’ to protect freedom of speech. Instead she will ‘consider options, including its repeal’, believing this duty of protection ‘would be burdensome on providers and on the OfS’, the Office for Students which regulates higher education. If you believe that free speech is a vital part of our liberal democratic society – I do – and that there is credible evidence to suggest that it is under pressure in institutions of higher education – I do – then Phillipson’s decision is disappointing and worrying. Despite differences in political ideology, I like and respect the Education Secretary: she is a dedicated, intelligent figure who grew up in difficult circumstances in the North East of England, took the opportunities offered by education at a voluntary-aided Catholic school and read modern languages at Oxford. She takes public office seriously, and I would not suggest that she is motivated by some repressive loathing of free expression. On a broader level, though, I think she, and the government as a whole, prefer nebulous guardrails to exist around public debate and would rather not be confronted by ideas they dislike or find distasteful. ✍️Eliot Wilson https://lnkd.in/e8rMP6ps
Are Labour scared of hearing things they don't like?
https://capx.co
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Latest from FE News: OfS proposes new guidance on freedom of speech: The Office for Students (OfS) has today launched a consultation on new guidance about freedom of speech, ahead of universities, colleges and students’ unions taking… OfS proposes new guidance on freedom of speech was published on FE News by Office for Students (OfS) #Education #Socialimpact Read more here:
OfS proposes new guidance on freedom of speech | FE News
https://www.fenews.co.uk
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Lots of legal changes unfolded through the year, with new powers bestowed upon the Office for Students (OfS) to oversee Freedom of Speech for Universities in England. It’s been all over the press but what does it mean for our teaching and learning practice? In this blog, I pull together some observations and guidance on freedom of expression in HE. https://lnkd.in/esMD-4wB #highereducation #policychange #freedomofspeech
Freedom of Speech changes for the HE sector
http://bilt.online
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I am a senior practice development lawyer in the employment team at Irwin Mitchell and help our clients and team keep up to date.
New legislation aimed at protecting the rights of staff, students and visiting speakers to talk about subjects which are controversial or sensitive is due to come into force soon. The Higher Education (Freedom of Speech) Act 2023 amends provisions in the Higher Education and Research Act 2017 and will require some colleges to promote the importance of free speech and protect academic freedom. This blog explains the key principles and sets out the steps colleges need to take to prepare. #educationsector #he #registeredcolleges #universities #freespeech #academicfreedom #beliefdiscrimination Irwin Mitchell
New duty to protect free speech in higher education: implications for colleges
irwinmitchell.com
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The FSU has responded to the Office for Students' (OfS') consultation on proposals relating to its new guidance on #freedomofspeech in higher education institutions. You can read our response in full at the link below. https://lnkd.in/enQhvxAq We commend the proposed Regulatory advice. It advances a cogent interpretation of the Higher Education (Freedom of Speech) Act 2023, and will secure maximal freedom of speech and #academicfreedom. Realistically, the OfS' approach to freedom of speech is likely to be unpopular with universities, and is likely to be challenged in the courts. Our response sets out why we think the OfS position is legally sound and how it could be improved. At the FSU, we get at least 50 cries for help a week, many of them from students and academics who get into trouble simply for exercising their lawful right to free speech on campus. That’s why we lobbied for the Higher Education (Freedom of Speech) Act 2023 when the Government was weighing up whether it was needed, advised the Government on what to include in it, helped to amend it, defended the statutory tort mechanism from critics in both Houses of Parliament, and, finally, mobilised our allies in Parliament to get it over the line. The FSU is a non-partisan, mass membership public interest body that stands up for the speech rights of its 14,000+ members. Click the link below to join us — membership fees start from just £4.99. https://lnkd.in/dHsUUEU
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New legislation aimed at protecting the rights of staff, students and visiting speakers to talk about subjects which are controversial or sensitive is due to come into force soon. The Higher Education (Freedom of Speech) Act 2023 amends provisions in the Higher Education and Research Act 2017 and will require some colleges to promote the importance of free speech and protect academic freedom. This blog explains the key principles and sets out the steps colleges need to take to prepare. #education #employmentlaw
New duty to protect free speech in higher education: implications for colleges
irwinmitchell.com
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🚨 NEW BLOG! As there have been no fewer than seven in the last five years, we thought it would be worth exploring the impact the different Secretaries of State for #Education have made to the #educational landscape and how they have shaped the current system. This blog will be split into two parts, the first part will cover some landmark policies, acts and themes which have shaped the education sector in England and the second will delve into the individual secretaries. You can read part one here: https://hubs.la/Q02ktDQG0 #Schools #Education #Teaching
The Impact of the Secretaries of State for Education - Part 1
blog.schoolsandacademiesshow.co.uk
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Explore the most significant legal cases affecting higher education in the UK in 2024, including student contract breaches, free speech issues, and equality challenges. https://zurl.co/v6QV #UKEducation #LegalCases #HigherEducation #UKUniversities #OxBridge #UCL #Edinburgh #ImperialCollege #Education #Students #Learning #Lurnable
Key Legal Cases Impacting UK Universities and Students in 2024
lurnable.com
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Latest from FE News: OfS to act to secure free speech for students with proposals on new free speech complaints scheme: The Office for Students (OfS) has today published proposals on how students, staff and visiting speakers will be able to complain to the OfS about… OfS to act to secure free speech for students with proposals on new free speech complaints scheme was published on FE News by Office for Students (OfS) #Education #Socialimpact Read more here:
OfS to act to secure free speech for students with proposals on new free speech complaints scheme | FE News
fenews.co.uk
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