Legal Relationship between Universities and their Students – How Accountable and to what Extent in Law are Universities Liable for Student Suicides?

This article addresses how the relationship in law of universities and their students is to be characterised. Its main purpose is to establish where legal liability lies in the case of a student committing suicide, whilst undergoing an educational qualification. Characterisation of the relationship between universities and their students has been included within a number of models which are set out and assessed, the aim being to show the range of characterisation and at the same time point out the defect(s) in each characterisation. This analysis is undertaken in searching for a more meaningful and coherent model of the legal relationship between the university and the student. A legal framework of accountability is essential. Exploration of more conventional ways of addressing this, and alternatives, is required. The article therefore includes for consideration a less fashionable potential classification of a fiduciary relationship between universities and their students. It explores, too, the possibility in public law of founding a breach of a substantive legitimate expectation challenge where promises of safeguarding have been made to the now deceased student. This phenomenon goes beyond the United Kingdom, so reference is made to case law in other jurisdictions, such as Canada and USA.