Beyond the Policy: Rethinking Duty of Care in Higher Education to Protect Student Lives

First published on LinkedIn, 12 February 2025. Reproduced by ForThe100 with the author’s permission.

Author:  Annelli Peavot
Head of Safeguarding and Liaison
Canterbury Christchurch University

How to learn from cases of student death by suicide | Wonkhe

With the Department for Education’s Higher Education Mental Health Implementation Taskforce set to release its “second stage report” in November, now is a crucial moment to reflect on the implications of such non-statutory initiatives. While this report will bring valuable insights to universities, it also raises pressing questions about the core issues that remain unaddressed—namely, accountability, clarity, and the duty of care in student safeguarding.

As demonstrated in the fictional but realistic case of Oliver Blenkinsop, the complexities of duty of care in higher education go beyond mental health. His story, which draws on real events, shines a spotlight on institutional gaps that left him vulnerable. This case exemplifies how universities, by not responding proactively to potential crises, can unintentionally place students at significant risk

The Implications of Limited Accountability for Universities

Higher education institutions are tasked with providing a safe environment for students—a responsibility that is not yet legally defined as a duty of care. The absence of a statutory duty leaves universities vulnerable to adopting policies that prioritize institutional protocols over individual welfare.

The example of Oliver highlights how administrative procedures, while essential for safeguarding privacy, can inadvertently hinder quick and appropriate intervention. In this case, university staff hesitated to enter his room because of privacy policies and procedural constraints, resulting in delays that compounded the crisis. For universities, this gap in a legal framework makes it too easy for institutions to overlook the consequences of inaction.

What Universities Should Consider from a Safeguarding and Wellbeing Perspective

1. Implementing Crisis Response Training for All Staff

   Universities must prioritise crisis response training for all staff members—especially those in accommodation and student services. This includes clear procedures for handling scenarios where student welfare may be at risk. Developing a robust crisis protocol that empowers staff to act without fear of breaching privacy policies is essential for saving lives.

2. Balancing Privacy with Proactive Intervention

   A re-evaluation of privacy policies is necessary to balance student privacy with emergency intervention capabilities. Universities should have frameworks that allow for urgent intervention based on clear indicators of risk, particularly when raised by peers or concerned staff. By creating these structured responses, universities can ensure that privacy concerns do not obstruct student welfare. See my ealier post:

   https://www.linkedin.com/feed/update/urn:li:activity:7294678605693898752/

3. Comprehensive Wellbeing and Safeguarding Policies Beyond Mental Health

   While mental health support is crucial, universities must adopt a more holistic approach that considers the broader spectrum of student wellbeing, including physical safety and social vulnerabilities. Universities should provide systems that integrate academic, social, and health-related support for students, ensuring all aspects of student life are safeguarded.

4. Learning from Historical Cases

   Current national reviews of higher education suicides are focused on contemporary cases, but reviewing historical cases can yield invaluable insights. Learning from past instances enables universities to develop proactive measures that prevent repeated tragedies. Scenario analysis, using case-based reflections, could be a vital tool in safeguarding students in future.

The Call for Legal Reform and Ministerial Engagement

For universities to enact true systemic change, there must be legal accountability. A statutory duty of care could motivate universities to develop clear frameworks that protect students proactively, with real consequences for failing to uphold these responsibilities. Without legal reform, universities may continue to adopt minimum standards that do not adequately address students’ immediate needs

Additionally, the voices of bereaved families, who offer first hand insights into systemic failures, should be included in shaping these policies. Establishing formal forums where students, bereaved families, institutions, and government officials can discuss the gaps in duty of care is essential for meaningful progress.

Looking Forward: Creating a Culture of Care in Higher Education

While the Taskforce’s report provides important recommendations, universities must move beyond compliance to develop a culture that genuinely prioritises student welfare. Legal reform, comprehensive training, balanced policies, and proactive measures are the foundation of an environment where students like Oliver are seen, heard, and protected.

As we await the next steps from the government, it is critical for higher education institutions to reflect on what more can be done now to protect the students entrusted to them. In the words of many advocates for reform, this work cannot wait. Lives depend on it.