Universities: Statutory Duty of Care

Mary Kelly Foy Excerpts

Tuesday 13th January 2026 Westminster Hall

[Mary Kelly Foy (City of Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I congratulate my hon. Friend the Member for Rushcliffe (James Naish) on securing this important debate.

As the Member for the City of Durham, I am immensely proud to represent a world-class university. For many students, coming to a city like Durham is not only a period of excitement, discovery and personal growth, but one of vulnerability. They are away from home for the first time, facing academic pressures far beyond A-levels and dealing with situations that they may not have had to deal with before, from problematic landlords to issues with utility suppliers, difficulties getting medication under shared care agreements and loneliness. They face situations that can pile on the pressure and exacerbate existing anxieties. For some, that vulnerability is even greater. Just yesterday, the Unite Foundation reported that well over a quarter of care-experienced and estranged students face financial concerns that directly damage their mental health. That number is over and above that of their peers who do have a family support network in place.

We are witnessing a crisis of scale. Higher Education Statistics Agency data shows that the number of students disclosing a mental health condition has increased by 480% since 2011. Office for Students statistics show that 25% of undergraduates in their final year have experienced sexual harassment, and we know that that is a tragically under-reported figure.

Some argue that because students are adults, a legal duty would make universities risk-averse, but I disagree. There is no need for a duty of care to be in loco parentis, where every move is monitored. It would be a duty to provide a professional standard of care, at the same level that we would expect from an employer or healthcare provider. If a student stops attending lectures for weeks on end, or their work shows signs of severe distress, a clearly defined process outlining how the university can and should support the student would potentially help with pressure points before they turn into emergencies.

Currently, student safety is a postcode lottery, and support varies widely between institutions. A statutory duty would replace this patchwork with a single national baseline and would help to give consistency, providing a floor below which no institution can fall. It would provide clarity on data to empower pastoral teams to involve emergency contacts without fearing that they are breaching GDPR, and integration to ensure better data sharing between the NHS and universities.

Alongside that, we must be mindful of the concerns raised by the University and College Union. Although a duty of care would be a huge step in the right direction, we need to be aware of the context in which this new responsibility would be introduced. A statutory duty of care would help to close gaps in accountability and would lead to earlier intervention, but there is already a funding crisis in higher education.

Imposing a duty of care on universities will not work if already overstretched staff and underfunded pastoral teams are expected to pick up the pieces. In fact, there is a risk that introducing a duty of care and thinking that that is job done could lead to more problems for students. If a duty of care is to be introduced, it must also come with the resources and funding to ensure that universities can deliver the training that their teams will need and that they can dedicate their own resources to already creaking mental health support teams. Of course, they need to ensure that their own staff are working in a safe environment.

A student’s safety should not rely on the terms and conditions of their specific university, but we cannot rely on passing legislation without the proper funding to allow universities to deliver the best support for their students. We owe it to every family to ensure that when a young person leaves home for higher education, the sector and the Government work hand in hand to ensure that they are protected by a properly funded, well-regulated and easy-to-understand statutory standard of care.

[Sir Christopher Chope (in the Chair)]

I call Phil Brickell, who has one minute.

Child Risk Disclosure Scheme

Mary Kelly Foy Excerpts

Tuesday 14th October 2025 Westminster Hall

[Liz Twist]

I know that Gemma, Rachael and the family have been working together with other families who have been affected, including Tony’s family. What happened to him is absolutely tragic. We need to take a number of steps along the way, and today we are arguing for this disclosure arrangement. I am very happy to talk to the hon. Member further about Tony’s case and how it can be improved.

The Government have taken vital steps forward with the Children’s Wellbeing and Schools Bill by placing a duty on certain agencies to disclose information to other agencies where they consider it to be relevant to safeguarding or promoting the welfare of children. That is a recognition of the regulatory barriers perceived by practitioners when sharing information, and of the culture change that is required. I am in no doubt that those measures, including the establishment of multi-agency child protection teams and the introduction of a single unique identifier for children, will help to save lives.

[Mary Kelly Foy (City of Durham) (Lab)]

I thank my hon. Friend for securing this important debate. Maya’s tragic story has touched many people across the north-east. I am pleased to support the family’s campaign. As my hon. Friend mentioned, one key ask from the family is the disclosure of information about wider caregivers. The recurring theme of serious case reviews into child deaths is that agencies have not worked together as they should. Does she agree that, for this law to be effective, there needs to be a laser focus on ensuring that statutory agencies genuinely work together?

[Liz Twist]

My hon. Friend makes a very good point. It is really important that we keep the focus on protecting our children and taking the steps we have outlined today.

Although it is vital that we improve safeguarding mechanisms among professionals, there is still more to do to ensure that families like the Chappell family are empowered to escalate their concerns, and that their concerns are taken seriously. We need greater awareness among the public and professionals of safeguarding risks that fall outside a narrow view of sexual abuse and intimate partner violence, we need to support safeguarding agencies to fulfil their obligations and hold them to account when those obligations are not fulfilled, and we need to close gaps to protect vulnerable children from slipping through the cracks of a fragmented system.

What steps is the Minister taking, alongside colleagues in the Department for Education, to ensure that our legislation is watertight? Will he commit to working across Departments to ensure that safeguarding partners work alongside each other to uphold their responsibilities? Will the Department for Education, working alongside the Home Office and others, consider the role of the police in protecting children from a broad range of potential risks? Finally, will the Minister meet me and Maya’s family, who are here today, to hear about their concerns and the changes we believe are necessary to prevent future tragedies?

Every loss of this nature causes unbearable pain for loved ones and carers. Maya’s family have worked so hard to get the campaign to this point. Sadly, her death is not the first high-profile case in which more could have been done. Had this debate been longer, I am sure we would have heard testimonies about many more children whose deaths could have been prevented. To put it simply, in each of these cases, reports are produced, and they almost invariably cite lessons learned, as was the case with Maya. The family and I are calling for those lessons to be put into action. As Gemma Chappell says:

“Let’s make that phrase mean what it should. Not the end of a case, but the beginning of change.”

We should not be here today. Today Maya should be five and a half years old. She should be enjoying her time at school, making friends and going to birthday parties. Her family will not have the opportunity to watch her grow up and see where life would have taken her, but they want to take every opportunity they can to ensure that no family has to endure the pain that they have. I pay tribute to them and hope the Minister can work with me and Maya’s family on that mission.

Universities: Freedom of Speech

Mary Kelly Foy Excerpts

Thursday 10th October 2024 Commons Chamber

[Catherine McKinnell]

The right hon. Gentleman is absolutely right. We are absolutely committed to consulting with a wide range of interests in order to get this legislation right, and I will certainly pass on his request to the Minister with responsibility for higher education, who leads on this work.

[Mary Kelly Foy (City of Durham) (Lab)]

Does my hon. Friend agree that the real threat to academic freedom are cuts to academic subjects and job insecurity, two issues that the Conservative party ignored time and again when in government?