Cited by 3Legal Issues in EducationDiscrimination and Equality LawDisability Rights and Representation

The DOI matches its Crossref record; 1 of the 1 references it cites were found in a registry or an index; none of the 10 sources its claims cite is checked for support yet.

Reasonable accommodation for disabled university students: University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB)

Open access
De Sabbata, Kevin, Pearson, Abigail V·2025·Legal Studies

Abstract

Natasha Abrahart was a physics student at the University of Bristol. She was suffering from depression and social anxiety disorder, which seriously impacted her ability to partake in oral assessments. Eventually, Natasha sadly took her own life. Her father, Dr Robert Abrahart, as personal representative and estate administrator, sued the University of Bristol for negligence and breach of sections 15, 19 and 20 of the Equality Act 2010, read with section 91(2)(a) and/or (f) of the same Act. 1 Under such provisions, universities have a duty to provide reasonable adjustments and support, in educational provision and assessments, to disabled students, defined by section 6(1) of the Equality Act 2010 as ‘a physical or mental impairment’ which has ‘a substantial and long-term adverse effect’ on the ability to ‘carry out normal day-to-day activities’. However, Schedule 13, para 4(2), to the Equality Act 2010 exempts those assessments which constitute a competency standard, defined as ‘an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability’. 2

Overview

AI snapshot

Written from the paper’s full text.

TL;DR

This case comment analyses the High Court's ruling in *University of Bristol v Dr Robert Abrahart* [2024] EWHC 299 (KB), which substantially confirmed the County Court's finding that the University breached its duty to make reasonable adjustments for a disabled physics student who later took her own life. The authors argue the appeal clarifies when universities are deemed to know of a student's disability and how far they may rely on internal procedures, but leaves the competency-standard question unresolved.

Key findings

  • The High Court confirmed the University of Bristol was in breach of its duty to make reasonable adjustments under the Equality Act 2010, holding that higher education institutions have an *anticipatory* duty to proactively put adjustments in place; knowledge of disability was not required for the duty to exist, though the level of knowledge is relevant to whether a particular adjustment was reasonable (Linden J at [157]–[158], [162]).
  • Obiter, the High Court moved the point at which the university was found to have knowledge of Natasha Abrahart's disability from October 2017 (the County Court's finding, at [116]) to 1–13 February 2018, when the Physics senior tutor repeated his request that she apply for adjustments and directly alerted Disability Services ([239]).
  • The Court held it was open to the County Court to conclude that the oral assessment did not constitute a competency standard ([201]–[202]); Linden J disagreed with the County Court's formalistic reasoning (that Natasha could have passed the module without the interviews) but added that this fact "did tend to undermine the University's argument that a core competency of a professional scientist is the ability to present results orally" ([201]).
  • The negligence claim was refused: Linden J found the claim was not fully argued at trial, that provision of student support services did not fall into a special category of relationship giving rise to a duty of care, and that the claimant could not satisfy the burden of proof, so the matter would require a separate re-trial ([270(ii)], [270(iv)], [5]).

Methods

  • Doctrinal case comment analysing two judgments: *Abrahart v University of Bristol* [2022] 5 WLUK 260 (CC) and *University of Bristol v Dr Robert Abrahart* [2024] EWHC 299 (KB), read against the Equality Act 2010 (ss 6(1), 15, 19, 20, 91(2)(a)/(f); Sch 13 para 4).
  • The authors reconstruct the facts of Natasha Abrahart's module (Practical Physics 203: laboratory interviews 45%, formal report 20%, computing 25%, conference presentation 10%; pass mark 40%) and trace the chronology of staff contacts from October 2017 to April 2018.
  • Analysis is organised around two themes: (a) knowledge of disability and reliance on internal procedures, and (b) the competency-standard exemption, engaging with commentary by Burin and Atrey, Cameron et al, and Tyler.

Limitations

  • The authors state the judgment "still leaves open doubts with regard to the criteria to establish when an assessment constitutes a competency standard," and that legal engagement with the question has been limited, leaving students and staff unclear on rights and responsibilities.
  • The authors acknowledge their own disagreement with Burin and Atrey, who maintain the High Court "significantly lowered the bar" for breach of reasonable adjustment obligations; the authors argue the Court merely reaffirmed the duty to act on reasonably clear signs of disability.
  • Evident from the text: this is a case comment rather than empirical research, so its claims rest on the authors' reading of the judgments and secondary commentary; the negligence question was expressly left unresolved by the High Court and is not settled here.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.1017/lst.2024.48

Cites

1 of 1 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Verification

Claims the paper makes

17 Own interpretation · 10 Sources not found · 3 Own result · 2 No basis given

Show all 7 claims

  • Probably not a substantial claim. 23
  • It may state two separate claims as one. 6
25 of 25
  • The authors state this as an assumption.

    The main purpose of universities is not only to award degrees, but to make students progress through high quality education.

    “If we consider that the main purpose of universities is not only to award degrees, but to make students progress through high quality education”
1 of 1

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

4 of 4

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Metadata

Authors
De Sabbata, K., & Pearson, A. V.
Affiliations
  • Keele University
  • Keele University (GB)
Venue
Legal Studies
Published
2025-02-07
Volume
45
Issue
2
Pages
303-308
ISSN
  • 0261-3875 (ISSN-L)
  • 1748-121X
OpenAlex
W4407255169
Cited by
3
References
1
Citations by year
2026: 2 · 2025: 1
FWCI
20.10
Type
journal article
Language
en
Open access
Locations
Legal Studies (publishedVersion, cc-by)
Topics
  • Social Sciences › Law › Legal Issues in Education
  • Social Sciences › Law › Discrimination and Equality Law
  • Social Sciences › Sociology and Political Science › Disability Rights and Representation
Keywords
reasonable accommodation, students with disabilities, Equality Act 2010, oral examination, psychiatric disability, depression, social anxiety disorder, competency standards, negligence, University of Bristol

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