Paragraph 7 Decisions and recommendationsF1
The scheme must provide that, where the OfS considers a free speech complaint to be justified (wholly or partly), it may make a recommendation to the governing body or students’ union about which the complaint is made.
A complaint may be partly justified if, for example, the OfS considers that the governing body or students’ union has breached a duty under section A1 or A5 but the complainant did not suffer adverse consequences as a result of the breach.
A recommendation for which the scheme may provide is a recommendation—
to do anything specified in the recommendation (which may include the payment of sums specified in the recommendation), or
to refrain from doing anything specified in the recommendation.
But the scheme may not provide for recommendations arising from claims included in a free speech complaint which are not claims described in paragraphs 2(1) and 3(1).
The scheme may not authorise the OfS to require anyone to do or not do anything.
The powers of the OfS to make recommendations under the scheme do not affect any of its other powers.
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)