The University of Sussex, R (on the application of) v The Office for Students

The University of Sussex, R (on the application of) v The Office for Students

The OfS misinterpreted 'governing documents' under s.14(1) HERA, wrongly treated the Policy Statement as such, and erred in law in its approach to freedom of speech and academic freedom by treating any restriction of lawful speech as a breach. The OfS failed to consider whether breaches were remedied before sanction...

Source-derived case information.

Parties
Claimant: The University of Sussex; Defendant: The Office for Students; Intervener: The Free Speech Union Ltd
Jurisdiction
England and Wales
Judgment Date
29 April 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; Final Decision of the OfS quashed.
Legal Topics
Judicial Review, Statutory Interpretation, Freedom of Speech, Academic Freedom, Regulatory Powers, Bias and Predetermination
Administrative Law Education Law Human Rights Judicial Review Statutory Interpretation Freedom of Speech Academic Freedom Regulatory Powers +1 more

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Parties

The University of Sussex

Claimant

The Office for Students

Defendant

The Free Speech Union Ltd

Intervener

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the OfS misinterpreted 'governing documents' under s.14(1) HERA
  2. 2 Whether the OfS had jurisdiction to find breach of condition E2 given the Visitor's jurisdiction
  3. 3 Whether the OfS erred in law in its approach to 'freedom of speech within the law' and academic freedom

Ratio Decidendi

The OfS misinterpreted 'governing documents' under s.14(1) HERA, wrongly treated the Policy Statement as such, and erred in law in its approach to freedom of speech and academic freedom by treating any restriction of lawful speech as a breach. The OfS failed to consider whether breaches were remedied before sanction and the process was vitiated by predetermination, rendering the Final Decision unlawful.

Court Disposition

Claim allowed in part; Final Decision of the OfS quashed.

Orders

  • The OfS's Final Decision finding breaches of conditions E1 and E2 and imposing a monetary penalty on the University of Sussex is quashed.
  • The OfS is to reconsider the matter in accordance with the law as set out in this judgment.