University of Sussex challenges OfS freedom of speech fine

The University of Sussex has brought a legal challenge against a fine from the Office for Students (OfS) to the High Court of Justice. The university, which was fined £585,000 in 2025 for breaches of free speech, argues the watchdog lacked the authority to issue the penalty.

The OfS had found that parts of one of the university’s policy statements, which included a requirement to “positively represent trans people” and an assertion that “transphobic propaganda” would “not be tolerated”, limited lawful expression and created a “chilling effect.”

The University of Sussex had come under scrutiny in 2021 after one academic resigned following student backlash against her gender-critical views. The philosophy professor rejected accusations of transphobia, calling the case “surreal”.

Lawyers for the university argue the policy was not a governing document, meaning the OfS acted beyong its legal powers when subjecting it to its regulatory requirements. The outcome of the challenge is expected to define the boundaries of the OfS’ power as a free speech regulator – a capacity in which Education Secretary Bridget Phillipson said it should be “stronger.”