The Bench Report

Student Mental Health in England: Navigating Support & Duty of Care

• The Bench Report • Season 2 • Episode 16

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This episode explores the growing issue of student mental health in English universities. We look at how many students are affected, what factors contribute to poor mental health, and the debate around whether universities have a legal "duty of care" to their students. We discuss key court cases like Abrahart v University of Bristol and existing legal requirements like the Equality Act. We also cover government actions, university support services, and sector guidance aimed at improving student wellbeing and preventing tragedies.

Key Takeaways:

  • More students are reporting mental health issues, though surveys show even higher numbers.
  • Certain student groups face higher risks of mental health difficulties.
  • The legal question of a university's general duty of care to students is complex and hasn't been fully decided by the courts.
  • Universities do have legal duties under laws like the Equality Act 2010, requiring reasonable adjustments for disabled students.
  • Government and universities are working on initiatives, guidance, and funding to improve mental health support and suicide prevention.

Important Definitions and Concepts:

  • Duty of Care: A legal idea that someone has an obligation to take reasonable steps to avoid harming another person. Whether this fully applies to universities and their students is being debated.
  • Reasonable Adjustments: Changes universities must make for students with disabilities, including mental health conditions, so they aren't unfairly disadvantaged. This is required by the Equality Act.
  • Abrahart v University of Bristol: A court case that clarified universities' duties under the Equality Act for students with mental health conditions, but noted there wasn't a clear legal precedent for a general duty of care.

Discussion: Given the legal complexities and challenges universities face, how can they most effectively support students' mental health while respecting students' independence?

Source: Student mental health in England: Statistics, policy, and guidance
Research Briefing
Published Monday, 28 April, 2025

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Ivan:

Welcome to The Bench Report. You're listening to Amy and Ivan. It's exam season and all the stress that comes with it.

Amy:

And we're looking into how university students in England are doing with their mental health. We've gathered quite a bit of information showing how common these issues are becoming.

Ivan:

And also what universities are actually doing about it and this interesting question of whether they have a legal responsibility here.

Amy:

Exactly. That legal side is quite debated.

Ivan:

So let's start with how widespread these issues are. What do the numbers tell us?

Amy:

Well, the official university figures show quite a jump. If you look back at 2010-11, less than 1% of students disclosed a mental health condition.

Ivan:

Less than 1%.

Amy:

But fast forward to 2022-23, and that number is up to 5.8%. So a definite increase in what's being reported to universities.

Ivan:

Well, you mentioned other data.

Amy:

Yes, and this is where it gets quite striking. Confidential surveys paint a very different picture. Student Minds did one in And what did

Ivan:

that find?

Amy:

It found 57% of students self-reported having a mental health issue, and 27% said they actually had a diagnosis.

Ivan:

57%? Yeah. That's more than half. A huge difference from the official 5.8%.

Amy:

It really is. It suggests maybe that students are more willing to share anonymously than formally declare it to their university. Or perhaps the university figures only capture those needing formal support adjustments.

Ivan:

And what are the consequences when students are struggling like this?

Amy:

We see it impact their studies, certainly. Poor academic performance, sometimes dropping out altogether. And in the most tragic cases, self-harm and even suicide.

Ivan:

Are certain groups more affected? You mentioned some recent data.

Amy:

Yes, the 2023-24 data does show some patterns. Women report issues at more than double the rate of men, 7.2% versus 3.3%. Undergraduates seem more affected than postgraduates, full-time students more than part-time, and it seems to hit harder from the second year onwards.

Ivan:

And UCAS data backed that up?

Amy:

Broadly, yes. Their 2024 figures also flagged higher rates for women and, interestingly, students in their 20s.

Ivan:

Other surveys seem to echo this, too.

Amy:

They do. Sybil found 56% experienced difficulties in 2024. with higher rates among mixed ethnicity and LGBTQ plus students. And the Student Academic Experience Survey, also 2024, highlighted bisexual and lesbian students. And again, that big gap between female and male students.

Ivan:

So what are the underlying factors contributing to all this?

Amy:

It's a mix of things. For many, it's that big transition, leaving home, maybe for the first time, leaving established support networks.

Ivan:

That makes sense.

Amy:

Then you have the academic pressures, financial worries, which seem to be getting worse with the cost of living crisis. Several Surveys flagged that specifically.

Ivan:

Right. The cost of living is huge right now.

Amy:

Absolutely. And we can't forget the pandemic. NUS, ONS, student minds, they all found COVID had negative impacts, things like isolation, increased anxiety. It cast a long shadow.

Ivan:

Let's shift slightly to the very difficult topic of suicide rates. Yeah. What does the data show there?

Amy:

The rates have fluctuated. There was an increase up until the 2017-18 academic year,

Ivan:

but

Amy:

then they fell in the following two years, 2018-19 and 2019-20.

Ivan:

And how do they compare to, say, other young people?

Amy:

Importantly, the rate for students is lower than for the general population of similar age. In 2019-20, it was around 3.0 deaths per 100,000 students.

Ivan:

Lower. Okay. Are there demographic differences within the student population itself?

Amy:

Yes. Looking at the period 2017-18 to 2019-20, rates were higher for male students about 5.6 compared to 2.5 for females per 100,000.

Ivan:

So more than double for male students.

Amy:

Correct. And generally higher for older students, although there was also a higher rate noted for younger first-year students, which is concerning.

Ivan:

But the numbers are small overall.

Amy:

Exactly. The ONS always cautions that because the absolute numbers are relatively small, it's hard to detect statistically significant changes year on year. We need to be careful interpreting fluctuations.

Ivan:

And is there a clearly link between these tragic cases and known mental health issues? Could universities have known?

Amy:

That's incredibly difficult. A report back in 2017 looked into student suicides and found only about 12% were known to university counseling services beforehand.

Ivan:

Only 12%? That's quite low.

Amy:

It is. It highlights a real challenge in identifying and reaching students who might be at risk but aren't seeking help through official channels.

Ivan:

Which brings us squarely to that legal question.

Amy:

Yeah.

Ivan:

Do universities actually have a formal legal duty of care for student mental well-being?

Amy:

This is a really hot topic right now. And honestly, it's still quite ambiguous legally. The government itself admitted in March 2023 that it hasn't been widely tested in the courts.

Ivan:

There was that Bristol case, wasn't there? Eberhardt.

Amy:

That's the key one. Eberhardt v. University of Bristol. In the initial 2022 judgment, the judge explicitly stated there was no statute or precedent establishing a general duty of care on universities to prevent psychiatric injury. But

Ivan:

it went to appeal.

Amy:

It did in 2024. The appeal court upheld the finding of disability discrimination under the Equality Act, which is significant in itself. But crucially, it didn't make a definitive ruling on that broader common law duty of care question.

Ivan:

So still no firm answer there.

Amy:

Not on the general duty. No. Some in the legal and university sectors argue a duty could exist in specific situations depending on things like control, foreseeability, the relationship. But it's not automatic.

Ivan:

What's the government's latest thinking?

Amy:

Well, in January 2025, the government positions seemed to shift slightly. They said a duty of care may arise, but it would be for the courts to decide based on the specific facts of a case and common law principles.

Ivan:

So leaning more towards maybe than definitely not.

Amy:

Perhaps. It's definitely different from the previous government stance, but they stopped short of proposing a new statutory duty. There was a petition for that, but it was rejected in 2023.

Ivan:

Why was it rejected?

Amy:

The government argued a general duty already exists in common law where appropriate, and the university sector was largely against a new specific law too, perhaps worried about the implications.

Ivan:

So aside from this debated general duty, what laws do apply?

Amy:

Oh, universities absolutely have existing legal obligations, health and safety law, safeguarding duties, and critically, the Equality Act 2010. That requires them to make reasonable adjustments for students with disabilities, which includes many mental health conditions.

Ivan:

And reasonable adjustments can cover quite a lot.

Amy:

Yes. Things like adjustments to assessments, deadlines, maybe different accommodation. There was also another case, Federer McCamish in 2023, that established a duty to reasonably investigate allegations like sexual assault. So specific duties are definitely there.

Ivan:

Okay. So while the big duty of care question mark remains, universities and the government aren't just sitting back. What support is being put in place?

Amy:

The government's approach seems focused on funding initiatives, promoting best practices, setting up task forces. There's a task force specifically looking at identifying needs, finding common principles, developing sensitive data policies.

Ivan:

And reviewing suicides.

Amy:

Yes. A national review of HE suicides is underway. The Office for Students, the It's also active funding projects, providing guidance, supporting platforms like Student Space.

Ivan:

I've heard of Student Space.

Amy:

It's a dedicated resource hub. They're also really pushing the university mental health charter, trying to get universities signed up to a whole institution approach. About 90 percent of English students are now at universities participating in that.

Ivan:

And disabled students allowance.

Amy:

That's still there. Yes. DSA helps cover extra costs students face due to a disability, mental health condition or learning difficulty.

Ivan:

And what are universities doing on the ground?

Amy:

Most offer a range of services, well-being teams, counseling, disability support. Many also now have specific suicide prevention strategies.

Ivan:

Are there guidelines for them?

Amy:

Yes. Sector bodies like Universities UK have developed guidance. They work with PAPE-RS on a suicide safer universities framework that covers things like postvention support after a suicide and sharing information with trusted contacts, with student consent, of course.

Ivan:

And support for students on placements too.

Amy:

Yes, that's included. UK also has its step change framework for that whole university approach we mentioned and Student Minds developed a mental health charter itself. There's also a specific disabled students commitment.

Ivan:

It sounds like there are lots of frameworks and initiatives. What about student led efforts?

Amy:

They're crucial. Groups like Nightline provide confidential listening services run by students for students. Student Minds has campus groups and Students Against Depression offers resources too. Peer support is really One

Ivan:

last point, transparency. There were calls for universities to publish their own suicide stats, weren't there?

Amy:

Yes, but UUK pushed back, arguing that official statistics are already compiled by the ONS using coroner's reports, which are public record, and that university-level data could be misleading or distressing without proper context.

Ivan:

And the government?

Amy:

The government has said it has no plans to legislate to force universities to publish these numbers individually.

Ivan:

So wrapping this up, it feels like student mental health is clearly a major issue, with reported cases rising, even if the overall picture is complex.

Amy:

Definitely. Universities are certainly grappling with the scale of the need and their precise responsibilities, especially the legal ones.

Ivan:

But there's a lot happening. Government funding, sector guidance, university services, student initiatives, all trying to improve support.

Amy:

Exactly. It's a developing landscape, legally and practically, understanding all all these different facets is key.

Ivan:

As always, find us on social media at Bench Report UK. Remember, politics is everyone's business. Take care.

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