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15 February 2024
Issue: 8060 / Categories: Legal News , Equality
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Universities urged to review procedures after Bristol loses appeal

Bristol University breached the Equality Act 2010 by failing to make adjustments for its student Natasha Abrahart, the High Court has held

Abrahart, a 20-year-old physics student, took her own life in 2018 on the morning of a laboratory conference. She was suffering from depression and social anxiety disorder at the time, which amount to a disability under the Equality Act 2010 and which affected her ability to participate in oral assessments such as the laboratory conference.

The university appealed against a county court ruling that it breached the 2010 Act.

However, Mr Justice Linden dismissed the appeal this week, in University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB). Linden J declined to go further and determine whether the university owed Abrahart a duty of care under the law of negligence as ‘the issue is one of potentially wide application and significance. Determining it would increase the risk of prolonging this litigation, which I regard as undesirable.’

Shannett Thompson, partner at Kingsley Napley, said: ‘In this case, the mitigation pleaded by the University of Bristol about the adjustments it made were considered insufficient.

‘Hitherto the relationship between a university and its student has been viewed as a contractual one, with no general duty of care owed. So [this] decision is a gamechanger in that respect. There is also a campaign for universities to have a statutory duty of care to students, but if and until that is enacted, this case opens the door for others to argue about a university's obligations. For example, that could potentially extend to the manner in which it conducts investigations and the safeguarding of participants involved.

‘This case should be a wake-up call for other universities to review their policies and procedures, ensuring they are robust and effective, especially where students have known mental health issues.’

Issue: 8060 / Categories: Legal News , Equality
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