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Higher Education Students: Statutory Duty of Care
05 June 2023
Lead MP
Nicholas Fletcher
Responding Minister
Robert Halfon
Tags
NHSEducationMental Health
Word Count: 15145
Other Contributors: 16
At a Glance
Nicholas Fletcher raised concerns about higher education students: statutory duty of care in Westminster Hall. A government minister responded.
Key Requests to Government:
Fletcher calls on the Government to introduce a statutory duty of care for higher education students, akin to employers' duty of care for employees, to ensure better communication and support services. He also urges universities to implement measures such as the trusted contact system and the suicide-safer guidance. I am asking the Government to reconsider its position on introducing a statutory duty of care for higher education providers to protect student welfare and prevent harm caused by university negligence.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Nicholas Fletcher is concerned about the high rate of student suicides in higher education institutions, citing statistics showing that between the 2017 and 2020 academic years, 319 students died by suicide. He notes that a survey conducted by the Petitions Committee found that over half of current and former students felt their university was unsupportive regarding mental health issues. Parents were equally disappointed, with 79% stating they disagreed or strongly disagreed that the current support for university students is adequate. Over 2.8 million students are in higher education in England and Wales, with one student dying from suicide every four days over the past decade. The law is unclear regarding universities' duties of care towards their vulnerable young students, as seen in a recent case where a claim for negligence failed due to the lack of established duty of care.
Andrew Western
Lab
Stretford and Urmston
Andrew Western shared the story of Naseeb Chuhan, a student who took his own life after struggling with mental health issues at Leeds Beckett University. He highlighted that there were no welfare checks made to address Naseeb's outstanding work or attendance issues and criticised the university for not adequately identifying and responding to risk during a wellbeing service visit. Western also pointed out the difficulty parents face in making complaints about universities' handling of cases due to lack of regulation, arguing for a statutory duty of care for students.
Guildford
The MP supports the petition for a statutory duty of care for higher education students, acknowledging existing mental health funding and targets. She expresses concern for families who have lost loved ones to suicide during university and highlights the lack of legal protection for undiagnosed neurodiverse students. She also criticises misunderstanding of GDPR in cases of mental health crises.
Bury South
He discusses his constituent Anu Abraham who was failed by both the police and university during a placement and took his own life due to bullying, calling for a duty of care or a much more holistic view to ensure parents fully understand what is happening.
Debbie Abrahams
Lab
Oldham East and Saddleworth
Proposed a named advocate for students to ensure staff at all levels are trained and can notify parents if there are concerns about a student's mental health, based on her experience with the death of her nephew.
George Eustice
Con
St Ives
Called for transparency in suicide data reporting by universities, proposing that they declare and publish information about student suicides. Also suggested placing poorly performing universities in special measures or providing them with necessary support.
Hilary Benn
Lab
Leeds South
He asks if parents should be informed when their child attempts suicide at university, highlighting that Universities UK has drawn up suicide prevention guidelines which he believes should be made compulsory for universities as an interim measure.
He congratulates the petitioners on securing today's debate and discusses how mental health in higher education has become more complex and serious following the covid pandemic, suggesting a review of the law to protect students.
Karen Bradley
Con
Staffordshire Moorlands
She speaks out on behalf of her constituent Esther Brennan whose son Theo was let down at every level by the university processes he went through and had no duty of care according to an inquest, she agrees that we need clarity on this issue.
Kerry McCarthy
Lab
Bristol East
As a Bristol MP, Kerry McCarthy has been in touch with the vice-chancellors of local universities to ensure they are addressing mental health issues seriously. She questioned whether a statutory duty of care would effectively engage further education establishments and smaller institutions beyond large universities.
Kit Malthouse
Con
North West Hampshire
Mr. Malthouse discussed the case of Valerie and Andrew Hayter, whose son Alex took his own life due to disengagement from university. He argued that universities have become more transactional and less focused on pastoral care, leading to a lack of basic kindness and human connection for students in distress.
Mary Foy
Lab
City of Durham
Ms. Foy expressed her condolences to the families affected by student suicides and criticised the Government's response as insensitive. She supported the petition calling for a statutory duty of care, arguing that it is fair, justifiable, and necessary given the current system's failures.
Matt Western
Lab
Warwick and Leamington
Expressed gratitude to the LEARN Network for their campaign, highlighted testimonies from the parliamentary reception as powerful and moving. Discussed concerns about automated emails lacking empathy, mental health crises among students, financial pressures leading to despair, and inconsistent implementation of best practice guidelines. Called for more investment in mental health services, better integration with NHS trusts, and enforcement of a charter for student welfare.
Paul Blomfield
Lab
Sheffield Central
Mr Blomfield highlighted the importance of addressing mental health issues among university students, noting that even one suicide is too many. He mentioned the low but concerning number of suicides and emphasized the preventable nature of these deaths. He cited statistics showing that 25% of 17 to 19-year-olds in England experienced poor mental health last year, a significant increase from 6 years ago. Mr Blomfield also discussed the inadequacy of current support systems and universities' response through initiatives like the mentally healthy universities framework.
Tim Farron
Lib Dem
Westmorland and Lonsdale
Paid tribute to the petition signatories, particularly Oskar Carrick's parents for their selflessness in campaigning. Emphasised the importance of universities sharing information about students' mental health with families despite GDPR concerns. Stressed that students are not regular customers and require a statutory duty of care due to vulnerabilities stemming from social media pressures and the pandemic.
She highlights the case of her constituent Mared Foulkes who received an automated email hours before her death saying she had failed exams and would not progress to third year, stating that this is completely unacceptable.
Wendy Chamberlain
Lib Dem
North East Fife
Wendy Chamberlain noted that one in four students face mental health challenges, suggesting that a more transparent framework or statutory duty of care could boost student confidence to seek help from their institutions. She highlighted the current lack of support and the potential for improved outcomes with such measures. Asked the Minister about engagement with Scottish and Welsh Governments to prevent student suicides.
Government Response
Robert Halfon
Government Response
It is an honour to serve under your chairmanship, Sir Robert. I thank my hon. Friend the Member for Don Valley for opening the debate and fairly setting out all points of view on this difficult issue. The debate has been deeply emotional with heartrending testimonies from MPs on behalf of their constituents who have lost bright, capable young people to suicide. We owe it to these memories to take strong action to prevent further tragedies.
The Government's approach includes three key areas: funding and resourcing vital services; spreading and implementing best practice; and having clear responsibilities for providers and protection for students. Funding includes £3.6 million invested via the Office for Students to establish Student Space, which has benefited nearly 300,000 students since its launch in 2020, offering mental health resources and confidential support. This year's distribution of £15 million will target first-time university starters and enable effective partnerships between providers and local NHS services.
There is a need for best practice, such as the mental health charter programme developed by Student Minds, which sets out principles for a whole-university approach to mental health. All universities are asked to sign up to this programme by September 2024. Providers that do not have degree-awarding powers can still follow the charter's principles.
The Minister is confident that higher education can meet this challenge and has made it clear that if the response is unsatisfactory, he will ask the Office for Students to look at a new registration condition on mental health.
Professor Edward Peck was appointed as the first student support champion in 2022. He is working with the LEARN Network to identify areas where providers should go further to protect students' mental health, such as early identification of students at risk and more personalised academic processes.
The Government will commission an independent organisation to carry out a national review of university student deaths to ensure local reviews are done rigorously, learn from these tragic events, and prevent future losses. The sector is making progress on a voluntary basis, and although the Minister does not believe that new legislative requirements would be the most effective way forward, he will not close the door on future legislation if necessary.
The Government aims to see all universities sign up to the mental health charter programme by September 2024. Professor Peck's proposals for better early identification of students at risk and delivering a university student commitment should be put in place by the end of this year, with strong targets for improvements set out.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.