Universities: Statutory Duty of Care

Nick Timothy Excerpts

Tuesday 13th January 2026 Westminster Hall

[Nick Timothy (West Suffolk) (Con)]

I am pleased to respond to this debate on behalf of the Opposition. I congratulate the hon. Member for Rushcliffe (James Naish) on leading it; I also pay tribute to the families who have brought their tragic stories to hon. Members, which have informed the debate. That is how serious problems, such as the lack of consistent safeguarding for students, are brought to public awareness, and it is how change happens.

The themes that have come up today show a clear pattern and demonstrate the challenge across the whole United Kingdom. The main theme was the lack of consistency in safeguarding and care. The hon. Member for Rushcliffe was eloquent in making his case that deciding the law through litigation, not legislation, causes uncertainty and distress for families. Equally, some of the difficulties that exist—such as the need to recognise that students are adults with their own autonomy and responsibility, while parents obviously want to help their children in young adulthood—were also set out well.

University should be a rich and rewarding experience for every student. University is when so many young people have a chance to grow, learn more about their passions inside and outside the lecture hall, and decide what they want to do in future. It is when many young people begin to discover who they want to become.

[Sadik Al-Hassan]

Here with us in the Public Gallery is John, a constituent of mine from Nailsea. John’s beloved son Max devastatingly lost his life to suicide in 2017, at just 23. Max’s mental health difficulties emerged while he was studying for an economics degree at the University of Edinburgh. Tragically, Max is not alone. Does the hon. Member agree that there is a crisis of care in universities, and that we need a funded statutory duty of care to protect other students like Max?

[Nick Timothy]

I thank the hon. Member for sharing that very sad story. I reiterate that I know the bravery that it takes for families to share these stories, and the importance of hon. Members repeating them so that we can fully understand this problem. Although my party’s position is not yet fully established on whether we need a statutory duty, we certainly need to do a lot better than we are right now.

As well as being an exciting time, university can be when young people are at their most vulnerable. Universities have several legal duties, including health and safety legislation to ensure that they minimise accidents and injuries on campus. There is the basic maintenance needed to ensure that buildings and public spaces are safe, and in recent years we have seen universities take more seriously the task of offering mental health services to students and making sure that there is help available.

The proportion of students with a mental health condition has increased from less than 1% in 2010 to 5.8% in 2022, and the Office for Students has recorded an average of 160 suicides a year among students between 2016 and 2023, which is an extraordinary statistic. Like other colleagues here today, I have been contacted by constituents whose families have been affected by this awful trauma. One told me about a relative who committed suicide as an undergraduate. Legal proceedings against the university found that it had failed to make the changes needed to support the student in question. As we have heard today, my constituent is not alone, and so many others have not had the help that they needed during a critical time in their life.

These are often complex cases, but universities are obliged to find ways of addressing common problems experienced by students struggling with their mental health. Some students need help to cope with the stress of workloads and exam pressure, moving away from home for the first time, losing touch with friendship circles and family, as well as financial pressures, as we have heard during this debate. In those moments of crisis, universities can and must help.

It is also very much the job of universities to make their campus as safe as possible from criminal behaviour. The Office for Students found that 14% of surveyed students reported being a victim of sexual violence, and one in four students reported being a victim of sexual harassment. While this obviously reflects wider social problems, universities must still put in place sufficient preventive security measures and offer support for victims of these very serious crimes.

[Warinder Juss]

Many hon. Members have mentioned the need for universities to have extra funding to meet this statutory duty of care. Does the hon. Member agree that it is not always an issue of funding, but can be one of mindset? In Natasha Abrahart’s case, the matter could have been dealt, with without the need for extra funding, just by finding another way to elicit that information from Natasha rather than exposing her to oral assessments when the university was aware that she was suffering from chronic social anxiety disorder.

[Nick Timothy]

I thank the hon. Member for his intervention. In these debates, the first response is so often to say that it is a question of money. However, the reality is often that we need proper structures, policies and accountability in place so that institutions perform as they should. As the debate has shown, we also have a much wider culture to address. Some of the culture change we need reflects a wider cultural change in society, but some of it is very specific to universities and the work they do to make sure that they meet their duty of care. I therefore agree with the hon. Member.

Universities have a responsibility to protect their students from discrimination, intimidation and extremism, but that is not what has happened over the last several years. The last Conservative Government passed the Higher Education (Freedom of Speech) Act 2023, which was introduced to ensure that universities are safe for the free exchange of ideas and intellectually honest debate. That legislation is still not properly or fully enacted. Students wanting to challenge ideas such as radical gender ideology still risk being threatened and punished for their opinions.

At the same time, universities have tolerated protests and encampments that have left Jewish students feeling unwelcome and unsafe. Antisemitic chants such as “From the river to the sea” and “Death to the IDF” have been met with silence from too many universities. The protests that I am talking about have cost £2.6 million in security and clean-up costs across the country since the 7 October attacks. Despite the brazen mass display of antisemitism at those events, only 49 students at 17 universities have been investigated, and even fewer have been punished.

Just last week, the United Arab Emirates placed restrictions on its citizens to limit the number who come to study at British universities, due to concerns that they might be radicalised by the Muslim Brotherhood on our campuses. Islamists are finding more ways to infiltrate British universities and institutions to spread their ideological poison undeterred. Just as we must in all our public institutions, we need to take on and destroy that evil in our universities.

There is no single clear statute in law that sets out a positive duty of care for universities, but parents have a reasonable expectation that universities will protect and support the young people they are entrusted with educating. That is why my party welcomes this debate. I personally welcome the contributions from everybody who has attended, and I thank Members across the House for engaging so constructively as we work to make universities safe for everyone.