Ian's Law Tutoring

So the University of Bristol has lost it's High Court Appeal against the Judgment of the County Court at Bristol in the Abrahart case (County Court and High Court Judgments can be DM'd to anyone who wants them). In my own opinion, this was a long time coming. Universities have, for a long time, tried to get away with doing, at best, the bare minimum when it comes to disability adjustments. The Abrahart case now raises the bar. So, on first skim reading of , Universities should: -

1. Not have a list, whether physical or not, of the adjustments that they are prepare to give or not give;

2. Not have a list of "get out clauses" (e.g. health & safety of others);

3. Be much more ready to give more bespoke adjustments to students who have very specific needs;

4. Understand that just because something is classed as a "competency standard" or a test that a University considers to fall out of any part of the Equality Act because of any caveats mentioned in the Equality Act, it does not mean that such things actually apply in any given case;

5. Be prepared for further litigation on this point with the OIAHE not being a form of suitable ADR in disability cases (this being recognised in R on the application of Maxwell] v OIA [2011] EWCA Civ 1236);

6. Be prepared to lose to, or settle in favour of, those students who do bring the litigation in point 5.

https://dpglaw.co.uk/high-court-dismisses-university-of-bristols-appeal-in-natasha-abrahart-case/

https://www.equalityhumanrights.com/university-bristol-v-abrahart-equality-watchdog-responds-judgment-landmark-case

University of Bristol v Abrahart: equality watchdog responds to judgment in landmark case | EHRC News University of Bristol v Abrahart: equality watchdog responds to judgment in landmark case Published: 14 February 2024 The High Court has today (14 February 2024) ruled that the University of Bristol failed to make reasonable adjustments for a 20-year-old female student who suffered social anxie...

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