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The definition of ‘visiting speaker’ set out in the proposals is concerningly broad, as it does not limit a ‘visiting speaker’ to a person invited through the provider or students’ union’s formal processes for inviting speakers. We strongly recommend that the definition should be explicitly linked to completing the provider or students’ union’s process. 

We have significant concerns about the OfS’ proposal to review free speech complaints after 30 days have elapsed since a provider’s internal review process has begun as after 30 days internal reviews may well be ongoing. Our view is that complaints should only be reviewed by the OfS after internal review processes are complete or if there is undue delay in the process, which should be at least 90 days. 

We welcome the flexible approach to reviewing complaints set out in the proposals. However, it’s essential that the OfS provides additional detail on how it will correspond with the respondent throughout the process and what the appeals process for decisions will be.  

Given that this is a new area for the OfS, our view is that the OfS should commit to a review of the complaints scheme after 12 months, including engaging with students and providers on their views about how it is working. 

We welcome the proposal to provide guidance for students’ unions. The OfS must ensure guidance is clear and accessible to students’ unions, acknowledging that this is new territory for students’ unions and they do not have the familiarity with regulatory language that providers do. 

The guidance should also recognise that the majority of students’ unions have charitable status and have legal duties to promote the educational purposes of the union, enforceable by the Charity Commission. We also urge the OfS to ensure that the OfS’ regulation is appropriately joined up with the regulation by the Charity Commission.  

In its approach to monetary penalties, the OfS should recognise the limited resource of students’ unions, their capacity to seek legal advice and the need for students’ unions to balance this duty alongside others.