University of Sussex wins court challenge to overturn £585,000 freedom of speech fine

Under the new regime described in the article, universities could face fines of £500,000 or 2% of income if found to have failed to protect free speech from April 2027.

The article notes that a complaints system will allow academics and visiting speakers to raise concerns directly with the OfS from autumn 2026.

Vivienne Stern, chief executive of Universities UK, said universities want to work with the OfS to reset relationships and rebuild trust, emphasising the need for clear roles and trusted regulation.

Professor Sasha Roseneil said the High Court's ruling recognised Sussex's commitments to academic freedom and freedom of speech, and urged scrutiny of the OfS's impartiality, competence, and powers.

The OfS interviewed Kathleen Stock during its investigation, but the court heard that it did not meet anyone from the University of Sussex in person despite requests to discuss concerns.

The regulator's chairman said he would consider, over several weeks, whether to appeal the High Court's decision.

The High Court, presided by Mrs Justice Lieven, ruled that the OfS failed to follow a proper process in issuing the Sussex fine. The judgment found that the trans and non-binary policy was not a governing document, that the regulator's approach to academic freedom was flawed, and that the OfS had closed its mind to alternatives including bias in the process.

Last August, a new freedom of speech law covering England's universities came into force, giving the regulator stronger powers.

The Office for Students handed down a record £585,000 fine to the University of Sussex in March 2025, saying the university breached its trans and non-binary inclusion policy by not sufficiently representing trans people and warning against transphobic propaganda.