A group of parents whose children killed themselves at university are campaigning for a law change to make institutions more accountable.
They want universities to have a legal duty of care towards their students, like schools already do.
Parents include Natasha Abrahart’s mother and father, who have sued the University of Bristol over her suicide.
However, Universities UK does not believe that additional statutory obligations need to be imposed on the sector.
The petition is supported by 25 survivors who have come together and founded the LEARN network.
“Our petition is very simple, it asks the government to enact a duty of care by law for the higher education sector,” said Bob Abrahart, Natasha’s father.
“Everyone assumes that universities have a duty of care. Universities argue that they care, but they don’t have a legal duty of care, it’s a kind of moral duty.”
Natasha had social anxiety disorder that made it difficult for her to speak in front of people, and she killed herself the day she was due to give a lecture in a large auditorium.
Her parents took action against the University of Bristol under two sets of laws – the Equality Act 2010 and also the Negligence Act.
They were able to enforce their claim under the Equality Act because Natasha’s social anxiety disorder was classified as a disability and the judge ruled that the university had failed to make appropriate adjustments to the way she was assessed as part of her course.
However, they lost the negligence portion of their case because the judge was unconvinced that the university owed Natasha a duty of care. Its ruling noted that “there is no law or precedent establishing the existence of such a duty of care by a university to a student”.
That’s why the Abraharts want new laws to protect students who aren’t already protected under the Equality Act.
Her attorney, Gus Silverman, said the ruling in Natasha’s case “highlighted the lack of legal protection for students who do not benefit from the Equality Act.”
“Under current legislation, it is difficult to hold a university legally accountable for having harmed a student through inappropriate behavior unless the student was disabled and the claim meets the procedural requirements of the Equality Act,” said Mr. Silverman.
“It seems very odd that if a school has a duty to act with reasonable care and skill towards its students, a university should not owe a similar duty to its students, particularly where universities, including the University of Bristol, regularly require it to do so publicly that they owe that kind of duty.”
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Universities UK, which bills itself as the ‘collective voice’ of 140 universities, has been reluctant to change the law.
“The UUK believes that there is no need for a statutory duty of care as universities are already subject to health and safety regulations and obligations under the Equality Act,” a spokesman said.
“Universities are going beyond their legal requirements by prioritizing the mental health and well-being of their staff and students, providing support services for those in difficulty and working closely with NHS services.
“If universities are to be given additional statutory duties beyond what is required in other adult work or education institutions, this must be accompanied by better mental health coverage across the health service and additional funding.”
On Thursday, Universities UK announced new “information sharing” policies aimed at preventing student suicides.
Under the guidance, universities are asked to contact key family members, supervisors or friends if they have serious concerns about a student’s mental health.
However, the Abraharts worry that institutions may not take up the recommendations as there is no legal obligation to follow them.
According to official estimates, 64 students took their own lives in England and Wales in the 2019/20 academic year.
Hilary Grime, whose daughter Phoebe killed herself while studying at Newcastle University, is one of the parents campaigning for new laws.
“All the time that goes by is more students taking their own lives,” she said.
“It’s every parent’s worst nightmare. It’s the scariest thing that can ever happen so I really hope we get a lot of support for it.”
On Thursday, the University of Bristol announced it was seeking permission from the High Court to appeal the verdict in Natasha’s case.
She justified this by saying that she was “striving for absolute clarity for the university sector with regard to the application of the Gender Equality Act”.
The university did not want to comment on the law on duty of care proposed by Natascha’s parents.
However, a spokesman said: “Every single staff member cares deeply about the well-being of our students and like all universities we offer a wide range of pastoral support services that they can easily access.
“Part of that support is helping students access specialist care through the NHS or other providers should they need it, as was the case for Natasha.”
The Abraharts have also spoken to their local MP, Ruth Edwards, who intends to ramp up her campaign with ministers.
“The death of Natasha Abrahart was a tragedy that should never have happened,” said the Rushcliffe Conservative MP.
“I admire her parents, Bob and Maggie, for the work they are doing to seek justice for Natasha and ensure that other young people and their families have protection from the pain and grief they have faced.
“Your petition raises important questions about the duty of care that universities and colleges have towards their students. I look forward to working with them to raise these issues in Parliament and with government ministers.”
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