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KnottyAuty · 30/04/2026 07:14

IwantToRetire · 30/04/2026 01:34

Have to admit I am even less clear now on the ruling having read the official press briefing which I posted up thread.

Me too!

I moved on to try the full judgment but it all hinges on very detailed procedural loopholes matters which aren’t easy to track.

One big issue seems to be that MPs didnt clearly define “governing documents” in HERA. When debated in parliament someone wanted to add “and practices” to that but the revision wasnt made. This court has taken a literal view and these documents dont include policies which control the aims & objectives on the ground which seems really odd. If your policies contradict the governing documents (as defined by the court) covering free speech, then how can these be ignored?

The judgment talks about the OfS being concerned that “lawful speech” saying that this is unfortunate but ok. Does this judge understand how far the controls on speech extend ie use of the word “man” etc etc? It seemed like the whole thing was terribly lawyerly but simultaneously completely out of touch - like the “sex for all purposes” statement they all clung to from the GRA…

IwantToRetire · 30/04/2026 01:52

... the OfS unlawfully predetermined the decision because of:

(i) its overarching strategy from the opening of the investigation to find a “test case” that would “send a strong signal” [428];

(ii) its approach to settlement negotiations, where the OfS assumed a breach before the Provisional Decision was reached, and refused to meet the University unless the University accepted the alleged breaches in their entirety, [432]-[433];

(iii) the OfS’s approach to other higher education providers that were
using the same policy. Dr Ahmed wrote to the other universities using the same policy template only after the FD was published, highlighting the breach and the fine, which points again to the OfS’s strategy, [434]-[435];

(iv) the OfS’s failure to refer to FOSCOP, [436]; the OfS’s refusal
to consider whether the University had remedied the breaches, [437].

IwantToRetire · 30/04/2026 01:34

Have to admit I am even less clear now on the ruling having read the official press briefing which I posted up thread.

GroundhugDay · 29/04/2026 23:14

Transgender reddit not uniformly thrilled.
P-t-d:
We needed a declaration that the (transgender) policy was inherently rational.
Instead we got confirmation that the policy potentially can constitute an unlawful chilling effect.
I agree there are positive elements to this judgement, bad processes should be challenged etc, there just isn't anything which advances our cause.
Even the comments re the OfS not having jurisdiction over the Policy isn't actually impactful because since this case OfS had made approval of such policies a condition of registration which sidesteps the whole E1 discussion entirely.

PollyNomial · 29/04/2026 22:54

The judge addressed that very issue (and many others) and is worth reading in its entirety if any of todays judgement is surprising to you.

KnottyAuty · 29/04/2026 22:14

FernandoSor · 29/04/2026 22:00

It would be awful, but that’s a matter for an employment tribunal, not the OfS.

True - but wasn't it the University's policy which had enabled the masked protestors and that they then refused to move them?

Also can anyone help me understand - the judge in this appeal said that OfS hadn't taken account that the Uni had changed/corrected the policy by the end of process? But am I right in thinking that it took 3.5 years and 3 versions of the policy for them to cough up the final corrected version? The epitome of being dragged kicking and screaming through a regulator's process? In my experience regulators are allowed to take into account when a respondant doesn't admit charges or seeks to resist the process - isn't this what happened? Sorry if that is a daft question as I didn't follow the details of the hearing

FernandoSor · 29/04/2026 22:00

ParmaVioletTea · 29/04/2026 20:57

And for the spectators on this thread who might doubt how appallingly Sussex University treated Professor Kathleen Stock, just watch Part 2 of the BBC documentary, Speechless. See how you would feel walking through the threatening harassing protestors, that Prof Stock was subject to.

It would be awful, but that’s a matter for an employment tribunal, not the OfS.

ParmaVioletTea · 29/04/2026 20:57

And for the spectators on this thread who might doubt how appallingly Sussex University treated Professor Kathleen Stock, just watch Part 2 of the BBC documentary, Speechless. See how you would feel walking through the threatening harassing protestors, that Prof Stock was subject to.

SingleSexSpacesInSchools · 29/04/2026 19:53

Imnobody4 · 29/04/2026 19:02

From Prof Alice Sullivan on X.
https://x.com/i/status/2049540869020389840

There is much that is troubling in Mrs Justice Lieven's judgment in favour of the University of Sussex, but this stands out.

The judge suggests that if someone objects to a 'gender critical feminist lecture' it might be reasonable for the university to demand that the lecture should be read in advance by 'the university'.

So lecturers who believe that sex is real should have their lectures vetted by administrators if someone complains in advance of the lecture.

This type of incentive is exactly what activists thrive on. And it suggests a regime which strips academics of all autonomy and acadmic freedom.
judiciary.uk/judgments/the-…

Just came here to post that. A very troubling suggestion indeed - an approval process in fact....

OP posts:
TheywontletmehavethenameIwant · 29/04/2026 19:12

Micromanaging control freakery. 😵‍💫

Imnobody4 · 29/04/2026 19:02

From Prof Alice Sullivan on X.
https://x.com/i/status/2049540869020389840

There is much that is troubling in Mrs Justice Lieven's judgment in favour of the University of Sussex, but this stands out.

The judge suggests that if someone objects to a 'gender critical feminist lecture' it might be reasonable for the university to demand that the lecture should be read in advance by 'the university'.

So lecturers who believe that sex is real should have their lectures vetted by administrators if someone complains in advance of the lecture.

This type of incentive is exactly what activists thrive on. And it suggests a regime which strips academics of all autonomy and acadmic freedom.
judiciary.uk/judgments/the-…

Professor Alice Sullivan (@ProfAliceS) on X

There is much that is troubling in Mrs Justice Lieven's judgment in favour of the University of Sussex, but this stands out. The judge suggests that if someone objects to a 'gender critical feminist lecture' it might be reasonable for the university t...

https://x.com/i/status/2049540869020389840

Kucinghitam · 29/04/2026 18:26

In practice the OfS's ruling and fine didn't make a difference. The Righteous have continued to operate unencumbered, free to impose their Very Kind Zealotry upon most of academia. So while it is bad news, nothing actually changed for those of us working in HE; as was explained upthread, the imposition of Righteous pressure mostly happens at a covert, insidious, self-silencing level.

IwantToRetire · 29/04/2026 18:10

LlynTegid · 29/04/2026 18:04

Personal sanctions should happen, not just fines. Dismissal and a ban from working in that sphere for a period of time.

Health and Safety on construction sites greatly improved when directors and others could be held personally liable.

But this isn't the situation here.

The court ruled on the narrow remit the OfS has.

And saying they have over reached themselves, and / or misinterpreted the guidelines they operate under.

If this ruling means that some will now say the remit for the OfS is wrong then maybe that needs to be dealt with.

But if the OfS were just incompetent then that is another.

LlynTegid · 29/04/2026 18:04

onlytherain · 29/04/2026 15:02

In principle, I agree. In practice, however, many organisations clearly do not comply with the law unless there is a strong deterrent discouraging non-compliance. Many organisation ignore the Supreme Court decision. It cannot be that women have to fight each non-compliant organisation at huge financial risk. Huge fines would speed it all up.

Personal sanctions should happen, not just fines. Dismissal and a ban from working in that sphere for a period of time.

Health and Safety on construction sites greatly improved when directors and others could be held personally liable.

IwantToRetire · 29/04/2026 18:03

Just found this which I hope will spell out quite clearly why the court ruled agains the fine.

Press Summary 29th April 2026
The University of Sussex v The Office for Students [2026] EWHC 984 (Admin)

Judge: The Honourable Mrs Justice Lieven

NOTE: This summary is provided to assist in understanding the Court’s decision. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document. References in square brackets are to paragraphs in the judgment

https://www.judiciary.uk/wp-content/uploads/2026/04/The-University-of-Sussex-v-The-Office-for-Students-Press-Summary.pdf

The University of Sussex v The Office for Students - Press Summary

https://www.judiciary.uk/wp-content/uploads/2026/04/The-University-of-Sussex-v-The-Office-for-Students-Press-Summary.pdf

IwantToRetire · 29/04/2026 18:01

As I understand it they messed up by not acting professionally and it is suggested tried to extend their remit in terms of what they can and can not officiate on.

It just seems like everything else in the UK we just cant manage anything. Or somehow it gets hijacked by people with an agenda.

Would be interested to know how those running this new set up were recruited.

It is about how did the University behave, what should they have done and what didn't they do.

Not sure why anyone thinks Kathleen Stock can appeal. It has nothing to do with her even though she was the one who suffered.

Although if the fine in this court case had been accepted as proportionate, whether in that context she could sue now as it would confirm she has been treated unfairly, in fact worse than unfairly.

TurbulentPriest · 29/04/2026 17:36

KnottyAuty · 29/04/2026 17:31

More on the future process here - for staff, non student members and visiting lecturers to make complaints direct to the OfS. But not open to students
https://www.officeforstudents.org.uk/news-blog-and-events/blog/update-on-free-speech-and-the-new-complaints-scheme/

That’s because they can already complain to the Office of the Independent Adjudicator instead. Student complaints can often involve a number of different strands, and you could end up in a quagmire if you have 2 different bodies investigating the same case at different speeds

dylexicdementor11 · 29/04/2026 17:33

Whoohoo! Great news - thanks for sharing! 🥳

mrshoho · 29/04/2026 17:26

TurbulentPriest · 29/04/2026 17:20

The judge found that (a) OfS had failed to take into account that Sussex had subsequently amended the policy in question, and (b) the decision appeared to have been predetermined in order to make an example of the university. The net outcome is that Sussex has rectified the situation; but OfS have rightly been picked up on the fairness of the process.

OfS is already upping its game and strengthening its hand through the proposed complaints process (see the link I posted earlier), and the introduction of an explicit condition of registration re upholding academic freedom and freedom of speech (so they won’t have to resort to quibbles over what constitutes a ‘governing document’). Universities will need to take their duties seriously going forward ie today is not the ‘win’ it might initially appear to be.

Edited

Excellent points.

TurbulentPriest · 29/04/2026 17:20

The judge found that (a) OfS had failed to take into account that Sussex had subsequently amended the policy in question, and (b) the decision appeared to have been predetermined in order to make an example of the university. The net outcome is that Sussex has rectified the situation; but OfS have rightly been picked up on the fairness of the process.

OfS is already upping its game and strengthening its hand through the proposed complaints process (see the link I posted earlier), and the introduction of an explicit condition of registration re upholding academic freedom and freedom of speech (so they won’t have to resort to quibbles over what constitutes a ‘governing document’). Universities will need to take their duties seriously going forward ie today is not the ‘win’ it might initially appear to be.

KnottyAuty · 29/04/2026 17:04

Imnobody4 · 29/04/2026 16:56

Free Speech Union agrees.
This is a disappointing judgment which effectively renders the Higher Education (Freedom of Speech) Act toothless. It sends a message to universities that they only need to pay lip service to the new free speech duties in the Act and not actually do anything concrete to uphold academic freedom and free speech on campus.

This judgment will effectively leave academics like Kathleen Stock defenceless, while empowering activists to hound off campus anyone they disagree with. We very much hope the Office for Students appeals and if it does we hope to intervene.

https://x.com/i/status/2049452436964684094

Hope there's an appeal.

Very interesting developments. I had been wondering how this appeal by Sussex was going. I had slightly wished that the OfS had gone for the parking fine model of penalty fee - pay within Y days or it doubles! Especially as they said they had given them a discount... I do hope that the OfS does appeal against this because as the above statement on X says, if organisational policies aren't accepted as impacting on the governance of the university, then what the hell is? And hard agree that the chilling effect hits way before a job is lost - KS resigned so by their reckoning she didn't suffer? Clearly a lot to pick over at an appeal. Next steps will be interesting - there will be many battles to be fought in different campaigns until this war for truth and accuracy is won.

Imnobody4 · 29/04/2026 16:56

Free Speech Union agrees.
This is a disappointing judgment which effectively renders the Higher Education (Freedom of Speech) Act toothless. It sends a message to universities that they only need to pay lip service to the new free speech duties in the Act and not actually do anything concrete to uphold academic freedom and free speech on campus.

This judgment will effectively leave academics like Kathleen Stock defenceless, while empowering activists to hound off campus anyone they disagree with. We very much hope the Office for Students appeals and if it does we hope to intervene.

https://x.com/i/status/2049452436964684094

Hope there's an appeal.

The Free Speech Union (@SpeechUnion) on X

This is a disappointing judgment which effectively renders the Higher Education (Freedom of Speech) Act toothless. It sends a message to universities that they only need to pay lip service to the new free speech duties in the Act and not actually do an...

https://x.com/i/status/2049452436964684094

FernandoSor · 29/04/2026 16:52

Realistically, when you have a government body (rather than a court) issuing fines, a lot of cases end up being tested in court. Especially with a relatively new body such as the OfS, working in a generally murky and untested area of law - campus free speech is not something that anyone gave any thought to until a few years ago after all.

Imnobody4 · 29/04/2026 16:47

https://x.com/i/status/2049465188433187131

STATEMENT: The High Court’s judgment in R (University of Sussex) v Office for Students has just been handed down, and it represents a serious setback for those concerned with freedom of speech and academic freedom on campus.

First, the court adopts a restrictive interpretation of what counts as a “governing document”. In practice, that means the OfS cannot use its core regulatory condition — Condition E1, which requires universities’ governing documents to uphold free speech and academic freedom — to reach ordinary internal policy frameworks via the “governing documents” route. That matters because EDI policies, harassment codes and reporting systems are often the mechanisms through which lawful but, to some, upsetting speech is regulated on campus. The risk is that a whole layer of policies which, in practice, govern campus culture will now sit beyond the same level of regulatory scrutiny.

Second, it resets the meaning of “freedom of speech within the law”. The OfS had treated one of Sussex’s contested policies as problematic because it was capable of capturing lawful speech. The court rejects that approach, holding that the OfS had not properly applied the structured analysis its own guidance requires. Although the regulator accepts that lawful speech may, in some circumstances, be restricted where there are no reasonably practicable steps to secure it and the restriction is justified and proportionate, the court found that it had effectively treated the capture of lawful speech as sufficient to establish a breach. The danger is obvious: the fight over lawful speech will now be pushed into case-by-case balancing exercises, precisely the terrain on which universities have long sought to defend restrictive internal policies.

Third, the court gives “academic freedom” a hard-edged but narrow statutory meaning. The relevant legal threshold is whether an academic is placed in jeopardy of losing their job or privileges — not whether they are subjected to investigation, pressure, reputational damage, or a broader chilling effect. On this point too, the OfS’s approach was found to be legally flawed. Yet for academics, the reality is that pressure rarely operates at that level. Instead, it takes softer forms — cancellation, ostracism, exclusion from networks and opportunities, reputational damage — all of which can chill speech long before anyone is formally “in jeopardy” of losing their job.

The result is that while the statutory duties to protect academic freedom and freedom of speech remain in place, a gap has opened up between the high-level documents the regulator can scrutinise and the ways speech is managed on campus in practice.

We hope the OfS appeals this ruling.

We’re still working through the detail, but the key points are already clear. At the heart of the ruling are three findings that materially narrow the routes by which the regulator can enforce free-speech protections.

Having already stripped students out of the new free-speech complaints scheme, the government has turned the Office for Students into the Office for everyone but students. Now, if this ruling stands and confines the regulator to universities’ formal “governing documents”, while pushing disputes over lawful speech back into case-by-case proportionality tests, the OfS may find its most direct route to the EDI policies and reporting systems through which speech is actually policed cut off — creating the Office for no one at all.

Committee for Academic Freedom (@ComAcFreedom) on X

STATEMENT: The High Court’s judgment in R (University of Sussex) v Office for Students has just been handed down, and it represents a serious setback for those concerned with freedom of speech and academic freedom on campus. We’re still working throug...

https://x.com/i/status/2049465188433187131