Higher Education Students: Statutory Duty of Care

Virginia Crosbie Excerpts

Monday 5th June 2023 Westminster Hall

[Nick Fletcher]

On the right hon. Gentleman’s point about not contacting parents, I believe that some universities cite GDPR as an issue. In my experience, safeguarding always overrides GDPR, so that is definitely something we need to look at. I will speak later about the guidance, but I thank the right hon. Gentleman for his contribution.

Overall, the survey showed that support for students varies significantly across the 200-plus universities and higher education settings. Both students and parents expect better. I have heard terrible stories, including of students being told by email that they are being asked to leave their university; zero marks being given without explanation and with no one available to talk to immediately; emergency contact numbers not being called in times of crisis, as the right hon. Gentleman just mentioned; deaths being announced before family members can tell their wider family; universities deleting student records in advance of any coroner’s inquest; data protection laws being used wrongly so as not to tell parents; and a general lack of training. Given that students are paying £9,000 a year to universities, is that acceptable?

[Virginia Crosbie (Ynys Môn) (Con)]

My hon. Friend is making a powerful speech. As many Members know, this subject is incredibly difficult for me to talk about, given my personal experiences, but I would like to highlight the case of one of my constituents. Mared Foulkes from Menai Bridge was in her second year of studying pharmacy at Cardiff University when she received an automated email from the university, hours before her death, saying that she had failed her exams and would not be moving on to her third year. Does my hon. Friend agree that that is completely unacceptable?

[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.