Up for debate: The case for a Statutory Duty of Care at University

The tragic case of Nataha Abrahart, a physics student as the University of Bristol who took her own life in 2018, remains the catalyst for debate about reform in the UK Higher Education sector; a debate which took place in Parliament on 13^th January 2026.

The tragic case highlights a duty gap in Higher Education[1] as the University concerned was found liable for discrimination, but it was held that the University did not have a general common law duty of care. The case underscores the need for a statutory duty to create a consistent, proactive legal obligation to protect student welfare. A clear statutory duty would establish a ‘floor’ of responsibility, requiring institutions to act with reasonable care and skill when harm is foreseeable and the student's vulnerability is evident.

The current legal landscape is fragmented, relying on a confusing mixture of health and safety law, equality legislation and contract law that often leaves students vulnerable. Reform in this area would bring clarity and accountability to the sector.

Currently universities often operate under different approaches to student welfare, leading to inconsistent support services that can fail students in crisis. By defining explicit expectations, a statutory duty would provide a shared, sector-wide benchmark, helping institutions focus limited resources on interventions that make the most significant legal and practical difference.

Importantly, establishing this duty is not about forcing universities into a restrictive in loco parentis role or requiring them to assume clinical responsibilities. Instead, it aims to foster a culture of transparency and prevention.

It would empower pastoral teams by clarifying standards of information sharing and serious incident reporting; ensuring that families are involved, when necessary, without fear of breaching data protection rules. By making safety a default condition, the government can ensure that every student in the UK, no matter where they study, is entitled to a consistent and legally protected level of care.