Universities: Statutory Duty of Care

Scott Arthur Excerpts

Tuesday 13th January 2026 Westminster Hall

[James Naish]

My hon. Friend is absolutely right. The cost of living has only exacerbated a problem that we knew existed, so it is right for this House to think very deeply about the question.

On a point that my hon. Friend the Member for Bury St Edmunds and Stowmarket (Peter Prinsley) mentioned, it is worth noting that gaps are being recognised by more and more organisations. Last November, following a UK-wide survey of medical students, the British Medical Association issued a press release calling for stronger protections against neglect and specifically referring to sexism and sexual violence towards medical students. It urged the Government

“to bring forward legislation that introduces a statutory duty of care on higher education institutions for their students.”

We should be clear that a statutory duty of care would not require universities to act in loco parentis, nor would it require them to provide unlimited services or assume clinical responsibilities. Rather, it would establish a clear baseline that universities must act reasonably, with appropriate care and skill, when harm is foreseeable and vulnerability is evident, much as already happens in other regulated settings.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

I have come to this place from the university sector, so I understand the points that my hon. Friend is making. I pay tribute to staff across the sector who are supporting students right now. My hon. Friend will know that the sector is under huge financial pressure, so does he agree that a statutory duty should come with statutory funding?

[James Naish]

Yes. Undoubtedly one of the universities’ biggest concerns is about how the duty would be implemented and what the implications would be. I am not shying away from the reality that there would be costs for universities, but the question is whether we should put the duty in place. My hon. Friend’s point is about how any such legislation should be implemented, as opposed to whether it is needed in the first place.

It is important to be clear that a statutory duty of care is not about exposing institutions to unreasonable liability. In fact, clearer statutory duties may benefit universities by reducing uncertainty, helping to focus limited resources on the services and support that will make the biggest and most important legal difference, and by providing a shared sector-wide benchmark against which wellbeing and safety interventions can be properly assessed and, when necessary, judged in a court of law.