Universities could face “enormous difficulties” in adjusting their teaching and learning support for students with hidden or emerging disabilities after a remarkable decision awarded £ 50,000 in compensation to a student’s property after her suicide.
A judge ruled that the University of Bristol failed to make adjustments to the assessment of Natasha Abrahart’s academic work, which led to her suicide in 2018 while she was in her second year of a bachelor’s degree in physics.
The judge found that while Natasha had not been declared disabled when she began her education, the emerging social anxiety repeatedly led her to avoid attending the oral assessments that were necessary to complete her course. While the university was considering making adjustments that may have allowed Natasha to complete her grades, nothing was done until her death.
Julian Sladin, a partner at Pinsent Masons, said the outcome of the case was unusual in several ways, including the issue of the university’s support for students with disabilities and how that support – or lack thereof – could have led to in tragedy.
In terms of general principles, I think the problem with this case is that universities will always be in situations where they have students who may not have applied or may not have a clear diagnosis of disability when they arrive at the university, and whether they have subsequently been diagnosed.
“In these situations, the Equality Act obviously applies to these students and there is a need to make adjustments for these students and provide them with support.
“And I think what this case highlights is the huge difficulty around how you apply these adjustments and how that support is provided to students during the course,” Sladin said.
Sladin said there is an obligation for universities under the Equality Act to provide support to students with disabilities, including their education and assessment, which means that universities must have “effective systems for managing this”.
The National Students’ Union said the tragedy highlighted the mental health problems facing many students at universities and colleges.
A NUS spokesman said: “We express our sympathy for Natasha Abrahart’s friends and family after today’s sentencing. We are deeply concerned about the mental health crisis, which is only getting worse for students. “
Susan Lapworth, interim chief executive of the Office of Students (OfS), the regulator of higher education in England, said Bristol and other institutions “will want to think carefully about this decision” and ensure they take action.
“All universities and colleges must have effective measures in place to support students experiencing mental health problems. That includes helping them continue their training and providing access to effective support services, ”Lapworth said.
“The OfS will continue to work with a range of partners to ensure that students of all backgrounds receive timely, personalized and appropriate support when they have mental health concerns.”
A spokesman for UK universities said the sector is committed to identifying and supporting students who may be at risk.
“In the UK, we are seeing an increase in the number of young adults experiencing mental health problems, and this is reflected in higher education with the growing demand for student support services at our universities and NHS partners.
“UUK called [the] the government to provide urgent additional funding for mental health for universities and to provide NHS services targeted at students, ”the spokesman said.
In the United Kingdom, Samaritans can call 116,123 and the domestic violence hotline is 0808 2000 247. In Australia, Lifeline Crisis Support is 13,114 and the National Domestic Violence Counseling Service is 1,800,737. 732. In the United States, the suicide prevention hotline is 1-800-273-8255 and the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines can be found at www.befrienders.org.
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