The University Of Bristol v Abrahart [2024] EWHC 299 (KB) (14 February 2024)

The University Of Bristol v Abrahart [2024] EWHC 299 (KB) (14 February 2024)

The University breached its statutory duties under the Equality Act 2010 by failing to make reasonable adjustments to oral assessments that were not competence standards, despite having actual or constructive knowledge of the student's disability. The University's failure to act placed the student at a substantial disadvantage, and its justifications were insufficient. The negligence claim failed as no relevant common law duty of care was owed, but if such a duty existed, it would have been breached on the same facts.

Citation
[2024] EWHC 299 (KB)
Parties
Appellant/defendant: The University of Bristol; Claimant/respondent: Dr Robert Abrahart (Administrator of the estate of Natasha Abrahart, deceased); Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
14 February 2024
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed in respect of Equality Act claims; cross-appeal on negligence dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Competence Standards, Negligence, Duty of Care, Indirect Discrimination, Discrimination Arising From Disability
Equality and Discrimination Law Education Law Tort Law Disability Discrimination Reasonable Adjustments Competence Standards Negligence Duty of Care +2 more

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Parties

The University of Bristol

Appellant/defendant

Dr Robert Abrahart (Administrator of the estate of Natasha Abrahart, deceased)

Claimant/respondent

Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the University breached its duty to make reasonable adjustments under the Equality Act 2010
  2. 2 Whether the oral assessments constituted a competence standard exempt from adjustment
  3. 3 Whether the University had actual or constructive knowledge of the student's disability

Ratio Decidendi

The University breached its statutory duties under the Equality Act 2010 by failing to make reasonable adjustments to oral assessments that were not competence standards, despite having actual or constructive knowledge of the student's disability. The University's failure to act placed the student at a substantial disadvantage, and its justifications were insufficient. The negligence claim failed as no relevant common law duty of care was owed, but if such a duty existed, it would have been breached on the same facts.

Court Disposition

Appeal dismissed in respect of Equality Act claims; cross-appeal on negligence dismissed

Orders

  • Declaration that the University breached its duties under the Equality Act 2010
  • Damages of £50,000 awarded for pain, suffering, loss of amenity and injury to feelings