Understanding What Duty of Care Means at University
You may hear the phrase "duty of care" used in discussions about safeguarding, wellbeing, student support, health and safety or professional responsibilities.
Whilst the phrase is widely used, it is often misunderstood.
At the University of Wolverhampton, duty of care means taking reasonable and proportionate steps to help protect the safety, wellbeing and welfare of members of our community.
It does not mean that the University can remove all risk, prevent all harm or make decisions on behalf of adults who are able to make decisions for themselves.
Understanding what duty of care means—and what it does not mean—helps everyone understand how the University approaches safeguarding, support and risk management.
What Is Duty of Care?
Duty of care refers to the responsibility organisations and individuals have to take reasonable steps to help prevent foreseeable harm.
Within a university setting this may include:
- Providing a safe environment.
- Responding to safeguarding concerns.
- Supporting wellbeing.
- Managing identified risks.
- Providing information and guidance.
- Taking appropriate action when serious concerns arise.
Duty of care applies across many areas of university life.
Who Does The University Owe A Duty Of Care To?
The University has responsibilities towards:
- Students.
- Staff.
- Apprentices.
- Visitors.
- Contractors.
- Placement learners.
- Members of the wider university community.
The nature of that duty may vary depending upon the circumstances.
Does Duty Of Care Mean The University Can Prevent All Harm?
No.
Universities are communities made up of thousands of individuals with different experiences, needs and circumstances.
The University cannot:
✗ Eliminate all risks.
✗ Prevent every difficult situation.
✗ Monitor every interaction.
✗ Guarantee that no one will ever experience harm.
Instead, duty of care focuses on taking reasonable and proportionate steps when concerns become known.
Adults Have The Right To Make Choices
Most university students and staff are adults.
Adults generally have the right to:
- Make their own decisions.
- Take reasonable risks.
- Make choices others may disagree with.
- Decline support.
This is an important principle.
Duty of care does not mean removing an individual's right to make decisions about their own life.
Capacity, Choice and Risk
Sometimes people make decisions that others consider unwise.
Making an unwise decision does not automatically mean a person lacks capacity.
The University seeks to balance:
- Individual autonomy.
- Respect for personal choice.
- Safety and wellbeing.
- Responsibilities to others.
This can sometimes be complex, particularly where significant risks are present.
What Happens When A Concern Is Raised?
When concerns are reported through Report and Support or another University process, the University's first priority is usually to:
✓ Understand the concern.
✓ Assess risk.
✓ Consider immediate safety needs.
✓ Identify support options.
✓ Determine whether further action is required.
Every situation is considered individually.
Does The University Always Need Permission To Act?
In many cases, the University will seek to work collaboratively with the person involved and take account of their wishes and feelings.
However, there are circumstances where the University may need to take action without consent.
Examples may include:
- Immediate risks to life.
- Serious safeguarding concerns.
- Risks to children.
- Risks to adults at risk.
- Risks to other members of the community.
- Serious criminal allegations.
- Significant public safety concerns.
In these situations, the University's duty of care may require action to reduce risk or protect others.
Why Might Information Be Shared?
Many people worry that sharing information breaches confidentiality.
In reality, there are circumstances where sharing information is an important part of safeguarding.
Information may be shared where necessary to:
- Protect someone from harm.
- Assess risk.
- Safeguard a child.
- Safeguard an adult at risk.
- Meet legal obligations.
- Support a coordinated response.
The University seeks to share information on a need-to-know basis and only where there is a legitimate reason to do so.
What Does Duty Of Care Look Like In Practice?
Examples may include:
Welfare Support
Offering support to a student experiencing distress.
Safeguarding Intervention
Responding to concerns about abuse, exploitation or harm.
Risk Management
Implementing measures to reduce identified risks.
Academic Support
Considering reasonable adjustments or support arrangements.
Emergency Response
Taking action where there is an immediate threat to safety.
External Referrals
Referring concerns to statutory agencies when required.
Duty Of Care And Report and Support
Report and Support is one of the ways the University identifies concerns that may require a duty of care response.
When a report is received, the Safeguarding Team may:
- Conduct a risk assessment.
- Consider support needs.
- Convene an Initial Review Meeting.
- Liaise with relevant services.
- Consider safeguarding actions.
- Make referrals where necessary.
The aim is always to respond proportionately and in the best interests of those affected.
What Duty Of Care Does Not Mean
Duty of care does not mean:
✗ The University can force adults to accept support.
✗ Every concern results in a formal investigation.
✗ Every concern results in disciplinary action.
✗ Confidentiality can never be broken.
✗ The University can eliminate all risk.
✗ Individuals lose responsibility for their own decisions.
Understanding these limitations is important when considering how safeguarding decisions are made.
A Shared Responsibility
Creating a safe and supportive university community is a shared responsibility.
Students, staff and visitors all play a role by:
✓ Looking out for one another.
✓ Raising concerns when worried.
✓ Seeking support when needed.
✓ Respecting others.
✓ Contributing to a positive community culture.
Early reporting often allows concerns to be addressed before risks escalate.
Key Message
Duty of care means taking reasonable and proportionate steps to help protect the safety, wellbeing and welfare of members of the University community.
It is not about removing people's choices or preventing all risks.
Instead, it is about balancing support, autonomy, safeguarding and risk management in a way that is fair, compassionate and proportionate.
By understanding duty of care, we can better understand how the University supports individuals, responds to concerns and helps create a safer and more supportive environment for everyone.