Higher Education Students: Statutory Duty of Care

Wendy Chamberlain Excerpts

Monday 5th June 2023 Westminster Hall

[Mrs Grant]

I certainly do. As I said a few moments ago, a statutory duty of care would level up the standard of care in the way that our young people deserve. Obviously, we must put in place all the other suicide prevention measures, but they are not working. They are insufficient. We need both. We need more. We need clarity in the law, and we certainly do not have that at the moment.

[Wendy Chamberlain (North East Fife) (LD)]

I apologise that my Select Committee duties prevented me from being here at the start of the debate. The hon. Member mentioned that one in four students say they have mental health challenges. A more transparent framework or a duty would surely give students the confidence to come forward to the university to seek help and support. I can imagine that when they are facing mental health challenges they often feel there is nobody to turn to, and they do not necessarily have confidence in those institutions. A duty of care would surely help them to come forward and share their struggles.

[Mrs Grant]

A statutory duty of care would certainly help, but we need everything—it is about having a multi-pronged approach, which I will come to in a moment.

Suicide is a complicated issue, and preventing it requires many different approaches. In that respect, let me say something about two other important and related issues. The first issue is combating stigma. People who struggle with suicidal thoughts may be afraid of being judged or stigmatised if they talk about their feelings. Some pastoral carers have concerns about talking to people they know may be at risk for fear of increasing the likelihood of suicide. Contrary to that, research has shown that asking direct questions about suicide can help to save lives.

The second issue is about learning from tragedy to help us to prevent future deaths, which is precisely what Hilary Grime and her colleagues at the Lived Experience for Action Right Now Network are striving to achieve. It was their petition that brought this debate to the House of Commons. Through a presentation in the Jubilee Room in April, they educated many MPs about the need for a statutory duty of care. They are helping us to learn and giving us the chance to make a change through the loss of their children: Natasha, Kieran, Stefan, Mared, Ceara, Phoebe, Jared, Lucy, Oskar, Harry, Romily, Kim, Cameron, Daniel, Rory, Ben, Harrison, Alexandra, Theo, Charlie and Naseeb.

In conclusion, the decision of Judge Ralton in Abrahart v. University of Bristol is being appealed in the High Court. That will allow the arguments surrounding the existence of a common-law duty of care to be looked at again, although judges are often reluctant to confirm the existence of a duty where none has existed before. The introduction of a statutory duty of care would, however, remove the current uncertainty and ambiguity. It would allow all stakeholders to contribute to the development of a set of legal norms that would strike the right balance between students and their teaching institutions. It would also bring our law into line with other common-law jurisdictions, such as the USA and Australia.

I have written to and spoken with the Minister, on behalf of my constituent, making the case for a statutory duty of care. In his written response to me, dated 25 November 2022, the Minister set out in detail the policies, practices, frameworks, champions and data that exist in relation to suicide prevention. The response failed, though, to address the uncertainty surrounding the duty of care for students in higher education. I hope that today’s debate will allow the Minister to listen carefully to the arguments and look again at this vital issue.

--- Later in debate ---

[The Minister for Skills, Apprenticeships and Higher Education (Robert Halfon)]

It is an honour to serve under your chairmanship, Sir Robert. I thank my hon. Friend the Member for Don Valley (Nick Fletcher) for the way he opened the debate. He fairly set out all points of view on this very difficult issue. It has been a deeply emotional debate; we have heard heartrending testimonies from MPs on behalf of their constituents. I hope my remarks will set out some real things that the Government are doing. I will be limited in responding to everyone, because I want to be able to speak to the families here today, and to those watching on BBC Parliament or the internet. I thank Lee Fryatt and the LEARN Network for starting the petition, and all the families. They are rightly calling for students to be better protected when they leave home for the first time for university. The hon. Member for Westmorland and Lonsdale (Tim Farron) said that the selflessness of the families has been clear. He is exactly right. Theirs is a very important description of what is happening, and what everyone has been through.

I know that many people listening to the debate have had painful first-hand experience of losing bright, capable young people to suicide, and it was an honour to attend the parliamentary event last month to personally hear their testimonies. We owe it to the memories of those young people to collectively take strong and effective action that prevents further tragedies. That, above all else, should be what the Government deliver for them, and since being appointed the Minister for Skills, Apprenticeships and Higher Education by the Prime Minister last year I have made it a priority for my Department.

Let me set out what our approach will be. The first point is funding and resourcing vital services. I know that that is a concern of the shadow spokesman, the hon. Member for Warwick and Leamington (Matt Western). I welcome the constructive way in which he set out his argument. The second point is spreading and implementing best practice, and the third is having clear responsibilities for providers and protection for students.

First, to deliver the determined interventions that are needed we absolutely need the right funding. That is why we invested £3.6 million via the Office for Students to establish Student Space. Since its launch in 2020, nearly 300,000 students across the country have benefited from the free mental health resources and confidential support that that online service offers. We have also asked the Office for Students to distribute £15 million this academic year so that support can be targeted towards students starting university for the first time. That funding will also enable effective partnerships between providers and local NHS services so that students can better navigate the pathways for mental health provision. Those NHS mental health services are receiving record funding through the NHS long-term plan. By March 2024, an additional £2.3 billion per year above 2018-19 levels will go into mental health services in England. As a result, a further 345,000 people under the age of 25 will get the mental health support that they need.

A number of Members talked about the mental health charter, especially the hon. Member for Sheffield Central (Paul Blomfield). It has been acknowledged that the university sector has made some important strides in recent years to develop clear mental health support frameworks, working with charities and experts. The suicide-safer universities framework provides guidance on suicide prevention for university leaders. There is also now postvention best practice on providing compassionate and timely support after a suspected suicide. Building on those foundations, Student Minds developed the university mental health charter, setting out the principles for a whole-university approach to mental health. That includes the need for mental health training relevant to the role of individual staff—an issue that I know the LEARN Network has raised.

The associated charter programme is not a panacea but a process—one that enables continuous improvement and that has already raised standards in the sector. As has been mentioned, I have written to ask all universities to sign up to the mental health charter programme by September 2024. It is right that just 61 universities are already part of the charter programme. I know that that concerns my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), and I agree that it is time the rest got onboard. It is time that parents and students have the confidence that a safety net is in place, whatever university they have chosen to study at.

Providers that do not have degree-awarding powers are not eligible but can still follow the charter’s principles, and there is an Association of Colleges mental health and wellbeing charter for colleges. My hon. Friend the Member for Guildford (Angela Richardson) talked about parity of esteem, and about how FE is doing these things and universities should be doing them as well. She is absolutely right. I thank all the further education colleges and providers for all they do to support learners with mental health difficulties.

I am confident that higher education can meet this challenge. However, I have made it clear that if the response is not satisfactory, I will go further and ask the Office for Students to look at the merits of a new registration condition on mental health. To those who fear it would not have the right impact, I want to be clear that any breach of such a condition would be subject to the same sanctions as breaches of other registration conditions.

I have been asked about the student support champion. For the record, I should declare that I was made an honorary professor of Nottingham Trent University when I was Chair of the Education Committee. We appointed Professor Edward Peck as the first ever student support champion in 2022, and I am pleased that he is in the Public Gallery to observe this debate. I am indebted to him for all his support and wise advice.

Professor Peck has worked with the LEARN Network to identify four more areas where providers should go further to protect students’ mental health. First, providers need to identify students at risk early, with pastoral care well before they reach crisis point. UCAS has worked hard to improve disclosure of mental health conditions by breaking down stigma and promoting the benefits of having reasonable adjustments in place from day one. Providers are already finding effective ways to identify students who have not yet disclosed but need help, such as Northumbria’s innovative use of student data analytics. We need to waste no time in rolling this out, but there needs to be a clear action plan, backed by the sector and students, to ensure that it happens.

Secondly, higher education needs to get behind a university student commitment on more personalised and compassionate academic processes, so that students are dealt with sensitively when they face course dismissal or receive difficult assignment results. The LEARN Network has raised the importance of that issue, and has asked for students to be treated fairly. Under the commitment, providers would review their procedures to ensure that the circumstances of individual students are considered, including their mental health.

Thirdly, lessons from existing reviews of student suicides need to be shared more widely, which I know some bereaved parents have been calling for. To ensure that that happens, we will commission an independent organisation to carry out a national review of university student deaths. That is the best way to ensure that local reviews are done rigorously, to learn from these tragic events and to prevent lives from being lost. My right hon. Friend the Member for Camborne and Redruth (George Eustice) talked about the suicide data issue. I will come on to what we are doing. I mentioned Professor Peck and the review, and it is perhaps something we could look at in relation to that. As my right hon. Friend knows, the Office for National Statistics has published national data on student suicides.

I know that there are bereaved families listening today who would particularly like to see Universities UK guidance on sharing information with trusted contacts effectively adopted. That has been raised by a number of Members. Of course, where possible, information should be shared with parents. There may be circumstances where students do not want to share. They may be adults; there may be issues with family breakdowns or personal issues that mean they do not want to share with parents, but having a point of contact is exactly right.

As of May 2023, a Universities UK survey showed that 93% of members have adopted or are adopting the guidance on information sharing, so we should start to see a change in practice. Ensuring that best practice on information sharing with trusted contacts, whether parents or otherwise, is fully implemented will be a key focus of the implementation taskforce. The taskforce will set targets for improvement, which I will come on to.

As I have mentioned, Professor Peck is chairing a new higher education mental health implementation taskforce, with its outputs reporting directly to me. It will include bereaved parents, students, mental health experts, charities and sector representatives. Of course, where I am able to involve the shadow Minister, I will be pleased to do so.

[Wendy Chamberlain]

Will the Minister give way?

[Robert Halfon]

I will in a second, but I have some very important stuff for families to get through.

By the end of this year, the taskforce will be asked to put in place an interim plan for better early identification of students at risk and for delivering the university student commitment as well as a set of strong, clear targets for improvements by providers. By May 2024, it should follow with a final report outlining the next steps, including how the sector will publicly report on the progress measures over the coming years.

[Wendy Chamberlain]

I am grateful to the Minister for giving way. We are talking about a lot of stakeholders, and we are also talking about UK bodies. I am very keen to understand what engagement the Minister is having with the Scottish and Welsh Governments. All of us, wherever we represent, want to ensure that we prevent student suicides.

[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.