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.