Universities: Statutory Duty of Care
Debate between Christopher Chope and James Naish(2 days, 23 hours ago)
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James Naish
My hon. Friend is right. What I am alluding to is the level of greyness that means that we see people falling through the gaps. Our responsibility in the House is to understand whether those gaps should continue to exist, for valid reasons, or whether a change in the law is required to ensure clarity for universities, parents and students.
I hope that in his response the Minister will address several questions. First, do the Government agree that the current legal position leaves duties unclear until after harm has potentially occurred? Secondly, do the Government accept that reliance on evolving common law places an unreasonable burden on impacted individuals to clarify law through litigation? Thirdly, what assessment has been made of the case for statutory clarity, particularly given the calls from organisations such as the British Medical Association for stronger protections for students?
Finally, if the Government do not believe that a statutory duty is the right approach, how do they propose to deliver the clarity, consistency and accountability that students and universities both currently lack, given the mental health taskforce’s stated aim in December 2025 to
“fill gaps in areas where more consistency is needed”?
Surely there is no better way to ensure the consistent implementation of proactive measures than by ensuring a solid legal basis for that obligation.
This debate goes to the heart of how we balance autonomy with responsibility and independence with protection in one of the most important sectors of our national life. Provision for students has improved, but in reality the consistency of support and legal understanding remain poor, despite words to the contrary. It is down to this House, and this House alone, to determine what more could and should be done. I look forward to colleagues’ contributions and to the Minister’s response.
