University of Sussex challenges ‘unlawful’ OfS fine in defence of trans‑inclusive policies

The University of Sussex (UoS) has launched a landmark judicial review against the Office for Students (OfS) after the regulator imposed a record £585,000 fine linked to campus tensions that followed pro‑trans student activism during the departure of former philosophy professor Kathleen Stock in 2021.

UoS argues that the OfS has dramatically overreached its powers, insisting that the university’s trans and non‑binary equality policy - which asked staff to positively represent trans people and explicitly rejected transphobic propaganda - was not a “governing document”, and therefore falls outside the regulator's remit.

Senior university figures say the case cuts to the heart of how British higher education supports trans inclusion while balancing free speech duties. A spokesperson for Sussex said the challenge concerns the “scope of the regulator’s powers and the autonomy of universities to foster civility, respect and inclusion on campus”.

The OfS investigation, which spanned more than three years, scrutinised how UoS handled student protests that condemned Professor Stock’s public and academic expressions of gender‑critical views - views many trans students described as making them feel unsafe on campus.

The regulator argued that UoS's 2018 equality policy may have produced a “chilling effect” on some staff and students, including Stock, who later said she self‑censored certain views as a result. But UoS maintains that such policies are both lawful and essential for ensuring that trans, non‑binary, and gender‑diverse students can participate fully in university life without discrimination or harm.

The OfS framed the policy as a threat to free speech; UoS counters that it is a standard equality measure, proportionate to its duty of care. In court documents, the university argues that higher education institutions are fully entitled to impose necessary and proportionate limits on conduct to preserve inclusive learning environments - particularly where minoritised students face elevated risks of harassment or marginalisation.

The judicial review, now underway at the Royal Courts of Justice, asserts that the OfS ruling was “ultra vires, irrational and procedurally unfair”, with UoS claiming that only the King - not the OfS - holds the legal authority to judge breaches by a university established by Royal Charter. 

Many trans students and advocates worry that the OfS’s approach may embolden anti‑trans activists and undermine years of progress toward building safer campuses.