Free Speech at University

The issue of free speech at university is complex, and there is currently a great deal of uncertainty about how this may be legislated in the future. With the UK government’s decision to stop implementation of the Higher Education (Freedom of Speech) Act 2023, the expected changes to free speech law in the UK with respect to universities have not taken effect.

If you believe you have suffered negative consequences for free speech at university, the cancellation of the Higher Education (Freedom of Speech) Act 2023 coming into effect does not necessarily mean you are without options. Our specialist higher education lawyers can advise you on your rights and the steps you can take to defend yourself.

Our experts can advise on consequences that may have arisen in relation to your freedom of speech and expression, including university disciplinary issues or being removed from your course.

We offer a fixed fee initial consultation with an education solicitor in our team so we can understand your situation and advise on how we may be able to help.

We can also assist on a wide range of other higher education law issues, as illustrated by these short case summaries.

We only act on behalf of students. We do not represent universities. You can, therefore, be assured that we are 100% on your side.

How our experts can help with free speech at university

Where you have experienced negative consequences from your education provider due to expressing yourself, or you believe this may happen, getting the right expert advice can make all the difference.

If you are facing disciplinary proceedings, our experts can advise you on your rights and help you to prepare your case. Where you have been sanctioned by your university following a disciplinary process, we can advise you on your right to appeal and any other options that may be open to you – this includes if you have been removed from your course.

Our freedom of speech legal advice fees

We offer a fixed fee initial consultation with a specialist education solicitor in our team to discuss your needs and see how we can help.

The initial consultation meeting is online and can be arranged by contacting our education law senior legal administrator, Rachael, on 01895 207230 or our legal administrator, Kinjal, on 01895 207240 or by emailing educationteam@ibblaw.co.uk.

After your initial consultation, we will agree a fee structure based on the complexity of the work involved, the amount of work to be undertaken and which lawyer will be assisting you. You can control how much you spend on free speech legal advice.

For more information on our education law pricing, please get in touch.

Why free speech is important at university

Free speech and academic freedom in universities has been a hotly debated issue in recent years, with accusations that academics and students are increasingly at risk of being ‘cancelled’ over the views they have expressed.

Concerns have been raised that this is having a stifling effect on academic freedom, preventing important issues from being freely debated, as well as limiting the areas of study and research that it is possible to pursue.

While opinions about this matter are divided, the government at the time introduced the Higher Education (Freedom of Speech) Bill into the House of Commons in 2021 with the aim of protecting freedom of speech at universities. The Bill received extensive criticism, including from the University and College Union. It achieved Royal Assent in 2023 and was due to come into force in August 2024. It was cancelled by the new Labour government elected in July 2024.

This decision has been welcomed by many in the higher education sector, but the question of freedom of speech and expression in universities is unlikely to go away and future legislation on the issue may still be introduced.

Common questions about free speech at university

What is the Free Speech Act for universities?

The Higher Education (Freedom of Speech) Act 2023 is a piece of legislation that achieved Royal Assent in 2023 and was due to come into force on 1 August 2024. The Act was intended to protect freedom of speech for staff, students, visiting speakers and members of higher education providers. The Act was cancelled before it came into force, meaning the terms of the Act never came into effect.

Criticism of the Higher Education (Freedom of Speech) Act 2023 included fears that it would risk stifling legitimate protests and that the crisis of free speech and academic freedom that the Act was intended to combat did not really exist. Whether any provisions of the Act may yet come into force is unknown at this time, but it is possible that the Act or some revised version could still be applied at a future date.

What is the academic freedom law in the UK?

Academic freedom is a concept that applies to academic staff. Under the Education Reform Act 1988, academic staff have the legal right to “question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges, they may have at their institutions”.

While this does provide some protection for academics in relation to expressing potentially unpopular or controversial views, this right does not currently apply to students.

Does the Human Rights Act apply to universities?

The right to freedom of expression is guaranteed by Article 10 of the Human Rights Act 1998, but this only protects people from government interference in their freedom of expression. Universities are not, therefore, legally required to respect freedom of expression for students or academics.

What others say about IBB’s specialist education solicitors

“Thank you so much for all your work on this. I have heard from staff and parents that safeguarding is now a huge priority for the school, so I feel that the action we took has had the desired effect.” 

“From the outset, they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online, so I really feel understood and cared for.”

“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly, ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”

“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, also they are clear and concise regarding the fees.”

“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided with all the support, and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone that is going through a similar situation as mine.”

IBB offer unrivalled skill and expertise when it comes to education law matters. They are very well-placed to represent students in all types of public and private law claims against universities. They also do a lot of work in the school sector, in particular when representing parents in claims against independent schools. They are knowledgeable in the main areas of law that cut across these and associated areas of the education sector. Given their level of experience in these areas, they also have a very good practical understanding of the education sector and are geared towards achieving good practical outcomes for their clients.’

“The gold standard team for higher education work. IBB is one of my main instructing solicitors and I always feel completely confident that they will do an excellent job for the client. The cases are meticulously prepared, and they are very client-focused and practical in their approach.”

“Very empathetic and attentive to each individual client’s needs. I felt heard and understood for the first time by professionals. The team was easy and quick to communicate with and the whole process made me feel at ease.”

“My matter was dealt and over with quite quickly with a happy outcome.”

“IBB offer an excellent education law service, with particular expertise in higher education matters.”

“Celia Whittuck is a star individual. She has gained considerable experience in education law and has excellent strategic litigation strategy, particularly for civil claims against independent schools and universities, and internal complaints and appeal processes in relation to these institutions. She puts the client’s outcome at the heart of what she does and has a track record for achieving good results.”

“Growing education law team focusing on higher education law matters.”

“Celia Whittuck is a phenomenally dedicated solicitor and a real delight to work with.”

“Focused and determined education team.”

“Celia Whittuck has a growing reputation in the area.”

The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.

Call today to discuss your case with our solicitors specialising in free speech at university

To find out more about how we can help you with freedom of speech legal advice, please contact our education law senior legal administrator, Rachael, on 01895 207230  or Kinjal on 01895 207240 or by emailing educationteam@ibblaw.co.uk.