Common Law Duty of Care in HE
Dear University of Nottingham,
"Universities have a general duty of care to their students - not to cause harm by careless acts or omissions – commensurate with their role and capabilities as settings for adult education" (Universities UK, 2023).
Please supply any internal or external university documentation that explains the nature and extent of this Common Law duty of care, placed on every member of staff, and owed to each enrolled student.
Yours faithfully,
Gillian Green
Information request
Our reference: 1989206
══════════════════════════════════════════════════════════════════════════
Dear Ms Green
Freedom of Information Act 2000
Thank you for your request for information that was received on 24 July
2023.
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 21 August 2023.
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Yours sincerely
Catherine Allin
Information Compliance and Quality Officer
Information Compliance and Security
Web: [1]www.nottingham.ac.uk/data-protection
Email: [2][email address]
NOTE: Please do not edit the subject line when replying to this email.
Nottingham University
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Nottingham University.
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have been taken to ensure that no viruses are present. Nottingham
University cannot accept responsibility for any loss or damage arising
from the use of this email or attachments.
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error, please contact the sender and delete the email and attachment. Any
views or opinions expressed by the author of this email do not necessarily
reflect the views of the University of Nottingham. Email communications
with the University of Nottingham may be monitored where permitted by law.
References
Visible links
1. http://www.nottingham.ac.uk/data-protect...
2. mailto:[email address]
Information request
Our reference: 1989206
══════════════════════════════════════════════════════════════════════════
Dear Ms Green
Thank you for your request for information received on 24 July 2023.
Please find attached our response to your request.
Yours sincerely
Catherine Allin
Information Compliance and Quality Officer
Information Compliance and Security
Web: [1]www.nottingham.ac.uk/data-protection
Email: [2][email address]
NOTE: Please do not edit the subject line when replying to this email.
Nottingham University
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Nottingham University.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Nottingham
University cannot accept responsibility for any loss or damage arising
from the use of this email or attachments.
This message and any attachment are intended solely for the addressee and
may contain confidential information. If you have received this message in
error, please contact the sender and delete the email and attachment. Any
views or opinions expressed by the author of this email do not necessarily
reflect the views of the University of Nottingham. Email communications
with the University of Nottingham may be monitored where permitted by law.
References
Visible links
1. http://www.nottingham.ac.uk/data-protect...
2. mailto:[email address]
Dear Nottingham University,
I'm sorry but I can't open your response! Could you check if the fault is at your end or mine?
Yours sincerely,
Gillian Green
You are the second person to advise me of this this morning for WDTK
requests- I have re-attached another copy, please do let me know if this
doesn't work!
Kindest regards,
Catherine Allin
Information Compliance & Quality Officer,
Information Compliance & Security.
══════════════════════════════════════════════════════════════════════════
From: [FOI #1007503 email]
Sent: 18/08/2023 11:16
To: [email address]
Subject: Re: Information request (ref: 1989206)
(Attachments:) Email (original message) from
[FOI #1007503 email] received on 18/08/2023.eml,
Email from [FOI #1007503 email] - Re: Information
request .txt
Nottingham University
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Nottingham University.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Nottingham
University cannot accept responsibility for any loss or damage arising
from the use of this email or attachments.
This message and any attachment are intended solely for the addressee and
may contain confidential information. If you have received this message in
error, please contact the sender and delete the email and attachment. Any
views or opinions expressed by the author of this email do not necessarily
reflect the views of the University of Nottingham. Email communications
with the University of Nottingham may be monitored where permitted by law.
Dear Nottingham University,
I opened the document with no problems that time.
I'll consider the response and get back to you
Yours sincerely,
Gillian Green
Dear Nottingham University,
Could you confirm that you do not have any guidance specifically and solely on the common law duty of care owed to students?
Do you have any documentation relating to the common law duty of care owed to enrolled students by staff including but not exclusive to:
Examination processes
Dismissal mechanisms
Complaint procedures
Hall wardens and/or security provisions
Personal tutor support
Disability services
Wellbeing and counselling
Financial support advice
Sexual misconduct?
Yours sincerely,
Gillian Green
Dear Nottingham University,
I understand that I only recently sent you a clarifying question, but I've been prompted by the FOI site to
remind you to please respond to my question relating to Common Law Duty of Care in HE.
I understand completely if your reply will take longer.
Yours sincerely,
Gillian Green
Dear Requester,
To ensure our previous responses have been received I have copied the
response into the body of the email below. We now consider the request as
closed.
Kind Regards
Ms Gillian Green
Information Compliance and Security Team
B16 Lenton Hurst
University of Nottingham
University Park
Nottingham
NG7 2RD
18 August 2023
Reference: 1989206
Dear Ms Green
Freedom of Information Act 2000
I can confirm that the information requested is held by University of
Nottingham. I have
enclosed copies of the information that is being released to you.
"Universities have a general duty of care to their students - not to cause
harm by
careless acts or omissions - commensurate with their role and capabilities
as settings
for adult education" (Universities UK, 2023).
Please supply any internal or external university documentation that
explains the nature
and extent of this Common Law duty of care, placed on every member of
staff, and
owed to each enrolled student.
The University of Nottingham has a vast range of services to support
Student welfare,
health and wellbeing throughout the duration of their studies, and there
are certainly
more than can be addressed within the 18-hour time limit afforded to FOI
responses,
however, we have focussed on Core Provisions and hope that this
information is of
interest to you.
Students can seek advice about any issue affecting their study, overall
wellbeing or
University experience by contacting the Support and Wellbeing Service, who
will triage
them to the appropriate support mechanism.
Each student is allocated a personal Tutor whom they will have regular
informal
meetings with, discussing not only Academic Welfare, but any other issues
they wish to
raise. Tutors will guide students to the appropriate channels if required
and support
them with any processes if appropriate.
Our Report+Support System allows Students to report an incident or
incidents
anonymously or request to speak to an advisor. Report=Support users can
access
advice and support for themselves or on behalf of someone else. Users are
signposted
to the appropriate information on internal and external support, policies,
guidance and
campaigns, and are given support on how they wish to proceed with the
issue.
The University of Nottingham Health Service operates from a purpose-built
on campus
facility offering Medical and dental care to students and offers weekend
and evening
appointments to ensure a flexible approach is taken to Student's needs.
The University has a dedicated team of qualified Sexual Violence Liaison
Officers
(SVLO's) to support students who have experienced sexual harassment and or
violence either recently or in the past.
We take student mental health extremely seriously and invest more than £1
million
every year in support services. This covers the expertise, training and
resources for us
to take a comprehensive approach across the university with both proactive
and
reactive interventions. Each year we host a University Mental Health Day
which brings
together the university community to make mental health a university-wide
priority, and
to create ongoing year-round change to the future of student mental
health.
In the last year we have increased capacity in our Mental Health Advisory
Service, a
team of specialist practitioners, who work with those at greatest risk of
significant
mental ill health. Our Mental Health Advisory Service supports more than
1,000 of our
students each year.
Our early intervention Support and Wellbeing team, who are aligned to our
schools and
provide support to students alongside their education, saw over 4,000
students in the
2021/22 academic year. Students can book up to 300 short virtual or in
person
appointments a week to speak about a problem and to receive advice and
support on
accessing other services including our Counselling Service.
The Counselling was expanded during the 2021/22 academic year and provided
support to more than 2300 students through a combination of one-to-one
support,
groups and workshops.
During the autumn term of 2021 we implemented the Student Engagement
Dashboard
across the university.
The Dashboard is a welfare tool which tracks use of digital learning tools
and in-person
teaching attendance to help staff identify students who may require
additional welfare
or academic support.
Our security colleagues, all of whom are trained in Mental Health First
Aid, and our
Residential Experience team - who also receive training in Mental Health
support - in
our Halls of Residences are on hand to offer out-of-hours emergency
support to
students who are in distress or needing advice.
Additionally, our students can now access 24/7 clinical expertise and
trained
practitioners who can help with a range of mental health issues including
anxiety and
depression through the online platform Togetherall.
The Students' Union continue to provide support through their advice
services, peer
support campaigns - including their Reach Out and Check In campaign - and
Nightline
service, with the latter offering peer support from 7pm to 8am. And we
continue to
develop self-help resources and health improvement information and
activities via our
Healthy U campaign and mental health-boosting fitness activities with our
colleagues in
Sport.
KEY INITIATIVES TO SUPPORT STUDENTS
* Mental Health Advisory Service: a specialist, referral only service for
students
experiencing significant mental health difficulties.
* Counselling service: Our professional counsellors provide free and
confidential
psychological support for all for any personal, emotional or mental health
problems students experience. As well as individual and group counselling
sessions, our counselling service runs a variety of group workshops and
provides useful self-help resources.
* Student Engagement Dashboard: The Dashboard is a welfare tool which
tracks
use of digital learning tools and in-person teaching attendance to help
staff
identify students who may require additional welfare or academic support.
* Togetherall: Our students can now access 24/7 clinical expertise and
trained
practitioners who can help with a range of mental health issues including
anxiety
and depression through the online platform Togetherall.
* Reach Out and Check In:The Students' Union continue to provide support
through their advice services, peer support campaigns - including their
Reach
Out and Check In campaign - and Nightline service, with the latter
offering peer
support from 7pm to 8am.
* Healthy U: We continue to develop self-help resources and health
improvement
information and activities via our Healthy U campaign and mental
health boosting fitness activities with our colleagues in Sport.
* Students can register for a UoN Condom card to access free condoms
during
the duration of their time at UoN. The condoms are delivered discreetly
packaged to the student's home address.
* The Cascade funding programme offers up to £10,000 in funding for
projects
that benefit the student experience. The programme uses donations from
alumni
and friends of the University, and has gifted over £1 million to more than
120
projects since 2007. Previous funding has supported student-led
initiatives such
as Community First Responders, Liter of Light, Global Buddy Scheme and
Foodprint. Of special interest to the programme are projects that:
o Connect campuses and communities
o Encourage creativity and innovation
o Enhance teaching and learning experiences
o Promote environmental sustainability
o Advocate for global citizenship
o Promote healthy bodies and healthy minds
We also have a vast amount of information available on our Website, not
limited to the
following;
https://www.nottingham.ac.uk/studentserv... service.aspx
[1]https://www.nottingham.ac.uk/studentserv...
[2]https://www.nottingham.ac.uk/studentserv...
https://www.nottingham.ac.uk/studentserv... life.aspx
[3]https://www.nottingham.ac.uk/currentstud...
[4]https://www.nottingham.ac.uk/studentserv...
[5]https://www.nottingham.ac.uk/studentserv...
[6]https://www.nottingham.ac.uk/currentstud...
https://www.nottingham.ac.uk/currentstud... service/sexual-violence-liaison-service.aspx
These links will also take you to the internal literature that circulated
for specific issues
provided to both staff and students.
Please quote the reference number 1989206 in any future communications.
If you are dissatisfied with the handling of your request, you have the
right to ask for an
internal review. Internal review requests should be submitted within 40
working days of
the date of receipt of the response to your original letter and should be
addressed to:
Please contact [email address] to request an internal
review.
If you are still dissatisfied with the University's response after the
internal review you
have a right of appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Email: [email address]
I will now close your request as of this date.
Yours sincerely
Catherine Allin
Information Compliance and Quality Officer
══════════════════════════════════════════════════════════════════════════
From: [FOI #1007503 email]
Sent: 19/08/2023 13:38
To: [email address]
Subject: Re: Information request (ref: 1989206)
(Attachments:) Email (original message) from
[FOI #1007503 email] received on 19/08/2023.eml,
Email from [FOI #1007503 email] - Re: Information
request .txt
Nottingham University
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Nottingham University.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Nottingham
University cannot accept responsibility for any loss or damage arising
from the use of this email or attachments.
This message and any attachment are intended solely for the addressee and
may contain confidential information. If you have received this message in
error, please contact the sender and delete the email and attachment. Any
views or opinions expressed by the author of this email do not necessarily
reflect the views of the University of Nottingham. Email communications
with the University of Nottingham may be monitored where permitted by law.
References
Visible links
1. https://www.nottingham.ac.uk/studentserv...
2. https://www.nottingham.ac.uk/studentserv...
3. https://www.nottingham.ac.uk/currentstud...
4. https://www.nottingham.ac.uk/studentserv...
5. https://www.nottingham.ac.uk/studentserv...
6. https://www.nottingham.ac.uk/currentstud...
Dear Nottingham University,
Thank you... None of the listed material mentions a legal Common Law Duty of Care. Please confirm that you do not have any guidance specifically and solely on the Common Law Duty of Care owed to enrolled students by staff.
Yours sincerely,
Gillian Green
Dear Nottingham University,
This is a polite reminder to please respond to my clarifying FOI question relating to Common Law Duty of Care in HE, which I sent on 22 August 2023 (below).
"Thank you... None of the listed material mentions a legal Common Law Duty of Care. Please confirm that you do not have any guidance specifically and solely on the Common Law Duty of Care owed to enrolled students by staff."
I understand you have said this FOI is closed, but I would ask you to reconsider and answer this latest qualifying question.
Yours sincerely,
Gillian Green
Dear Ms Green,
In response to your last email,
There is no documentation setting out the specific application of a broad
legal principle in respect of the multiplicity of the University's
functions in respect of its students nor is it reasonably possible to
draft such documentation. The principle is applied in practice by means
of codes of conduct for staff and by lines of management, as well as
effective recruitment and training of staff.
Kindest regards,
Catherine Allin
Information Compliance & Quality Officer,
Information Compliance & Security.
══════════════════════════════════════════════════════════════════════════
From: [FOI #1007503 email]
Sent: 19/09/2023 18:36
To: [email address]
Subject: Re: Information request (ref: 1989206)
(Attachments:) Email (original message) from
[FOI #1007503 email] received on 19/09/2023.eml,
Email from [FOI #1007503 email] - Re: Information
request .txt
Nottingham University
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Nottingham University.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Nottingham
University cannot accept responsibility for any loss or damage arising
from the use of this email or attachments.
This message and any attachment are intended solely for the addressee and
may contain confidential information. If you have received this message in
error, please contact the sender and delete the email and attachment. Any
views or opinions expressed by the author of this email do not necessarily
reflect the views of the University of Nottingham. Email communications
with the University of Nottingham may be monitored where permitted by law.
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