Universities: Statutory Duty of Care Debate
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Peter Prinsley
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Universities: Statutory Duty of Care
Peter Prinsley Excerpts(1 day, 8 hours ago)
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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.
Peter Prinsley (Bury St Edmunds and Stowmarket) (Lab)
I am concerned about medical students. If they have problems at university, there is a duty of care for them; if they are outwith the university, at a general practice or in another clinical setting under the aegis of the NHS, there appears to be no statutory duty of care. Does my hon. Friend agree that we must sort that out, particularly in respect of the sexual harassment of students?
James Naish
I will go on to mention the British Medical Association and its latest survey and work on the issue, but my hon. Friend is right to make that point. The patchwork of duties does not amount to a clear or proactive framework for student protection. That needs to be addressed.