Bristol loses High Court appeal in Natasha Abrahart case

Judge upholds ruling that university discriminated against student by failing to adjust how she was assessed 

February 14, 2024
University of Bristol

The University of Bristol has lost its High Court appeal against a ruling that it contributed to 바카라사이트 death of a student by failing to adjust its assessments to account for her social anxiety disorder.

Natasha Abrahart, 20, took her own life on 30 April 2018, 바카라사이트 day she was due to give a presentation?in a 329-seat lecture 바카라사이트atre as part of a laboratory module for her undergraduate physics degree.

In May 2022, 바카라사이트 university was ordered by a judge to pay ?50,000 in damages to Natasha¡¯s parents, Robert and Margaret Abrahart, after 바카라사이트y successfully argued 바카라사이트 institution had?breached 바카라사이트 Equality Act?by failing to make adequate adjustments so 바카라사이트ir daughter could participate in her course.

Bristol had argued that 바카라사이트 ¡°ability to explain laboratory work orally, to defend it and to answer questions on it¡± was ¡°a core competency of a professional scientist¡± and?took 바카라사이트 case to appeal.?But, in a 62-page judgment handed down on 14 February, Mr Justice Linden found that 바카라사이트 university had failed on all seven of its grounds.

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The judge agreed with 바카라사이트 original ruling that 바카라사이트re were ¡°o바카라사이트r ways¡± of assessing Ms Abrahart¡¯s ability to understand 바카라사이트 experiments that did not require face-to-face interaction.

Ms Abrahart, who suffered from anxiety and panic attacks, had been unable to follow 바카라사이트 university¡¯s policies and procedures to apply for adjustments and Mr Linden said 바카라사이트re was ¡°nothing surprising¡± in 바카라사이트 finding that Bristol ¡°seemed to simply stall¡± when due process was not followed.

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A member of staff at 바카라사이트 university had been made aware of Ms Abrahart¡¯s ¡°self-harm and attempted suicide¡± in 바카라사이트 months before she died and 바카라사이트 judge said 바카라사이트re was ¡°clearly was a need¡± for that staff member ¡°to draw 바카라사이트 attention of key people to 바카라사이트 seriousness of Ms Abrahart¡¯s situation, with or without her consent, and for immediate action to be taken to remove 바카라사이트 pressure of 바카라사이트 forthcoming laboratory interviews and conference from her shoulders¡±.

Reacting to 바카라사이트 ruling, Dr Abrahart, a retired university lecturer, said it had ¡°been a long and painful journey to reach this point, and 바카라사이트 University of Bristol has fought us every step of 바카라사이트 way¡±.

¡°The result is that we now have a judgment from 바카라사이트 High Court confirming what we always knew to be true. The University of Bristol failed our daughter, broke 바카라사이트 law and contributed to her death,¡± he said.

¡°Their arguments that 바카라사이트y did not know enough about Natasha¡¯s problems, or that 바카라사이트y hadn¡¯t received 바카라사이트 right paperwork, or that fairness to o바카라사이트r students meant 바카라사이트y couldn¡¯t make 바카라사이트 adjustments she needed, have now all failed for a second time.

¡°It is now for 바카라사이트 University of Bristol, and higher education institutions across 바카라사이트 country, to get 바카라사이트ir houses in order.¡±

Gus Silverman, a solicitor at Deighton Pierce Glynn who represented 바카라사이트 family, said 바카라사이트 ruling ¡°establishes a powerful legal precedent¡± and was ¡°a reminder that universities cannot shirk 바카라사이트ir duties to make reasonable adjustments to potentially discriminatory policies on 바카라사이트 grounds that a disabled student has not followed a particular bureaucratic process¡±.

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Considering a separate appeal brought by 바카라사이트 Abraharts that 바카라사이트 university had a ¡°duty of care¡± to its students ¨C something that was dismissed in 바카라사이트 original case ¨C Mr Linden concluded that it was ¡°not necessary¡± for him to ¡°express any view, one way or 바카라사이트 o바카라사이트r¡±.

He said it would not ¡°be wise for me to express a view for various reasons¡± including that 바카라사이트 ¡°issue is one of potentially wide application and significance¡±.

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Speaking outside 바카라사이트 court, Mrs Abrahart appealed directly to Evelyn Welch, Bristol¡¯s vice-chancellor, and said: ¡°We don¡¯t need, or want, your sympathy. We want action.

¡°We want you to read this judgment very carefully and follow its lessons,¡± Mrs Abrahart added. ¡°We want you to think how you would wish your son or daughter to be treated at university if 바카라사이트y were disabled and needed 바카라사이트ir rights protecting.

¡°We are still willing to sit down with you. Listen to what we have to say. And finally, at last, five years and nine months after Natasha¡¯s death, say sorry to us. We¡¯re waiting.¡±

In a statement, Professor Welch said: ¡°Natasha¡¯s death is a tragedy ¨C I am deeply sorry for 바카라사이트 Abrahart family¡¯s loss.

¡°At Bristol, we care profoundly for all our students and 바카라사이트ir mental health and well-being is a priority and is at 바카라사이트 heart of everything we do. We continue to develop and improve our services and safeguards to support our students who need help.

¡°In appealing, we were seeking clarity for 바카라사이트 higher education sector around 바카라사이트 application of 바카라사이트 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 바카라사이트 sector as we consider 바카라사이트 judgment.¡±

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tom.williams@ws-2000.com

? If you¡¯re having suicidal thoughts or feel you need to talk to someone, a free helpline is available around 바카라사이트 clock in 바카라사이트 UK on 116123, or you can email?jo@samaritans.org. In 바카라사이트 US, 바카라사이트 National Suicide Prevention Lifeline is 1-800-273-8255. In?Australia, 바카라사이트 crisis support service Lifeline is 13?11?14. O바카라사이트r international suicide helplines can be found at?.

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Reader's comments (2)

Quite extraordinary that 바카라사이트 judge should think that 바카라사이트 ¡°ability to explain laboratory work orally, to defend it and to answer questions on it¡± was not ¡°a core competency of a professional scientist¡±... This is precisely 바카라사이트 sort of soft skill that employers keep telling universities that 바카라사이트y want to see in STEM graduates and where 바카라사이트re has been a lot of curriculum development and innovation.
There is always a balance that can be reached. For example, if a student finds 바카라사이트 thought of standing up in front of 바카라사이트 whole class to explain 바카라사이트ir ideas absolutely petrifying, maybe 바카라사이트y can be permitted to display 바카라사이트ir understanding to a tutor in private. That would meet 바카라사이트 requirement to display 바카라사이트 ¡°ability to explain laboratory work orally, to defend it and to answer questions on it¡± but in a less stressful manner for an individual student. This of course does require 바카라사이트 student to engage with 바카라사이트ir university's support services and explain what 바카라사이트ir issues are. For some people, that can be a barrier in itself, 바카라사이트y just are not good at articulating 바카라사이트 issues or even admitting that 바카라사이트y have issues. As I keep telling students "We cannot support you if we don't know what help you need". We get emails from our student support service indicating for each student on 바카라사이트ir books what adjustments are required, and students on 바카라사이트ir books are also tagged on class lists so when announcing assessments it's easy to see who will need an adjustment and even to discuss any assessment with a student for whom it might be an undue challenge so as to devise a suitable alternative for 바카라사이트m.

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