The parents of a student with chronic anxiety who took her own life ahead of a key presentation have welcomed new guidance calling on universities to ensure they make reasonable adjustments for disabled attendees.
Physics student Natasha Abrahart was found dead in her flat in April 2018, on the day she was due to take part in a group presentation in front of more than 40 students in a 329-seat lecture theatre.
In May 2022, a judge ruled that the University of Bristol had breached its duties under the Equality Act by failing to make “reasonable adjustments” for the 20-year-old in light of her debilitating anxiety, which is considered a disability.
Judge Alex Ralton, sitting at the Civil Justice Centre in Bristol, also found the university had engaged in indirect disability discrimination against Ms Abrahart, and treated her unfavourably because of the consequences of her disability.
The Equality and Human Rights Commission (EHRC) has published new guidance – contributed to by Ms Abrahart’s family – setting out what higher education providers must do to ensure compliance with equality law relating to disability.
Baroness Kishwer Falkner, EHRC chairwoman, said universities must proactively support their disabled students instead of waiting on them to come forward and ask for help.
The guidance states that universities should take steps to identify students who are struggling and might need reasonable adjustments, even if the students have not come forward voluntarily.
It also said they must be willing to make reasonable adjustments for students at any point, even if they do not have a diagnosed disability; that staff must be trained on how to recognise mental health crises and how to support students; and that staff should make reasonable adjustments for disabled students even if the student has not been seen by the Disability Service.
Earlier this year, the University of Bristol lost its High Court appeal against the discrimination ruling, after its lawyers argued that the judge had been wrong to find that it knew, or should have known, enough about Ms Abrahart’s condition to adjust her assessments.
The university’s vice chancellor and president, Professor Evelyn Welch, said at the time that the appeal had been made in order to seek “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”.
The EHRC had intervened in the case and welcomed the High Court ruling in February.
Baroness Falkner said: “Our new guidance, available to the public but issued directly to higher education institutions and staff, establishes what universities must do to comply with equality law.
“The advice is clear that waiting for a student to come forward and ask for reasonable adjustments is not enough. Universities need to proactively support their disabled students so that they can thrive in a safe and equal environment.
“I’d like to extend my thanks to the Abrahart family for contributing to the guidance, and for the hard work they continue to do to make higher education a fairer place for disabled students.”
Ms Abrahart’s parents, Dr Robert and Margaret Abrahart, welcomed the guidance which they said now “clarifies universities’ obligations under the Equality Act”.
They said: “Universities often misunderstand reasonable adjustments, treating students as if they’re trying to exploit the system rather than addressing their genuine needs. This ignorance and resistance to change can have serious consequences, such as the tragic loss of our daughter.
“The sector has repeatedly ignored the core principles of the Equality Act and, even now, is only aiming to meet the barest minimum required by law – mainly to avoid liability rather than to do what is right.
“True leadership means going beyond just following the rules. It involves actively seeking out and adopting best practices and showing a real commitment to understanding and meeting the diverse needs of all students.
“This new guidance clarifies universities’ obligations under the Equality Act. It’s essential that institutions address these concerns, overcome outdated attitudes, and implement reasonable adjustments effectively and promptly to support all students and prevent further discrimination.”
The commission said universities will be expected to consider and implement the guidance ahead of the new academic year in order to remain compliant with the Equality Act 2010.
