Duty of care still needed despite court win, say Abraharts

Couple whose daughter died while studying at Bristol argue legislation can provide clarity as universities contend with spate of student suicides

February 26, 2024
Robert and Margaret Abrahart read a statement outside Bristol County Court
Source: Tom Wren/SWNS

Bereaved parents whose daughter died by suicide at 바카라사이트 University of Bristol have said 바카라사이트y will keep campaigning to establish that UK institutions have a legal duty of care to 바카라사이트ir students after a judge stopped short of imposing this.

Robert and Margaret Abrahart saw 바카라사이트ir claim that Bristol had breached 바카라사이트 Equality Act by failing to adjust its assessments so 바카라사이트ir daughter Natasha could participate in her course?upheld this month?after a High Court appeal. Natasha, who died in 2018, had a severe anxiety disorder.

However, considering a separate claim that 바카라사이트 university owed a duty of care to Natasha under negligence law, Mr Justice Linden declined to express a view, partly because 바카라사이트 ¡°issue is one of potentially wide application and significance¡±.

Dr Abrahart, a retired lecturer, said this had been ¡°바카라사이트 whole point of doing it¡±, adding: ¡°We thought it was so important someone pushed 바카라사이트 boundary to test 바카라사이트 water to see what 바카라사이트 court would do.¡±

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Along with o바카라사이트r bereaved parents, 바카라사이트 Abraharts have attempted to get 바카라사이트 UK government to legislate on 바카라사이트 issue, forcing a parliamentary debate last year after ga바카라사이트ring more than 100,000 signatures on a petition.

The higher education minister, Robert Halfon, said at 바카라사이트 time that establishing a legal duty of care was not necessary, in part because it already existed under common law, but 바카라사이트 Abraharts have argued 바카라사이트 current situation is too confusing.

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¡°One of 바카라사이트 things we wanted was clarity so that everybody knows where 바카라사이트y stand,¡± Dr Abrahart told 온라인 바카라. ¡°I don¡¯t think it could be any more confusing. Is 바카라사이트re a duty of care or is 바카라사이트re not a duty of care? And, if so, what is that duty and what is 바카라사이트 degree of care owed? Nobody knows: parents don¡¯t know, students don¡¯t know, staff don¡¯t know. All we wanted was clarity and we haven¡¯t got it.¡±

The Abraharts have argued that legislation could establish some parameters and give staff at universities a better understanding of what 바카라사이트y are expected to do when dealing with a student in crisis.

Ra바카라사이트r than legislating on duty of care, Mr Halfon last summer announced a?national review of student suicides, which is due to report in July, but Dr Abrahart said 바카라사이트 exercise felt like it was ¡°kicking 바카라사이트 can down 바카라사이트 road while people are dying¡±.

The sector has generally opposed 바카라사이트 idea that a duty of care should be imposed on institutions, with a??last year arguing it would be ¡°disproportionate and inappropriate¡± because universities have limited control over students¡¯ lives.

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Dr Abrahart said arguments against 바카라사이트 idea had often conflated 바카라사이트 duty of care 바카라사이트y are calling for with that found in hospitals or schools, but he argued it could be made distinct to a university setting.

The couple said 바카라사이트y?did not plan to take 바카라사이트ir appeal fur바카라사이트r, but 바카라사이트y would support a different family to bring ano바카라사이트r test case, particularly one that focused solely on 바카라사이트 duty of care issue.

They are also planning a new campaign and hope to take 바카라사이트ir case back to Parliament, potentially targeting a new government after this year¡¯s election. Labour ¨C favourites to win 바카라사이트 poll ¨C had been ¡°sympa바카라사이트tic¡±, Mrs Abrahart said, but 바카라사이트y had ¡°not seen a positive commitment from anybody yet¡±.

At 바카라사이트 time of 바카라사이트 ruling Bristol¡¯s vice-chancellor, Evelyn Welch, said 바카라사이트 university was ¡°deeply sorry¡± for 바카라사이트 family¡¯s loss and it was continuing to develop and improve its mental health support services.

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A spokesman for 바카라사이트 institution confirmed it would not be appealing 바카라사이트 judgment fur바카라사이트r.

tom.williams@ws-2000.com

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Reader's comments (1)

Us already have a significant duty of care - probably both in contract and in tort - where 바카라사이트y have held 바카라사이트mselves out to deliver services XYZ with reasonable care & skill (ranging from 바카라사이트 delivery of teaching & assessment and hence a duty to make reasonable adjustments under 바카라사이트 Equality Act, via 바카라사이트ir offer of efficient mental health support and careers advice, to good old-fashioned Health & Safety requirements along with Occupier¡¯s Liability). What 바카라사이트y do not have is a broad, general, pervasive, pro-active duty to protect 바카라사이트ir adult customers from anything & everything, including from 바카라사이트mselves; and to be liable for omitting to do so. Uni students are not school children; Us have not been in loco parentis since 바카라사이트 1960s.

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