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Higher Education: Liability

Asked by Helen GrantConservativeDepartment for EducationTabled Answered 13 February 2026UIN 109991

The question

To ask the Secretary of State for Education, whether she intends to publish statutory guidance or a code of practice setting out the duty of care owed by higher education providers to their students.

Answered by Josh MacAlister

Universities are already required to comply with their duties under the common law and legislation such as the Equality Act 2010, which includes an anticipatory duty to make reasonable adjustments for disabled students, including those with mental health conditions which meet the definition set out within the Equality Act. The government has no plans to publish statutory guidance or a code of practice on a duty of care owed by higher education providers to their students.

Our focus is on ensuring that providers adopt consistent, evidence‑based approaches to student safety and wellbeing by embedding the recommendations of the national review of higher education student suicide deaths and other best practice identified through the Higher Education Mental Health Implementation Taskforce’s wider outputs and sector-led guidance.

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