The parents of Natasha Abrahart, a disabled student who took her own life in April 2018 on the day she was due to give a presentation to fellow students and lecturers, have backed new guidance for universities issued by the Equality and Human Rights Commission.
The guidance sets out what higher education providers must do to ensure compliance with equality law relating to disability.
It follows a High Court ruling in February that the University of Bristol had contributed to Natasha’s death by failing to make reasonable adjustments for her. The university was also found to have both directly and indirectly discriminated against her under the Equality Act 2010.
According to the guidance, universities must:
- consider and prepare alternative means of assessment for disabled students
- be willing to make reasonable adjustments for students at any point, even if they don’t have a diagnosed disability, if they may have a condition which amounts to a disability
- ensure academic staff make reasonable adjustments for disabled students even if the student hasn’t been seen by the Disability Service
- train student-facing staff on their duties under the Equality Act 2010, including how to recognise mental health crises and how to provide support for students when they occur
- take steps to identify students who are struggling and might need reasonable adjustments, even where those students haven’t come forward voluntarily
The advice was provided to clarify how the High Court judgment in the Abrahart case affected equality law relating to higher education. It stressed the legal responsibility on universities to proactively identify students who may need extra support, and confirms that failing to do so may be discriminatory if a disabled student is negatively affected.
Universities will be expected to consider and implement the guidance ahead of the upcoming academic year in order to remain compliant with the Equality Act 2010. Compliance with the Act is a legal requirement for all organisations.
Natasha’s parents, Dr Robert and Maggie Abrahart, were consulted during the creation of the advice to ensure it reflected the lessons learned from their daughter’s case.
The full advice note containing the guidance is available on the Equality and Human Rights Commission website.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:
“We originally intervened in this case to seek clarity on how universities should approach their duty to make reasonable adjustments, bearing in mind the anticipatory nature of that duty. The judgment gave us that clarity, and since then we’ve been assessing what it means for the higher education sector.
“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.”
Dr Robert and Maggie Abrahart, parents of Natasha Abrahart, 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."
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