The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.
Natasha Abrahart’s parents and supporters say a ruling by a high court judge against the University of Bristol has implications for the whole higher education sector and hope it will prompt politicians to think again about bringing in a statutory duty of care for students.
Outside court, Natasha’s family strongly criticised the university for not apologising to them over the way it responded to their “exceptional” daughter’s difficulties.
Natasha, a 20-year-old physics student who had chronic social anxiety disorder, took her own life in April 2018 on the day she was due to give a presentation to fellow students and staff in a 329-seat lecture theatre.
In May 2022 a senior county court judge found there had been breaches of the Equality Act 2010 by the university amounting to disability discrimination. The university was ordered to pay more than £50,000 in damages, which included the costs of Natasha’s funeral.
The university appealed against the decision and the case was heard by Mr Justice Linden in Bristol in December last year. On Wednesday his judgment was published rejecting the appeal.
Speaking outside the high court in Bristol, standing alongside parents whose children have killed themselves at other universities, Natasha’s father, Robert Abrahart, said: “The judgment means there is now a legally binding precedent setting out how and when higher education institutions should adjust their methods of assessment to avoid discriminating against disabled students.”
Abrahart, a retired university lecturer, said expecting Natasha to be able to do the oral exam was like expecting somebody who is afraid of spiders to willingly enter a room full of huge, poisonous ones. He said: “We blame the university for not training its staff properly in its duties towards disabled students.”
Addressing the university directly, Natasha’s mother, Margaret Abrahart, a retired psychological wellbeing practitioner, said: “Finally, five years and nine months after Natasha’s death, say sorry to us. We’re waiting.”
The family had asked the judge to rule on whether the university owed Natasha a duty of care under the law of negligence. He declined to do so as the “issue is one of potentially wide application and significance”.
Margaret Abrahart said: “We have been able to get some measure of justice for Natasha because she was disabled and covered by the Equality Act. But what about students who aren’t disabled? They need a statutory duty of care.” She called on the party leaders to put a statutory duty of care for universities in their manifestos.
Prof Evelyn Welch, the university’s vice-chancellor and president, said: “Natasha’s death is a tragedy – I am 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. 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.”
In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@samaritans.org or jo@samaritans.ie. In the US, you can call or text the National Suicide Prevention Lifeline on 988, chat on 988lifeline.org, or text HOME to 741741 to connect with a crisis counselor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at befrienders.org