Higher Education Students: Statutory Duty of Care

Mary Kelly Foy Excerpts

Monday 5th June 2023 Westminster Hall

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

I thank the hon. Member for Don Valley (Nick Fletcher) for leading the debate. I thank the 25 families behind the petition, which has well over 100,000 signatures, and express my sincere condolences to all of them. I extend my condolences to Lee, Hilary, Mark and Ben and thank them for their appearance before the Petitions Committee last month.

University should be an exciting, life-changing experience for young people and their families; it should not be life-ending. No parent should ever be told that their child has taken their own life—not ever. The fact that over 100 students take their life each year reflects that something is seriously wrong with the current system. I must say that the Government’s response to the petition has been quite insensitive. How can a Government say to families who have lost their child that it would be disproportionate to implement a statutory duty of care. Disproportionate to whom? One hundred students are taking their own life every year. If there had been a statutory duty of care, they might be here today.

What we have now is a general duty of care, but let us be frank: a general duty of care just does not work. If it did, we would not be here debating the petition. Last year, a senior judge ruled that no relevant common law duty of care existed in a case from a bereaved family against a university. We could say that a general duty of care does not even exist, and that needs to change. The petition that we are debating is the right response: it is fair, just and reasonable, and it has my support. A general duty of care is too vague and does not provide clarity or consistency. A statutory duty of care would change that and give students and their parents peace of mind that they were protected.

The Minister said that legislation might have unintended consequences at this time. What does he think those will be? While he is here, I want to put on the record the wider mental health crisis among students. As we have heard, the NUS has found that a third of students feel that the cost of living crisis is having a major impact on their mental health. There has been a mental health crisis at universities for over a decade now. To make matters worse, those in crisis have to wait ridiculous lengths of time to see a professional. I say to the Minister: please do the right thing—ignore the advice of your Department and implement the measure in this petition. It is sensible, justifiable and it will save lives. We owe that to those who have lost their lives.