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Petitions to Parliament · 2019 to 2024 Parliament (archived)

Create statutory legal duty of care for students in Higher Education

The Parliament petitions site records 128,292 signatures for this petition, which closed on 19 March 2023. The Government responded on 20 January 2023. MPs debated it in Westminster Hall on 5 June 2023.

Signatures
128,292
final count
Government response
20 January 2023
Department for Education
Debated
5 June 2023
Westminster Hall

The petition

The petition's creator is not named in the Petitions site's published record. Quoted in full from the UK Parliament petitions site.

Create statutory legal duty of care for students in Higher Education

No general statutory duty of care exists in HE. Yet, a duty of care is owed to students, and the Government should legislate for this. HE providers should know what their duty is. Students must know what they can expect. Parents expect their children to be safe at university.

The mental health, safety and well-being of HE students should be a Government priority. Student engagement, retention and success should be another. Both are indisputably linked to the duty of care students receive.

A duty of care already exists for staff, and for students under the age of 18 in HE. There should be parity in duty of care for all members of the HE community.

This is not a petition for ‘in loco parentis’ or for duplication of the NHS. We only seek parity and legislative clarity on duty of care for all students.

The Government's response

The Government published its response on 20 January 2023; the petitions site lists the Department for Education as responsible. Its summary:

Higher Education providers already have a general duty of care not to cause harm to their students through their own actions.

The response in full:

Higher Education providers do have a general duty of care to deliver educational and pastoral services to the standard of an ordinarily competent institution and, in carrying out these services, they are expected to act reasonably to protect the health, safety and welfare of their students. This can be summed up as providers owing a duty of care to not cause harm to their students through the university’s own actions.

Over the last decade, higher education providers have devoted considerable resources to their student support services, and a good deal of support is now widely provided to students who struggle with their mental health. However, tragically suicides do still occur in higher education, and investigations into the circumstances of such deaths have sometimes shown the support offered by the university was not all it might have been. We have encouraged universities to learn from such cases and redouble their prevention efforts. Former Higher Education Minister Donelan wrote to vice chancellors specifically on this subject in both July 2021 and December 2021.

We acknowledge the profound and lasting impact a young person’s suicide has upon their family and friends, and know among the petitioners there are those who have personal experience of these devastating, tragic events. While press narratives often suggest students are an at-risk population, ONS data May 2022 (https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/deaths/articles/estimatingsuicideamonghighereducationstudentsenglandandwalesexperimentalstatistics/2017to2020) shows a significantly lower suicide rate in HE students compared with the wider population (including students) of similar age. This is supported by Figure 6 from the linked ONS publication, and the third bullet point at the top of the page. We, therefore, feel further legislation to create a statutory duty of care, where such a duty already exists, would be a disproportionate response.

Department for Education

Where the signatures came from

Signatures came from 650 constituencies on the boundaries used until the 2024 general election. The largest number, 1,970, came from Westmorland and Lonsdale.

126,936 of the signatures were from the UK and 1,356 from elsewhere, by the location signers gave.

Ten constituencies with the most signatures (2010 Westminster constituencies (used until the 2024 general election)).
ConstituencySignatures
Westmorland and Lonsdale1,970
Carlisle1,323
Penrith and The Border1,288
Barrow and Furness1,022
Workington1,018
Rushcliffe955
Copeland935
Tunbridge Wells818
Maidstone and The Weald770
Morecambe and Lunesdale645
Signatures by region and nation, as published by the Petitions site.
RegionSignatures
South East23,636
North West23,325
London12,917
South West12,269
East of England11,302
Yorkshire and The Humber9,453
East Midlands8,955
West Midlands8,566
Scotland5,516
North East5,501
Wales3,531
Northern Ireland932

Debate in Parliament

MPs debated the petition in Westminster Hall on 5 June 2023. Read the debate in Hansard. House of Commons Library debate pack.

Source and receipt

The petition's words are its creator's and the response is the Government's; this site quotes both and gives no view on either. Signature counts can still change while a petition is open. To report an error, send a correction request.