Universities: Statutory Duty of Care

Debate between Phil Brickell and Josh MacAlister

Tuesday 13th January 2026 Westminster Hall

[Josh MacAlister]

I thank my hon. Friend for highlighting that. I welcome his intervention, given that he has not had a chance to mention Kieran’s story and Manjo’s experience as his mum in a speech.

We want to move fast, which is why we published updated terms of reference for the taskforce just last month. They set out the priorities for the taskforce for the next phase of work, which includes exploring the most effective mechanisms for holding the sector to account. We have also recently appointed Professor Sir Steve West as the new higher education student support champion, to maintain momentum on these matters. Sir Steve will steer the taskforce through the next phase of work.

Although universities play an important role in creating supportive environments, they are not, and should not become, substitute mental health services. Mental health care rightly sits with the NHS. The Government recognise that and the pressures on services, which is why we are recruiting 8,500 additional NHS mental health staff by the end of this Parliament.

As my hon. Friend the Member for Bournemouth East highlighted, many universities are already delivering to bridge the gap, providing counselling, wellbeing services and crisis support, while working closely with local health partners to ensure that students get the right care. The taskforce will shortly publish a report showcasing five successful higher education and NHS partnerships. Those examples will demonstrate how greater collaboration can transform support for students while helping to drive efficiencies across health services. I urge universities that are not already part of such partnerships to study those models and explore how they can forge an approach that works for their local context. To stress it again: the taskforce is looking at how to better hold institutions to account and will make recommendations accordingly.

[Phil Brickell]

Can the Minister confirm that the taskforce will look at the effectiveness of the OfS as the regulator for the sector in driving better student outcomes and preventing student harm?

[Josh MacAlister]

The taskforce’s job is to look at the whole system that sits around universities, and the OfS is a crucial part of that, so it will be in scope of that work.

Let me turn to the question of a statutory duty of care. As has been highlighted in this debate, higher education providers have a general duty of care to deliver educational and pastoral services to the standard of an ordinary competent institution. In carrying out those duties, they are expected to act reasonably. In addition to general and common-law duties, universities also have explicit statutory obligations. For instance, under the Equality Act, they must make reasonable adjustments for disabled students, which includes those with qualifying mental health conditions. Providers should plan ahead to remove barriers and act promptly when there are signs of mental health deterioration.

Equality and Human Rights Commission guidance makes clear what good practice looks like. Student-facing staff should be trained to recognise signs of mental health crisis or deterioration and should know what steps to take, including helping the student to access support. Where a severe or urgent condition is apparent, reasonable adjustments should be made without waiting for a formal diagnosis or medical evidence. If a student has no diagnosis but staff are concerned, for example because of disengagement, missed deadlines or marked changes in behaviour, staff should consider whether the Equality Act criteria may be met and whether adjustments are appropriate.

We also need to be clear about what introducing a statutory duty would mean in practice. It is not just a question of drafting; it would require defining a minimum legal standard for universities, which risks becoming a ceiling rather than a floor. I draw Members’ attention to some of the evidence provided in the 2023 Petitions Committee hearing on a statutory duty of care, at which a number of stakeholders expressed a range of concerns and scepticism about the unintended effects of a statutory duty of care. A ceiling rather than a floor could drive providers towards defensive compliance and litigation, instead of focusing on what really matters: spotting problems early, making timely adjustments and learning from serious incidents. When we talk about the risk of unintended consequences, this is what we mean: confusion about boundaries, reduced ambition and the risk of resources being diverted from proactive support.

Almost all students are adults. Introducing a special statutory duty for them could be disproportionate, when the evidence shows that students in higher education have a lower suicide rate than others of the same age in the general population. That is not to minimise the problem at universities, which I recognise, but to highlight the need for a proportionate response that strikes the right balance.

We will continue to monitor the evidence, listen deeply to bereaved families and hold providers to account. Right now, the fastest and most effective route to support safer campuses is for universities to embed the recommendations from the national review and best practice identified through the taskforce’s outputs, to strengthen their partnerships with local health services and to ensure full compliance with duties that already exist. Together, I believe we can ensure that higher education remains a place of opportunity, enrichment and safety for every student. I know that those views are wholly shared by my noble Friend Baroness Smith, the Minister for Skills.