Not taking sides – approaches to institutional neutrality

Why are people talking about institutional neutrality?

The current discussions around institutional neutrality have arisen from concerns relating to free speech in higher education. Arif Ahmed, head of free speech at the Office for Students (OfS) has talked on a number of occasions about what he sees as the importance of institutional neutrality. Most recently he was reported in the Times Higher in March 2026 as saying that “University leaders should “think carefully” about making political comments and institutions should strive for “neutrality.” Ahmed argues that institutional political statements “may be something that has a chilling effect on academics and students.”

There are some important issues to consider in relation to these points. But before considering adopting a position on institutional neutrality, universities and college leaders will want to discuss fully the implications. In this blog we want to set out some of the issues and offer some pointers for institutions debating where they should stand on this.

Where did it all begin?

While arguments about university statements have been taking place for as long as there have been universities, the origins of the current debate arguably begin with the Kalven Committee at the University of Chicago in 1967. The Committee’s Report on the University’s Role in Political and Social Action was very much a response to the challenges higher education was facing then at a time of huge political turmoil. The fundamental concept here is that universities should not take a position on anything because to do so is to stifle the voices who might not agree with that position. This approach has remained influential and continues to be a reference point for those arguing for institutional neutrality.

The legal and regulatory position in the UK

There has been a great deal of discussion about freedom of speech and academic freedom in higher education in recent years including the introduction of new legislation, the Higher Education (Freedom of Speech) Act of 2023. This forms an important touch point for the debates around institutional neutrality but also relevant from a legal perspective are Article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression and the Higher Education and Research Act of 2017 which established the OfS and its regulatory framework. The OfS is the principal regulator of English higher education and therefore plays a central role in relation to the operation of relevant legislation including through Condition E1, which requires institutions to uphold the public interest governance principles, and Condition E6, which covers incidents of harassment and/or sexual misconduct affecting students.

What does institutional neutrality actually mean?

Essentially, institutional neutrality has the following key precepts:

• universities, as corporate entities, should refrain from taking official positions on political or social issues that do not directly affect their core mission or academic functioning.
• to protect free speech and freedom of inquiry, university leaders should not engage in speech that would appear to impinge on others’ speech.
• universities should be a protected, neutral place for the expression of all ideas, a safe space for healthy snd respectful disagreement.
• there should be an atmosphere which is most conducive to speculation, experiment, and creation.

The number of universities which have adopted statements professing institutional neutrality in the UK is low and currently only in single figures. But more universities and colleges are certainly discussing the issue.

A few of the arguments for and against neutrality

Those in favour of neutrality make the case that this ensures universities focus on their core business of teaching and research, maintain a consistent environment for everyone and avoid the division of specific positions and ensure there is no ‘chilling effect’ on free speech. And it is this latter point which tends to be at the heart of the arguments in favour of the adoption of institutional neutrality positions.

Arguments against institutional neutrality include the proposition that, historically, universities, their staff and students have been in the vanguard of social change and promoted inclusivity by supporting marginalised groups and should continue to do so. Institutions will all be committed to free speech, equality and diversity and sustainability principles – speaking out on these matters reinforces institutional values.

What should institutions do?

Before deciding whether to follow the small number of institutions which have published a statement, executive boards and governing bodies will want to have a full and wide-ranging discussion on the issues. This might include:

• Discussion of your institutional history, previous experiences, existing organisational strategy and policies.
• Debating some big questions and statements with no easy answers such as:
• “Do universities exist to change the world & can you do that without ethics and politics”
• “Neutrality is complicity in injustice”
• The chilling effect of non-neutrality
• Is advancement of equality compatible with neutrality?
• Is ethical investment/procurement compatible with neutrality?
• Consultation with staff and students about their experiences and understanding of the issue.

Any outcome of the debate will need to be communicated clearly and the nature and scope of the adoption of institutional neutrality will need to be shared with and explained to all stakeholders.

To conclude

Institutional neutrality remains a controversial issue in higher education in the UK as well as in the US. Neutrality has not helped US universities escape attack from an unfriendly government and it may not help should a similar position arise here. Institutional neutrality does need to be discussed within universities and colleges and there has to be a full exploration of the issues before a governing body comes down on one side or another.

Our education team is keenly aware of the issues around institutional neutrality and the related subjects of free speech and academic freedom. . Do get in touch if you are in need of advice on any of these matters or would like a high level briefing for your governing body or senior leaders.

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.