Question to the Department for Education:

To ask the Secretary of State for Education, if her Department will make an assessment of the potential merits of implementing a duty of care on universities in relation to extra-curricular activities carried out by affiliated student groups.

The department’s position is that a duty of care in higher education (HE) may arise in certain circumstances. Such circumstances would be a matter for the courts to decide, based on the specific facts and context of the case being considered and will be dependent on the courts’ application of accepted common law principles.

The department would expect HE providers and their affiliated student groups to comply with relevant existing legislation and any other guidance. For example, that published by the provider and/or the National Union of Students on matters such as health and safety.