In 2018, Student Minds revealed in a report written by Dr. Nicola Byrom of King’s College London, that duty of care was not ‘understood’ in universities, causing staff stress and leaving students at risk. Since then, between 400 and 500 students have died by suicide. Annually, 3.2% of students attempt suicide, 6.1% plan suicide and 25% of students have suicidal ideation. Dr. Byrom recommended a sector debate on duty of care and The LEARN Network, on a mission to prevent future deaths, has petitioned hard to make this happen.
Lee Fryatt, a member of The LEARN Network and author of the petition, lost his son Daniel to suicide, which he believes could have been prevented had there been a proper understanding of duty of care and a commitment to do the right thing.
He explains: “Where universities have some measure of control (for example, dismissal, fitness to study, extenuating circumstances and failed exams) they must take reasonable steps to protect the student. Consideration of the impact on the mental health of the student should be at the core of all decision-making and so should a legal duty of care”.
The LEARN Network is promoting recognition of the special relationship that universities have with their students. The Network feels that universities should be a stepping-stone to adulthood and a path to success. But for too many, it’s a stone from which they will fall. There is a mental health crisis in our youth and they believe it is totally foreseeable that action (or inaction) that affects the student journey could have consequences for student mental health, whether a student is in crisis or not. They believe that universities must do more to support students in overcoming both academic and non-academic challenges that prevent them from progressing and successfully completing their education.
The Government responded to the petition when it reached 10,000 signatures, stating that HE ‘providers already have a general duty of care not to cause harm to their students’. The LEARN Network challenged that response citing Abrahart vs The University of Bristol (2022) where the judge stated ‘There is no statute or precedent which establishes the existence of such a duty of care owed by a university to a student’. The LEARN Network now wants the Government to acknowledge the confusing mistake in its response to the petition and ‘do the right thing’ by holding this much-needed debate. They believe that this will give voice to their supporters by highlighting what needs to change, and establishing a legal duty of care standard.
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