Legal Aspects of mental health and wellbeing, Sian Jones, Evershed LLP

Legal Aspects of Student Mental Health and Wellbeing

Key legal duties and some practical implications for institutions

Siân Jones-Davies, Senior AssociateEversheds LLPsianjones-davies@eversheds.com

13 February 2015

An evolving area of law

• Largely untested in the Courts• Impact of governmental policy and increasing student

expectations• But certain fundamental (and potentially complex) legal

principles can be stated (see next slide)• To be borne in mind throughout the student/institution

relationship – from enquiry/admission to graduation (and beyond?)

and– across the student experience (eg tuition, research,

assessment, support, accommodation)

The legal framework• The student contract (students as consumers, principles of

fairness and reasonableness)

• Duty of care (negligence)

• Statutory obligations:– Equality Act 2010 (esp disability and reasonable

adjustments)– Human Rights Act 1998 (esp Article 8 right to respect for

private and family life)– Health and Safety at Work Act 1974– Data Protection Act 1998 (and common law confidentiality)

• Natural justice (fairness)

Some of the risks of ignoring mental health problems

• Poor academic performance/academic failure • Non-completion/drop out• Inferior student experience • Harm to self or others• Suicide • Disruption, effect on morale, challenge

(complaints and court claims), expenditure of time and costs, police investigation, HSE investigation, criminal prosecution, coroner’s inquest, media interest, reputational damage

Some legal and practical issues

• Spectrum of mental health problems (not always a disability under the Equality Act 2010)

• Encouraging disclosures and being “on notice”

• Duty to do what eg:

– identify?

– diagnose?

– not make the student experience too stressful?

• Internal and external referrals: importance of published protocols and readily available and up-to-date contacts

Some more legal and practical issues

• Particular student areas:– the interplay between student mental health

and fitness to practise– students on placement, overseas study and

distance-learning– voluntary interruption of studies– unilateral suspension/expulsion– return to study

A key area of student management

• Providing a clear and accurate impression of life at the institution

• To be managed supportively and fairly but robustly

• Staff awareness and training embedded across the institution

• In the interests of student, institution and the wider institution community as a whole

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