How Far Should the Duty of Care Extend?
Whenever a tragedy occurs, one of the questions often asked is: ‘could we have done more?’
Maybe if things happened differently, the tragedy could have been mitigated or avoided altogether.
This is a different question to: ‘should we have done more?’
‘Should’ implies a legal duty that is backed up with the force of law. Failing that duty invokes sanctions whether they are legal or illegal.
It is up to legislators to decide when ‘could’ ought to become ‘should’.
New evidence obtained by the BBC suggests that the Greek coastguard knew that a ship carrying migrants was in trouble hours before it capsized.
Could Greece have done more? Almost certainly, yes.
Should Greece have done more? The UN has called for an investigation based on the information available.
Closer to home, a group of parents whose children died by suicide while studying at university are advocating for a change in the law.
They want universities to have a legal duty in the same way that employers have a duty to protect their employees.
Phoebe Grime died in 2021 and her mother spoke to Sky News to describe how she feels Newcastle University failed her daughter:
“She did have a suicide plan…in October 2020 which was six or seven months before she died, and she told the university about her suicide plan, and they didn't contact me, so I didn't know anything about that.
“I think the hardest thing is, 20 hours before Phoebe took her life, she saw the Newcastle University counsellor…Phoebe said she wished the pain to end and put her hand on her heart.”
At this point it is also important to give Newcastle’s side of the story:
“Phoebe is remembered fondly as a talented and popular student. In her 18 months here, our dedicated wellbeing team provided her with ongoing support and counselling.
“The coroner in Phoebe's inquest could not identify any point where things could have been done differently by the university or by her private counsellor.
“Nonetheless, we continuously seek to improve support services and work with key partners to help any student struggling with their mental health.”
If the law had been different, would Phoebe have been alive today?
That is certainly possible but it is no guarantee.
Before the law is changed, it is important to consider not only those who would be protected but also the burden placed on those who would bear the duty.
Universities are certainly powerful and respected institutions but they are also attended by a great number of young adults who each have their own unique needs. While they can offer useful mental health services, the prospect of providing comprehensive mental health support to all students would be difficult, if not impossible.
We can be sympathetic to the families of suicide victims without saying that there needs to be a legal duty placed on universities. If more could have been done to help Phoebe then lessons need to be learned by staff but ultimately this is a health issue and focus should be on the funding and provision of mental health services across the UK.
This week on the podcast an appellant asked the Supreme Court to overturn an earlier judgment from the top court in the land.
Episode link: https://uklawweekly.com/2023-uksc-19/
Make a difference today,
Marcus