UK universities should be prepared to make reasonable adjustments for students, even if they do not have a diagnosed disability or mental health condition, according to new guidance issued by the Equality and Human Rights Commission (EHRC).
The recommendations were circulated by the EHRC following a High Court judgment in February that upheld a ruling that the University of Bristol contributed to the death of a student by refusing to adjust its assessments to accommodate her social anxiety disorder.
Natasha Abrahart, a 20-year-old undergraduate physics student, took her own life in April 2018 on the day she was due to give a presentation to a 329-person lecture theatre as part of a laboratory module.
The university had argued that the assessment was a competence standard and therefore outside the parameters of the Equality Act, and also claimed that Ms Abrahart had failed to engage with its Disabled Students Service, which assesses reasonable adjustments.
But the EHRC said that “the duty to make reasonable adjustments is anticipatory”, and stressed that the emphasis was on universities to make reasonable adjustments when staff have noticed a student is struggling but they have not been seen by its disability service.?
Universities should further consider how assessments can be adjusted to accommodate different disabilities. It says in cases of anxiety, for example, providers should consider allowing written rather than oral answers, presenting to a small group or one-to-one, or changing venues and times to accommodate reasonable adjustments.?
Staff should also be trained on the duties required of?them as part of the Equality Act, including how to recognise mental health crises and how to provide support for students when they occur.
Institutions will be expected to consider and implement the guidance ahead of the upcoming academic year in order to remain compliant with the law.?
Robert and Maggie Abrahart, Ms Abrahart’s parents, backed the guidance and said that universities must “overcome outdated attitudes, and implement reasonable adjustments effectively and promptly”.
“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,” they said.
“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.”
Baroness Falkner of Margravine, the chair of the EHRC, said that the advice “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,” she said.
Bristol was ordered to pay ?50,000 in damages to Ms Abrahart’s parents under the original 2022 court ruling in the case.
At the time of the ruling, Bristol’s vice-chancellor, Evelyn Welch, said the university was “deeply sorry” for the family’s loss and it was continuing to develop and improve its mental health support services.
