Guidance on applying the Code of Practice for Freedom of Speech in education and research settings

As set out in the Code of Practice, the University’s starting point is that events and activities should be supported to go ahead. However, in some cases a judgement is required when balancing the University’s duties, and it may be necessary to put in place measures to ensure compliance with these duties.

Education and research activity may need consideration under Freedom of Speech where it is covering sensitive or controversial topics, and/or there is a visiting speaker.

Education and research activity includes teaching events (including lectures and seminars), School-based events for students/staff, and research seminars.

The Principal Organiser(s) of an activity is responsible for the activity’s compliance with the Code of Practice.

The Head of School is responsible for ensuring that the Code of Practice is upheld within their School, including identifying activities that might require further consideration and ensuring that consideration is given. The Head of School is empowered to make decisions on activities in their School in the context of the Code, including any additional measures that should be put in place.

Heads of School should seek advice from their College Freedom of Speech lead and/or Head of College as appropriate when considering the most appropriate course of action.

The Principal Organiser of an event/activity should contact their College Freedom of Speech lead and Head of School for guidance in the first instance. A list of local FoS Leads can be found on the Guide to Freedom of Speech webpage.

The Head of School is empowered to make decisions on activities in their School in the context of the Code, including any additional measures that should be put in place. Heads of School should seek advice from their College Freedom of Speech lead and/or Head of College as appropriate when considering the most appropriate course of action for an event or activity.

Where the Head of School or Head of College’s assessment is that an event or activity can be approved without additional authorisation, the College Freedom of Speech lead must keep a local record of the event details and decision, including details of any conditions. Periodically, local records will need to be shared to a central events database.

Any conditions that are imposed by the Head of School must be implemented by the Principal Organiser.

The Event Authorisation Form should be completed and submitted for:

• Any event which may or may not involve a Visiting Speaker where there is a risk associated with the event or speaker.
• Any activity taking place in teaching, education, and research settings, as well as other academic activities that take place within a School or College, where there may be particular sensitivities or risks, and it has been agreed with the Head of School/Head of College that it should be escalated to the PVC-Education or PVC-Research for consideration.
• Any events or activities organised through the Guild of Students or an affiliated student society, which is taking place on University premises and there is a risk associated with the event or an invited speaker.

The kinds of risks which may require an Event Authorisation Form might be due to the subject of the event (for example, it is contentious or sensitive in the current political climate), the nature of the speaker (for example, they are particularly high profile or known for holding views that some may find contentious), or because there is a risk of people being drawn into terrorism.

Under these circumstances, please submit the Event Authorisation Form by following the link below. The form should be completed by the Principal Organiser of the event, who should be a staff member or student at the University. You should submit the form at least 14 days before the date proposed for the event.

To help you identify when you should submit an Event Authorisation Form, we have put together this Event Authorisation Form decision tree [27KB].

Event Authorisation Form

As set out in the Code of Practice, the University’s starting point is that events and activities should be supported to go ahead. However, in some cases a judgement is required when balancing the University’s duties, and it may be necessary to put in place measures to ensure compliance with these duties. Two main duties to consider when making this assessment are:

• The University’s duty to protect academic freedom, and to take reasonably practical steps to secure freedom of speech within the law for its staff, students, and visiting speakers;
• Public Sector Equality Duty (PSED) as set out in the Equality Act 2010, which requires the University to have due regard to the need to eliminate discrimination, harassment, victimisation, and to advance equality of opportunity and foster good relations between people who share ‘protected characteristics’ and those who do not.

For a full list of the duties that may intersect with freedom of speech, please see sections 3.3 and 3.4 of the Code of Practice.

The Event Authorisation process is designed to identify which, if any, measures need to be put in place to manage these duties and ensure the event can go ahead lawfully and safely.

Once submitted, the form will be considered by the relevant Authorising Officer (PVC Education, PVC Research, or Director of Campus Services). Recognising the University’s duty to promote and protect freedom of speech, the starting point for any event will be that it is able to go ahead. In some cases, the Authorising Officer may need to use their judgement to balance the promotion and protection of lawful free speech with other legal duties such as those set out in section 3 of the Code of Practice. The Authorising Officer will assess any risks and consider whether the Principal Organiser has proposed measures which would adequately address those risks. If adequate notice (14 days) has not been provided by the Organisers, there may not be sufficient time to consider the risks and mitigations and the Authorising Officer may decide that the event cannot go ahead on the date requested and should be rearranged to a subsequent date by which the risks can be considered.

The Authorising Officer will make a decision as to whether the event can go ahead. One of three decisions will be taken:

• The event can go ahead as proposed,
• The event can go ahead with some mitigations in place,
• The event cannot go ahead, and needs to be postponed or cancelled.

Once made, the decision will be communicated back to the Principal Organiser, usually within 5 working days of receipt of the completed Form.

Ref: Code of Practice Appendix B, 4.1

The Principal Organiser should submit the Event Authorisation Form at least 14 days before the date proposed for the event.

If adequate notice (14 days) has not been provided by the Organisers, there may not be sufficient time to consider the risks and mitigations and the Authorising Officer may decide that the event cannot go ahead on the date requested and should be rearranged to a subsequent date by which the risks can be considered.