Universities are expected to strike a balance between fostering independence for their students and providing a safe and supportive environment. If a university breaches its duty of care, it may be held liable for any resulting harm or loss, depending on the jurisdiction and specific circumstances.
A Tragic Case: Natasha Abrahart
A recent tragic case highlighted the lack of a statutory duty of care owed by providers of higher education to their students. Natasha Abrahart, a student at the University of Bristol, suffered from social anxiety and took her own life. This was on the day she was due to give a presentation to hundreds of fellow students.
Legal Findings
A judgement was made against the University, finding that it had breached the Equality Act 2010. It was judges to have failed to make adequate adjustments to enable Ms Abrahard to participate in the course.
University’s Appeal
The University appealed on the grounds that it was a “core competency of a professional scientist” to “explain laboratory work orally, to defend it and to answer questions on it”. The appeal failed, however. The judge did not overturn the ruling made previously on a separate point, that the University did not have a duty of care towards Ms Abrahart. The judge also acknowlagedt hat this issue “is one of potentially wide application and significance.”
The legal position, therefore, remains unclear. Firstly as to whether or not universities owe a duty of care, and secondly, if they do, what that duty is, and what level of care is required. The Government has so far declined to legislate on the issue.
The increasing concern about mental health is not an issue specific to universities. However, a recent study in The Lancet found that students are more at risk of depression and anxiety than their peers who go straight into work. This contradicts the notion that students’ difficulties are a reflection of wider social trends.
Mental Health Concerns in Higher Education
The increasing concern about mental health is not an issue specific to universities. However, a recent study in The Lancet found that students are more at risk of depression and anxiety than their peers who go straight into work. This contradicts the notion that students’ difficulties are a reflection of wider social trends.
Calls for a Statutory Duty of Care for Universities
Higher education institutions remain strongly resistant to the implementation of a properly codified, statutory explanation of a legal duty. However, campaigners continue to call for a statutory duty of care. This would provide much needed clarity for Universities and staff with regard to their legal obligations. It would also provide clarity for families and students about their legal rights and what they are entitled to expect.
Need Legal Advice?
Feel free to contact our solicitors if you are also in a situation where you need legal advice regarding the duty care that may be owed by your employer.
Charlotte Grew is a senior employment law solicitor at DPH Legal. Charlotte advises employers and employees on a wide range of employment issues, including unfair and wrongful dismissal, redundancy, work-related stress, bullying and harassment, discrimination, disciplinary and grievance issues, and claims at the Employment Tribunal. She also has extensive experience in preparing and advising on settlement agreements, employment contracts, service agreements, consultancy agreements and employment handbooks and policies. Charlotte is a member of the Employment Lawyers Association, The Law Society and The SRA. To contact Charlotte, visit the Contact Us page. For media enquiries: info@dphlegal.com