andrew martin. 12 november 2025.
Mental health issues among school-aged children are increasingly coming to the forefront, with rising rates of anxiety, depression, stress, and other challenges affecting students’ wellbeing and ability to thrive. In today’s society, schools play a critical role not only in education but also in safeguarding the mental and emotional welfare of students. From a legal, social, and practical perspective, the case for schools to hire dedicated mental health practitioners has never been stronger.
the legal duty of schools.
Schools have a well-established duty of care to provide a safe and supportive environment for their students. This responsibility extends beyond protecting students from physical harm – it also includes taking reasonable steps to address their mental and emotional wellbeing.
Principals and teachers are held to a high standard of care when it comes to the safety and wellbeing of students. When a student/teacher relationship exists, teachers assume a special duty of care. In the case of Richards v State of Victoria [1969] VR 136, the legal definition of that duty of care, particularly in the context of a schoolmaster’s responsibility towards pupils, was explored and articulated as follows: a teacher is to take such measures as are reasonable in the circumstances to protect a student under the teacher’s charge from risks of injury that the teacher should reasonably have foreseen.
This duty of care requires principals and teachers to take all reasonable steps to reduce risks, including:
Importantly, the duty of care covers not only physical injury but also psychological harm.
The nature and extent of the duty will vary depending on the circumstances of each situation. The key question in all cases is what precautions the school could reasonably be expected to have taken to prevent harm from occurring.
This involves evaluating several factors, including:
By fulfilling these duties, schools can ensure they are providing a safe environment that mitigates risks and protects students from harm, both physical and psychological.
Failure to meet this duty could expose schools to legal risks. For example, if a school neglects to provide adequate support for a student struggling with mental health issues and that student suffers harm, the school may face claims for breaching its duty of care.
Similarly, schools are bound by anti-discrimination laws, such as the Disability Discrimination Act 1992 (Cth), which may require accommodations for students with mental health conditions.
Hiring mental health practitioners, such as school counsellors or psychologists, demonstrates a proactive approach to fulfilling these legal obligations. These professionals can identify and manage mental health concerns early, provide tailored support to students, and ensure schools comply with their legal duties to promote student wellbeing.
addressing a growing social need.
The increasing prevalence of mental health issues among young people highlights the need for early intervention. Studies show that many mental health conditions emerge during childhood or adolescence, with untreated issues often leading to long-term consequences for education, relationships, and overall quality of life.
Schools are uniquely positioned to provide support at a critical time in students’ development. By hiring dedicated mental health practitioners, schools can offer a safe and accessible resource for students who might otherwise struggle in silence. These professionals can provide one-on-one counselling, lead group programs to foster resilience, and work with teachers and parents to create a culture of care.
a priority in modern education.
In today’s society, supporting mental health in schools is no longer optional – it is essential. Schools that prioritise mental health not only reduce the risks of legal disputes but also foster environments where students can learn, grow, and thrive. Moreover, hiring mental health practitioners sends a clear message to students, parents, and the community: that the school is committed to supporting the whole child, not just their academic performance.
moving forward.
As awareness of children’s mental health continues to grow, so too must the commitment of schools to address this pressing issue. Hiring counsellors and mental health practitioners is not just a legal safeguard – it is an investment in the health and future of young Australians. For schools, this step is significant in meeting their duty of care, supporting student success, and contributing to a more compassionate and understanding society.
If you have questions about the legal obligations of schools regarding student mental health or need advice on creating and implementing effective policies and procedures, our experienced team can assist.
