Universities: Statutory Duty of Care

Daniel Zeichner Excerpts

Tuesday 13th January 2026 Westminster Hall

[James Naish (Rushcliffe) (Lab)]

I beg to move,

That this House has considered the potential merits of a statutory duty of care for universities.

It is a pleasure to serve under your chairship, Sir Christopher. I am grateful to the Backbench Business Committee for granting time for this important debate, which follows an e-petition of 128,000 signatures that resulted in a Westminster Hall debate in June 2023. That was two and a half years ago and there has been a general election since then, so I thought it important that a new cohort of MPs be able to look at and debate this matter. After all, the wellbeing and safety of university students is an important issue that attracts thoughtful engagement across party lines. No doubt today’s debate will reflect a shared seriousness of purpose.

I was at university in the late 2000s. Although that feels like an increasingly long time ago, I still recall a phone call from one of my peers telling me that a mutual acquaintance, a 20-year-old involved in student politics, had taken his own life. Six years later, two more students at the college did the same, including one who had visited a GP only the day before and been told to take medical leave.

We should be clear at the outset that mental health struggles at university are not new. What has changed, arguably, is our understanding and recognition of them. Throughout the 2010s, there was a concerted effort to raise and tackle the stigma associated with mental health struggles through the work of many well-known names, as well as grassroots campaigners such as ForThe100, who live with the scars from a system that failed them and their families. They should all be applauded for those efforts, which have made such a positive difference.

Although there are ongoing debates about the so-called overdiagnosis of mental health issues and special educational needs, we should not lose sight of the impact. In each year between 2016 and 2023, there was an average of 160 suicides among higher education students in England and Wales, according to the Office for National Statistics. Student Minds states that one in three students reported poor mental wellbeing at the end of the same period.

At its heart, this debate asks a question that is relatively simple but that has complex implications: are the health, wellbeing and safety responsibilities that universities owe to their students sufficiently clear, consistent and enforceable, or does the current legal framework leave too much uncertainty for students and institutions alike?

[Daniel Zeichner (Cambridge) (Lab)]

My hon. Friend is making a very important speech. A few years ago, I and colleagues on the all-party parliamentary university group looked at these issues. What we found was a very inconsistent set of relationships between universities and local health services. Has my hon. Friend found that, too?

[James Naish]

Yes. I thank my hon. Friend for raising that point. Undoubtedly, “consistency” is a key word. It is about how we ensure that these issues are dealt with, through universities or associated support services, in a proper and consistent way, no matter where someone is at university. I am not surprised that my hon. Friend’s all-party parliamentary group came to that conclusion.

It is clear that more and more students are seeking to be open with universities about their mental health challenges and are seeking support. Over the past decade, the proportion of students disclosing mental health conditions to their university has risen sharply, from under 1% in 2010 to nearly 6% in 2022-23, and there is anecdotal evidence to suggest that the figure is rising yet again. It is also recognised and accepted by universities that poor mental health is associated with higher drop-out rates, poorer academic outcomes and weaker graduate prospects.

I welcome the work that this Government and the previous Government have done with the university sector to respond, including through the work of the higher education mental health implementation taskforce. However, although the scale of demand for mental health support from universities has risen sixfold, the law has yet to catch up with the very different set of circumstances and our increased understanding. At present, no statutory duty requires universities to take reasonable care to protect adult students from foreseeable harm. Instead, obligations arise in a fragmented way, through health and safety law, equality legislation, human rights law, contract law and voluntary guidance issued by sector bodies.