Freedom of Speech Code of Practice

2.1. Trinity Laban has adopted this code to ensure that it acts in accordance with the duties imposed upon it by the Higher Education and Research Act 2017 as amended by the Higher Education (Freedom of Speech) Act 2023.

2.2. The Higher Education and Research Act 2017 makes it clear that all higher education providers which register with the Office for Students must follow its regulatory framework. Under the framework the governing bodies of registered providers should take ‘such steps as are reasonably practicable to ensure that freedom of speech within the law is secured within the provider.’ The 2017 Act also includes a general duty for the Office for Students to protect institutional autonomy, including academic freedom.

2.3. Under Part A1 of the Higher Education and Research Act 2017 as amended by The Higher Education (Freedom of Speech) Act 2023 from 1 August 2025 higher education providers must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective of securing freedom of speech within the law for staff, members, students and visiting speakers.

2.4. In addition from 1 August 2025 under Part A1 of the Higher Education and Research Act 2017 Trinity Laban to have regard to the need to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of losing their jobs or any privileges they may have at Trinity Laban or the likelihood of their securing promotion or different jobs at Trinity Laban being reduced. In addition, persons applying to become a member of academic staff of Trinity Laban must not be adversely affected in relation to the application because they have exercised their freedom within the law to academic freedom. There is a very high level of protection for the lawful expression of a viewpoint and for speech in an academic context. Institutions have a duty to promote the importance of freedom of speech within the law and academic freedom.

2.5. Freedom of thought, conscience and religion (Article 9) and freedom of expression (Article 10) are safeguarded by the European Convention on Human Rights and incorporated into UK law by the Human Rights Act 1998. However, these are not unlimited rights and are subject to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

2.6. Examples of legislation which may be considered to place some limitation on the Freedoms under Articles 9 and 10 of the European Convention on Human Rights are set out in the following paragraphs. This is not intended to be an exhaustive list.

2.7. The Equality Act 2010 places a duty on higher education providers to have due regard to the need to eliminate discrimination, harassment victimisation, and any other conduct prohibited by the Equality Act 2021, advance equality of opportunity and foster good relations between persons who share a protected characteristic and those who do not share it. It also imposes obligations not to discriminate on the grounds of the relevant protected characteristics.

2.8. The Protection from Harassment Act 1997 creates both civil and criminal offences for harassment and makes provision for protecting persons from harassment and similar conduct.

2.9. The Public Order Act 1986 contains a range of criminal offences relating to violent conduct and speech or actions that threaten violence causing someone to fear for their safety or causing another person harassment, alarm or distress. The 1986 Act also makes it an offence to use threatening, abusive or insulting words or behaviour either with the intention of stirring up racial and religious hatred, or in circumstances where it is likely racial or religious hatred will be stirred up. Similar protections are provided where criminal offences are aggravated by hostility on grounds of sexual orientation, disability or trans identity.

2.10. The Terrorism Acts of 2000 and 2006 define certain criminal activities including inciting acts of terrorism, disseminating terrorist publications, belonging to, or supporting proscribed organisations. Terrorism is defined as including the use or threat of serious violence against a person or serious damage to a property for the purpose of advancing a political, religious or ideological cause. The Counter Terrorism and Security Act 2015 places an obligation on higher education providers to have due regard to the need to prevent people from being drawn into terrorism (‘the Prevent Duty’), whilst also having particular regard for the duty to ensure free speech and to the importance of academic freedom.

3.1. Trinity Laban shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for every person to whom this code’s rights apply.

3.2. The Board of Governors is responsible for the approval of this code and for seeking assurance on its effective operation.

3.3. Responsibility for the interpretation and implementation of the code is delegated by the Board of Governors to the Principal.

3.4. Members of the Executive team, Heads of Department and the President of Trinity Laban Students’ Union are responsible for the day-to-day implementation of this code and are accountable to the Principal for ensuring that this code and its principles are applied across all activities under their management.

3.5. The Principal shall report to the Board of Governors on the circumstances of any significant infringements of, or departures from, the provisions of this code.

3.6. The Registrar and Director of Academic Services or the Director of Strategy & Business Operations will be responsible for approving any restrictions or conditions imposed on an event; any mitigating actions to allow an event to take place; or the cancellation of an event.

3.7. All staff and students have personal responsibility to uphold freedom of speech in line with this code of practice.

4.1. The principle of freedom of speech set out in this code shall extend to the performance by all staff of their duties and responsibilities and to any visiting or guest lecturer invited by Trinity Laban. It shall also extend to students presenting or exhibiting work produced during the course of their studies with the Conservatoire.

4.2. Trinity Laban endeavours to provide opportunities to facilitate discourse on contemporary issues by encouraging critical debate within the law, where expression of views within the law by different parties is encouraged.

4.3. Freedom of speech within the law may include speech that is shocking, disturbing or offensive. Trinity Laban will not suppress freedom of speech and expression, however abhorrent certain expressions may be to the majority of its staff, students, governors or other members, provided that:

4.3.1. such speech and expressions do not go beyond the articulation of points of view, are within the law and do not constitute incitement to riot, insurrection, racial hatred, religious hatred, sexual harassment or other activities which are likely to cause a breach of the peace or public disorder, significantly increase the risk of an individual being drawn into terrorism or otherwise be unlawful; and

4.3.2. by allowing such views to be expressed, and by allowing the activity to take place in the format proposed Trinity Laban would not be failing in its wider legal duties, in particular to have due regard in carrying out its functions to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it; and
• prevent people being drawn into terrorism.

4.4. Trinity Laban shall ensure, so far as is reasonably practicable, that the use of its premises and facilities is not denied to any individual or body of persons on any ground connected with:

• the ideas or opinions of such individual; or
• the policy or objectives of such body or the ideas or opinions of any of its members.

4.5. Every person to whom this Code’s obligations apply shall refrain from organising or engaging in or otherwise being associated with any conduct (other than by lawful, reasonable and peaceful persuasion) intended to prevent the enjoyment of rights under this Code of Practice.

4.6. Trinity Laban shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the obligations under this Code of Practice are complied with.

5.1. References in the Code to “activities” include (but are not limited to) meetings (including teaching or research related activities), demonstrations, events and publications through whatever media (including social media) which take place or are proposed or planned or due to take place on Trinity Laban’s premises or through its IT systems.

5.2. Trinity Laban has the responsibility to take reasonable steps to maintain good order on its premises. It has the right and the power to regulate and, if necessary, to impose conditions or restrictions upon activities which take place or are planned or proposed or due to take place on its premises or through its IT systems. The organisation and holding of any such activities, and the arrangements therefor, must comply with this Code of Practice.

5.3. Any person to whom this Code’s rights apply must submit a request, in writing, to the Registrar and Director of Academic Services or Director of Strategy & Business Operations Laban for permission for an activity to take place where it is reasonably foreseeable (in the reasonable opinion of the Registrar and Director of Academic Services or Director of Strategy & Business Operations) that the activity will raise issues which may be controversial in some way. Any such request should be submitted to the Registrar and Director of Academic Services or Director of Strategy & Business Operations not less than 14 days before the proposed date of the activity and must contain details of the proposed subject matter and the purpose and format of the activity, including seating arrangements, the name and identity of any speakers or authors and the proposed timing and location of the activity.

5.4. Any organisers of any activity shall, if there is any doubt as to whether the activity may, in the reasonable opinion of the Registrar and Director of Academic Services or Director of Strategy & Business Operations be controversial, consult the Registrar and Director of Academic Services or Director of Strategy & Business Operations at the very earliest opportunity so that the correct procedures may be followed.

5.5. Within 5 working days of receiving a written request pursuant to paragraph 5.3 above the Registrar and Director of Academic Services or Director of Strategy & Business Operations shall issue a written decision in reply which shall either grant or withhold permission for the activity to take place on Trinity Laban’s premises or through its IT systems. Permission granted under this Code may be subject to such conditions or restrictions (for example, as to security precautions, limits on numbers of people to be admitted, seating arrangements or form of publication) as Registrar and Director of Academic Services or Director of Strategy & Business Operations reasonably sees fit.

5.6. Apart from in exceptional circumstances, Trinity Laban will not require the individual or body to bear some or all of the costs of security relating to their use of the premises. Exceptional circumstances will exist where the cost of security exceeds £500.

5.7. Trinity Laban will not unreasonably refuse to allow activities to take place on its premises or through its IT systems. The expression of controversial views which do not breach the law or risk a breach of the law will not of itself constitute reasonable grounds for withholding permission for an activity and the starting point for any event is that it should go ahead and that cancellation should be exceptional. Reasonable grounds for refusal would include (but are not limited to) the fact that, if the activity were to take place, a risk would arise that, within the premises of Trinity Laban and/or the scope of its IT systems there would be:

• incitement to commit a criminal act;
• the unlawful expression of views;
• support of an organisation whose aims and objectives are illegal;
• the foreseeability that an individual might be drawn into terrorism; and/or
• a breach of the peace.

5.8. In determining whether permission for an activity to take place on Trinity Laban’s premises and/or through its IT system might reasonably be refused, consideration may be given by the Registrar and Director of Academic Services or Director of Strategy & Business Operations (as is appropriate in the circumstances) to:

• the safety of persons attending the activity or otherwise foreseeably affected by the activity and/or on Trinity Laban premises who might foreseeably be put at risk;
• the security of Trinity Laban’s premises; and
• the good name and reputation of Trinity Laban.

5.9. A request for an appeal against a decision of the Registrar and Director of Academic Services or Director of Strategy & Business Operations may be made, in writing, to the Principal within 5 working days of the issue of the Registrar and Director of Academic Services’ or Director of Strategy & Business Operations’ decision. The decision of the Principal shall be final and binding. The Principal may also impose such conditions or restrictions on the activity taking place as it reasonably sees fit.

6.1. Trinity Laban shall permit the use of its premises and IT systems only by organisers or other individuals otherwise involved in an activity or proposed activity who undertake in writing to comply with all lawful instructions and conditions issued by Trinity Laban in relation to (but not limited to) the location, arrangements, form and conduct of such activities, including adequate stewarding, chairing and provision of adequate control over entry.

6.2. In cases in which it is reasonable to assume that there is a possibility of disruption arising from the taking place of an activity, Trinity Laban may consult with the police. If the activity is a public one the police may be prepared to be present throughout the event to minimise any disruption.

6.3. Any organisers or other individuals otherwise involved with an activity to take place on Trinity Laban’s premises or through its IT systems shall be responsible for any costs involved in organising and holding such activities. Save that they will only be required to bear some of the costs of security relating to their use of the premises in exceptional circumstances.

7.1. Any member of staff or student breaching this code may be subject to action under the relevant staff or student disciplinary procedure.

7.2. Where a breach of this code occurs, it shall be a duty of all to whom this code applies to take all reasonable steps to secure the identification of persons involved in that breach.

8.1. Students may submit a complaint related to their academic studies, learning opportunities or student experience via the Student Complaints Procedure. Matters relating to the conduct of students will be considered under the Student Disciplinary Procedures.

8.2. Staff may submit a complaint via the institution’s staff complaints procedure and a completed grievance/complaint form submitted to the Head of People and Organisational Development.

9.1. Minor updates to the code that do not affect the rules, principles or intent of the code may be approved by the Principal.

9.2. The Board of Governors will formally review the operation of the code and approve any changes to the code on an annual basis.

9.3. In accordance with Part A2 of the Higher Education and Research Act 2017, the Board of Governors will at least once a year bring this Code of Practice to the attention of all its students.

July 2025