Higher Education Students: Statutory Duty of Care

Debate between Robert Halfon and Robert Syms

Monday 5th June 2023 Westminster Hall

[Robert Halfon]

Although education is a devolved issue, as the hon. Lady knows, I will of course work with the devolved authorities—absolutely. It is absolutely essential to learn from each other. The Labour party spokesman talked about Wales, for example. There is a lot that we can learn from.

Turning to the statutory duty of care called for by the petition, I absolutely get the arguments and hope I have demonstrated that I share the petitioners’ fundamental aims, which are to protect those who study at university and to prevent future tragedies. If creating a duty for higher education providers towards their students was the right way to achieve that, it would absolutely have the Government’s backing. There are reasons why we believe that it may not be the most effective intervention.

My right hon. Friend the Member for North West Hampshire (Kit Malthouse) expressed some important views about bureaucracy. PAPYRUS, the suicide prevention and mental health charity, says that one of the risks of the shift from “should” to “must” is that we already see, most prevalently, a rescinding of energy. My worry is that if we introduce a framework that says “must”, people will recoil even further and avoid any natural intervention that they would ordinarily make. I am worried that the thing that he wants to happen might create a one-size-fits-all approach, when we need to look at different ways of intervening for mental health.

First, the Government’s view, shared by independent legal experts, is that a general duty of care already exists in common law as part of the law of negligence. That means higher education providers must deliver educational and pastoral services to the standard of an ordinarily competent institution. Recent judgments failed to find a duty of care in the circumstances of those particular cases. However, I am aware that the decision in Abrahart v. University of Bristol is being appealed in the High Court, so I have been advised that I am not able to comment further at this stage, although we will look at the issue carefully.

Secondly, there are already further protections for students in law. In particular, the Equality Act 2010 protects students with disabilities, including mental health conditions, from unlawful discrimination and harassment. It also provides reasonable adjustments where such students would otherwise be put at a substantial disadvantage. Providers must also fully observe health and safety obligations and requirements to safeguard vulnerable adults, as well as contractual obligations.

Thirdly, setting aside the legal position, we do not believe that the most effective way to improve student mental health is to introduce new legislative requirements when the sector is making progress on a voluntary basis. Although the sector absolutely could and should do more—I have tried to set out some of the things that we are calling for—providers are still innovating and improving, and there is not yet consensus on which interventions are most effective. That is the point I am trying to explain to my right hon. Friend the Member for North West Hampshire. It is no excuse for not doing anything or for inaction, but it does mean that the one-size-fits-all approach may not achieve the best results and support for students suffering from mental health difficulties, which is what we all want to see. As I say, we have other pieces of legislation already in place on equalities and on negligence.

I expect universities, as organisations with an obligation to do the right thing for their students, to rise to the challenge that we have set for them today. As I have mentioned, if we do not see the expected improvements I will not hesitate to ask the Office for Students to introduce a new registration condition on mental health. It is vital that the whole sector takes this call to action seriously.

I hope that I have been clear that we are not standing by and letting things continue as they are. I am determined that all universities will sign up to the mental health charter and that Professor Peck’s proposals will be implemented. I will reiterate those aims when I host a mental health roundtable for sector leaders. We will also continue to monitor how effectively the existing law is being applied.

I want to say one thing to everybody who has talked about the need for more legislation—my hon. Friend the Member for Maidstone and The Weald cares passionately about this, and I thank her for all that she has done for her constituents. To be absolutely clear, I am not closing the door on future legislation if that is what is required to make students safer. For now, we are seeking actively to bolster every aspect of the support systems that are available to students. Absolutely no one should take up the shining opportunity of a university place—it is meant to be one of the greatest times of one’s life—only to find that poor mental health support prevents them from getting the most out of the experience and the fulfilment of attending that university.

[Sir Robert Syms (in the Chair)]

I call Nick Fletcher to make some brief final comments.