Campaigners demand better protection for uni students after landmark legal case
The High Court has ruled the University of Bristol discriminated against a student who took her own life in 2018
Campaigners are demanding universities across the UK better protect their students, after a landmark legal case in Bristol.
Yesterday (14 February) a High Court judge upheld a ruling that the University of Bristol discriminated against a physics undergraduate in 2018, when staff asked her to give a presentation in a large lecture theatre, despite knowing she had severe social anxiety.
Natasha Abrahart from Nottinghamshire was found dead in her accommodation on the day of the presentation, having taken her own life.
The court ruling sets a precedent that universities have a duty of care towards students deemed disabled under the Equality Act, but the judge stopped short of saying the same protection should be granted for all other students.
Campaigners, including Natasha's family, are now calling on parliament to introduce such legislation.
Natasha's case
The story of Natasha Abrahart entered the courts when her parent's Bob and Maggie sued the University of Bristol, claiming the uni discriminated against her under the terms of the Equality Act, by insisting she give the presentation, over which she took her own life.
As part of the case they also argued that universities nationwide have a legal duty to ensure the wellbeing of their students.
Back in 2022 a judge at Bristol County Court ruled in their favour on the Equality Act argument, but declined to say universities have a statutory duty of care to all students.
A High Court judge has now reached the same conclusion after the university appealed the Equality Act ruling.
Esther and her son Theo
Esther Brennan lost her son Theo, who went to the University of East Anglia, in similar circumstances five years ago: "It was known that he was struggling.
"They knew he wasn't attending and they knew he was self-harming in halls.
"Theo gave consent for the uni to call home if they had welfare concerns.
"He died by suicide on 12th March 2019.... then they rang me."
She says universities need to be legally accountable: "If you or I missed work or started hitting our heads against the wall at work, our workplace have a statutory duty of care to look after us.
"They have to act - legally. Universities don't have to do that."
For The 100
Since Natasha's death, the Abraharts and several other families who have lost loved ones in similar circumstances have joined forces to demand parliament introduce legislation protecting all students.
The campaign, named "For The 100" in reference to the 100 students on average who take their lives at UK universities every year, launched a parliamentary petition calling on MPs to make uni's legally accountable for how students are treated.
It was debated in the House of Commons last year after gaining nearly 130,000 signatures, but so far no such legislation has been forthcoming.
You can read the High Court's judgement on Natasha's case via this link.
Reaction
In response to the High Court ruling Professor Evelyn Welch, Vice Chancellor and President of the University of Bristol, said she is "deeply sorry" for the Abrahart family's loss.
“At Bristol, we care profoundly for all our students and their mental health and wellbeing is a priority and is at the heart of everything we do," she said in a statement.
"We continue to develop and improve our services and safeguards to support our students who need help.
“In appealing, we were seeking clarity for the Higher Education sector around the application of the Equality Act when staff do not know a student has a disability, or when it has yet to be diagnosed.
"We will work with colleagues across the sector as we consider the judgment."
You can read the university's full response here.
The Equality and Human Rights Commission has also commented, saying it welcomes the judge's intervention.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “We welcome this judgment and today our thoughts are firmly with Natasha’s loved ones.
“As the equality regulator, we assisted the court in determining how universities should approach their duty to make reasonable adjustments, bearing in mind the anticipatory nature of that duty.
“While we will take time to consider today’s judgment in full, it provides clarity on the approach universities should take in relation to what parts of an examination or assessment should amount to competence standards.
“This case will help ensure universities benefit from clearer guidance on their duties under the Equality Act, when they arise, and where the competence standard exception can be applied.
“We also hope that current and prospective disabled students will feel empowered by this judgment, which provides them with clarity on what they should expect from their university.”