Universities: Statutory Duty of Care

Debate between Kerry McCarthy and Warinder Juss

Tuesday 13th January 2026 Westminster Hall

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Sir Christopher. I thank my hon. Friend the Member for Rushcliffe (James Naish) for securing this important debate. Currently, there is no general duty on universities to take reasonable steps to prevent foreseeable harm to adult students. With much of the University of Wolverhampton in my constituency of Wolverhampton West, I have been working closely with the university’s director of student life and designated safeguarding lead to address this issue.

Campaigners are not asking for strict liability or for universities to take the form of a parent. They are asking for something fair and simple: where a university becomes aware of a foreseeable risk of serious harm to one of their students, it should take reasonable steps to reduce and prevent that risk. That duty of care is applied in workplaces and colleges, and higher education should be no exception.

After I raised this matter in the House last May, I got a response from the Minister for Skills, Baroness Smith of Malvern, who said that a duty of care may arise in certain circumstances, and that such circumstances would be a matter for the courts to decide, based on the facts and context of the case being considered, and would be dependent on the application by the court of accepted common-law principles. I became an MP to be a legislator. As MPs, we cannot absolve ourselves from our duty as legislators by saying that it is for the courts to clarify uncertainties in the law. It is for us not only to clarify the law, but to make it stronger and sensible.

I was a personal injury and clinical negligence solicitor for more than 30 years before I became an MP, and I find it shocking that the common law does not impose a duty of care on universities to exercise reasonable care and skill for the wellbeing, health and safety of their students when they are teaching them or providing education-related services. That also applies to taking reasonable steps to prevent injury, including psychiatric injury, when such a statutory duty exists in prisons, hospitals, primary and secondary schools, and colleges or further education. Duty of care in negligence also exists in other situations: doctor to patient, solicitor to client, manufacturer to consumer, and one road user to another. There are well-established principles of negligence that state that, where a duty of care exists and that duty is breached, resulting in injury and/or financial loss that was reasonably foreseeable, negligence has occurred.

I will bring the tragic case of Abrahart up again. In Natasha’s case, there was reasonable foreseeability of Natasha’s health suffering and her having a psychiatric disorder, but it was held that the university was not negligent because the university did not owe Natasha a relevant duty of care. In October 2017, university staff became aware that Natasha was struggling and was experiencing anxiety and panic attacks in response to oral assessments. In February 2018, a university employee received an email from Natasha, saying:

“I’ve been having suicidal thoughts and to a certain degree attempted it.”

At that time, Natasha had been diagnosed with chronic social anxiety disorder, but the university continued to mark her down on her assessments. The court confirmed that there were other ways of eliciting information from the student rather than having oral assessments. It concluded that, had there been a duty of care in existence, there would have been a breach of that duty, and the university would consequently have been negligent for its actions.

Natasha’s claim succeeded only under the Equality Act 2010 on the grounds of disability discrimination, because the university failed to make reasonable adjustments based on her disability. However, there are other reasons—to do with legal costs and time limits—why, in order to achieve justice, it should be possible to pursue a claim in negligence where a university has been negligent.

[Kerry McCarthy]

It is not adequate for us to have to rely on a determination that someone is suffering from a disability because of mental health issues. In some cases, there will be a history, engagement and a diagnosis of a disorder, but in many others, it could be that the student suddenly feels themselves to be in that situation. There is not always a long pathway to suicide; it could be triggered by a particular event. Does my hon. Friend share my concern that relying on the Equality Act is not adequate in the cases of these students?

[Warinder Juss]

My hon. Friend makes a valid point, and I agree. There will be cases where a student is vulnerable and action needs to be taken, but where that student may not have been diagnosed with a disability. It does not feel fair that in those circumstances the university should not take any steps to deal with the student’s vulnerability.

It cannot be right that there is currently no duty on universities to take reasonable steps to protect the welfare of their students and prevent them from suffering harm when it is reasonably foreseeable that a failure to act will result in harm. Establishing such a statutory duty of care would ensure that the law in this country was brought in line with the position in other common-law countries, like the United States and Australia. More importantly, it will give clarity to judges to ensure that justice is achieved and there is access to justice. Universities will also be given clarity about their responsibilities, so that they can take appropriate action to prevent the loss of young lives in their institutions.

A statutory duty of care for universities would define expectations, embed accountability and promote prevention. It would not burden universities unnecessarily, but would align them with the responsibility already expected in other sectors. This is about fairness, clarity and saving lives, and Parliament must act to close this duty gap. Students and their families deserve better, universities need certainty and the courts need clarity. As parliamentarians, let us make that happen.

Oral Answers to Questions

Debate between Kerry McCarthy and Warinder Juss

Tuesday 29th April 2025 Commons Chamber

[Kerry McCarthy]

First of all, I am sure the whole House will want to send support to Spain and Portugal following the incidents yesterday. There were no effects in the UK, but we will continue to closely monitor the situation and any lessons learned from this event. I am not going to speculate as to its causes, but we do need to ensure that our own systems are as resilient as possible.

[Warinder Juss (Wolverhampton West) (Lab)]

4. What steps he is taking to establish international leadership on climate change.

[Richard Burgon (Leeds East) (Lab)]

11. What steps he is taking to establish international leadership on climate change.

[The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Kerry McCarthy)]

International leadership on climate change is critical for this Government, which is why we announced a world-leading nationally determined contribution at COP29 and were at the heart of negotiations during the summit. I have been working extensively with international counterparts to ensure maximum ambition from countries around the world at COP30, and look forward to further engagement.

[Warinder Juss]

I recently received letters from year 4 children at SS Peter and Paul primary school expressing concern over the impact of climate change on their futures, mentioning the extreme weather and the destruction of our natural habitats for our wildlife. The UK’s 10 warmest years on record have all occurred since 2002, and 2022 was the UK’s hottest year, with temperatures exceeding 40° for the first time. Despite being eight to nine years old, they gave suggestions for how the Government could help by providing cleaner sources of energy, such as making solar panels more affordable. Will the Secretary of State reassure me and those pupils that we are doing everything we can to be a world leader in tackling climate change and to sustain the future for our children?

[Kerry McCarthy]

I am glad to hear that the children at SS Peter and Paul primary school are taking such an interest in this issue. I can assure them that we are doing all we can to make Britain a clean energy superpower, such as lifting the onshore wind ban and setting up Great British Energy, and we are protecting nature too. We are also committed to engaging more with young people, and I will make sure my hon. Friend is kept informed of our plans.