The High Court has ruled in a keenly watched case in favour of the University of Sussex in its legal challenge against the Office for Students (OfS), quashing the regulator's finding that the university breached free speech duties. Mrs Justice Lieven found the OfS had misdirected itself. She said the decision was vitiated by bias, as the regulator approached the matter with a closed mind and had unlawfully predetermined the outcome, rendering the OfS's findings unsafe.
The judge stressed that the case was not about the views of former staff member Kathleen Stock, but about the lawfulness of the OfS process. The OfS had concluded in March 2025, after more than three years of investigation, that the university violated its registration conditions through its trans and non-binary equality policy statement. The inquiry began following student protests in 2021 over the gender-critical views of Professor Kathleen Stock, a philosophy academic, which ultimately led to her resignation.
The regulator claimed the policy created a 'chilling effect', saying campus members might have felt unable to express lawful views without fear of repercussions. As a result, it imposed a record fine of £585,000 on the institution — the largest the regulator had ever levied for free speech issues — a penalty that critics argued was disproportionate but the OfS insisted was necessary. The university challenged the OfS's decision at the High Court, arguing that the regulator's findings had severe consequences.
It said the finding had caused significant reputational harm. The OfS defended its actions at the Royal Courts of Justice, telling the court over two days of hearings that the three-year investigation was careful and detailed and conducted pursuant to a fair procedure. Professor Sasha Roseneil, the vice-chancellor, said the ruling was a good day for the university and vindicated its position, while an OfS spokesperson said the regulator was disappointed and would consider next steps.
The specific evidence of bias identified by Mrs Justice Lieven was not disclosed, and it remains unclear whether the OfS will appeal or what will happen to the £585,000 fine. The decision could set a precedent for other universities under investigation, with legal experts saying it may embolden institutions to challenge regulatory findings and force the OfS to revise its approach to academic freedom and equality policies, and it was welcomed by free speech advocates.