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Legal Aspects of Student Mental Health and Wellbeing
Key legal duties and some practical implications for institutions
Siân Jones-Davies, Senior AssociateEversheds [email protected]
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
© EVERSHEDS LLP 2015. Eversheds LLP is a limited liability partnership.