Paragraph 5 Scope of schemeF1
The scheme must provide that every free speech complaint is capable of being referred under the scheme.
But the scheme may include provision that—
free speech complaints must be referred under the scheme within a time limit specified in, or determined in accordance with, the scheme;
a free speech complaint is not to be referred under the scheme until the complainant has exhausted any internal procedure for the review of complaints which is provided by the registered higher education provider, constituent institution or students’ union about which the complaint is made;
a free speech complaint is not to be referred under the scheme if proceedings relating to the subject-matter of the complaint, to which the complainant is or was a party, are being, or have been, dealt with by a court or tribunal;
a free speech complaint is not to be referred under the scheme if a complaint brought by the complainant and relating to the same subject-matter is being, or has been, dealt with under the student complaints scheme.
In sub-paragraph (2)(d), the “student complaints scheme” means the scheme for the review of qualifying complaints (within the meaning of section 12 of the Higher Education Act 2004) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).
Annotations
Textual amendments
- F1
Sch. 6A inserted (1.9.2026 except for the insertion of paras. 1(2)(b), 3 and for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 8(2), 13(3); S.I. 2026/654, reg. 2(2)