Higher Education Students: Statutory Duty of Care

Debate between Nick Fletcher and Karen Bradley

Monday 5th June 2023 Westminster Hall

[Nick Fletcher]

I know how important the subject is to my hon. Friend, and I agree that that kind of behaviour from universities is appalling. Their entire being is about young people. They really need to do better.

The petitioners call for a statutory duty of care, akin to employers’ duty of care for employees, to protect them from foreseeable harm caused by either direct or indirect actions. Parents said that a duty of care would improve communication with families—as we have seen, that definitely needs to happen—take into account extenuating circumstances and the need to offer further support; lead to better availability of support services and staff training; mean the recording and investigation of student suicides, including the publication of student suicide rates; and give consistency of service at all universities.

The Government say that universities have a general duty of care. There is a case in which that was found not to be the case, but because there is an appeal in respect of the case, it is not possible to discuss the details any further. Universities UK has said that they have a moral and ethical duty, while also suggesting that there could be some kind of mandatory excellence framework, as it believes in continuous development.

[Karen Bradley (Staffordshire Moorlands) (Con)]

My hon. Friend is making an incredibly powerful speech. I want to speak out on behalf of my constituent Esther Brennan, who is here with us today. Esther lost her son Theo. Theo went through all the processes that the university put in place, and the university failed him at every level. At the inquest, the university claimed that it did not have a duty of care, and the inquest found in favour of that position. That cannot be acceptable. We cannot have this uncertainty. Does my hon. Friend agree that we need clarity on this issue?

[Nick Fletcher]

I thank my right hon. Friend for her contribution. I send my sincere condolences to her constituent’s family. It is a terrible issue and a terrible blow to the family. I will come to her point later.

AMOSSHE, the student services organisation, recently stated that it did not believe that an additional statutory duty of care

“is the right approach for embedding the wider improvements”

that it is committed to

“and that have been identified by bereaved families and the LEARN Network.”

PAPYRUS agrees that there should not be a statutory duty of care and that a more societal approach should be taken instead.

Further questions that have arisen from my research include the following. Why are all universities not implementing the trusted contact system and then using it? Why have all universities not signed up to the “Suicide-safer universities” guidance and the university mental health charter? Why are universities still carrying out bad practice such as telling students they must leave by email, without any thought of the inevitable emotional and mental impact? Why are universities not coming together to go through the coroners’ reports of the 319 tragedies that I mentioned to find common themes and spread best practice to avoid future deaths?