What happens after a death by suicide?
Student suicide is a major factor with nearly one in four young people experiencing suicidal feelings at least once in their lives and one in 20 trying to take their own life. Although great efforts have been made by the higher education (HE) sector to tackle mental health issues for young people and identify outward signs of distress, the statistics are still troubling.
The death of a student for any reason is a difficult and emotional time for everyone involved, from university staff to other students and of course the parents of the young person. Unfortunately, student suicide is still a major factor in the sector with nearly one in four young people experiencing suicidal feelings at least once in their lives and one in 20 trying to take their own life.
Although great efforts have been made by the higher education (HE) sector to tackle mental health issues for young people and identify outward signs of distress, the statistics are still troubling. And, with the added pressures of the Covid-19 pandemic and self-isolation, safeguarding mental health and taking steps to prevent student suicide are even more critical.
Universities will no doubt already have in place suicide prevention, intervention and postvention strategies and student death policies. This article focuses on what happens after a student death in the wake of the recent Supreme Court decision in R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire.
A death will always involve an initial police investigation to rule out the involvement of a third party or foul play. Often the police will remain involved when the case passes to the Coroner to act as investigators for the purposes of the inquest. An inquest is an inquiry into the circumstances surrounding a death where the cause is still unknown, or if the person died a violent or unnatural death. The purpose of the hearing is to find out who the deceased person was and how, when and where they died.
Often police officers will want to meet with staff and students to take witness statements from them. Some staff and students may also be called to give live evidence at the inquest. Both of these exercises are likely to be difficult and will take their toll emotionally on those affected.
In concluding an inquest, one of the conclusions available to the Coroner is that of suicide. Historically the Coroner must have been satisfied so that they were sure that the person had intended to take their own life before they could make this finding (the criminal standard of proof).
R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire has considered whether the applicable standard of proof in inquest proceedings should be to the criminal standard (being sure or beyond reasonable doubt) or the civil standard (on the balance of probabilities).
The Supreme Court determined by a majority of three to two that the standard of proof for conclusions of suicide should be the civil standard.
The result is that we are likely to see more conclusions of suicide than previously.
The consequence for universities is that such conclusions bring into much sharper focus the role of HE institutions in preventing suicide and recognising signs and vulnerabilities so that early intervention is possible. Students are inextricably linked to their university life particularly if the young person was resident in halls, was receiving counselling or pastoral care or was known to be struggling with their course. Universities should therefore expect a more thorough investigation into their policies and practices around suicide and mental health support generally.
To discuss your prevention and intervention policies, student death policies or for more information about inquests please contact Stephanie McGarry.
Related expertise
You may be interested in...
Legal Update - Be Connected (higher education)
Be Connected higher education - Summer 2023
Legal Update
Harnessing the potential of knowledge exchange, research and innovation
Legal Update
Student suicide and universities’ duty of care
Legal Update
Freedom of Speech – how to prepare for the new statutory duties
Press Release
Browne Jacobson announces key partner appointment to further grow higher education and charities practice
Legal Update
Back in the (Investment) Zone… sort of
Legal Update - Be Connected (higher education)
Be Connected higher education - Spring 2023
Legal Update
Knowledge exchange and intellectual property
Guide
Terminating student lettings: a quick guide for landlords
Legal Update
Higher education projects – the end is nigh?
Legal Update
Solar panel projects for higher education institutions
Legal Update
What role do HE employees have to play in public inquiries?
Opinion
The UK’s Data Protection and Digital Information Bill (No. 2): For universities
Legal Update
Regulating harassment and sexual misconduct in higher education
Legal Update
Government to expand network and information systems regulations
Legal Update
A pandemic legacy: flexibility
Legal Update
Regeneration: what role can universities play?
Press Release
Browne Jacobson collaborates with The GLAA and University of Nottingham to tackle modern slavery and human trafficking
On-Demand
The Subsidy Control Act 2022. Putting the new regime into practice
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - becoming an academy sponsor
Legal Update - Be Connected (higher education)
Be Connected higher education - Winter 2023
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Education team maintains clean sweep of top rankings in latest legal directories
Browne Jacobson’s education team has again been confirmed as a national powerhouse after securing five Tier 1 rankings relating to Education in the latest edition of Legal 500 and maintaining a Band 1 UK-wide ranking for Education in Chambers & Partners UK 2023.
Legal Update - Be Connected (higher education)
Be Connected higher education - Autumn 2022
Press Release
Browne Jacobson and The University of Nottingham announce Knowledge Transfer Partnership to promote greater equality, diversity and inclusion in the legal sector and beyond
Legal Update
Authorship disputes and employment claims
In an academic environment, there can be pressures to publish, particularly where funding is dependent upon research and reputation. Whilst there can be competition between Higher Education establishments to be the first to publish, there can also be internal conflicts over authorship rights where several individuals have contributed to the work.
Legal Update
Subsidy Control Act 2022: economic queries
In July, the long-awaited statutory guidance on the Subsidy Control Act 2022 (Act) was published in draft form (Draft Guidance). A consultation on the draft guidance has recently ended and the results have not yet been published – it may therefore change before the final version is published.
Legal Update
Changes to holiday pay for part-year workers
In July 2022, the Supreme Court handed down its long-awaited Judgement in the case of Harpur Trust v Brazel relating to the correct calculation of statutory holiday pay for part year workers. This decision has implications for all part year workers on contracts which subsist all year round, whether their hours are normal or irregular.
Legal Update
Facing the threat of cyber security breaches
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
Opinion
Internal reports and privilege
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
Legal Update
Data reform in the UK
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
Legal Update - Procurement Act
Pre procurement planning the importance of early market engagement
Legal Update
What opportunities do the REF 2021 results offer universities?
The long-awaited publication of the Research Excellence Framework (REF) 2021 provides universities with opportunities to generate additional income and build upon the quality of their research output.
Legal Update
be connected newsletter for higher education - May 2022
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Legal Update
Harassment and sexual misconduct in Higher Education
Cases involving the handling allegations of harassment and sexual misconduct by Universities continues to hit the news. They are clearly difficult issues for Universities given the competing duties owed to both the reporting individual and the alleged perpetrator and the inevitable sensitivities around the nature of these matters.
Legal Update
ICO consultation on research provisions guidance
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.