How did Averil die while in the care of the University of East Anglia?

The University of East Anglia (UEA) failed in their duty of care to Averil Hart. When UEA accepted Averil into the university to study Creative Writing, they failed to put in place reasonable safeguards to ensure her safety.

UEA failed to safeguard a vulnerable young person in their care when a call was made by a member of staff to the Dean’s Office alerting them to the fact that Averil was acutely unwell. (Averil was found unconscious in her room just 48 hours later and died a few days later).

On receiving this alert, rather than call on medical help, the university arranged for a cursory visit to Averil by someone who was not qualified to make a professional opinion on Averil's health. In sending the wrong help to Averil when she was acutely unwell, UEA failed to save Averil's life at the critical moment.

UEA and the Duty of Care they owed Averil

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Every University owes a duty of care to its students and the University of East Anglia therefore owed a duty of care to Averil. Where was that duty of care when Averil was effectively starving herself to death and numerous emergency phone calls were made to the University about the concerns for Averil's health?

Although the University does have a guide about "Responding to Students in Difficulty" it lacks substance and clarity. Universities like Northumbria have clear and precise documents, as set out below, that set out the duty of care that they owe to its students.

Please click the link to read UEA's "Responding to Students in Difficulty" Guide.

Northumbria University Policy on Duty of Care and its Students

Northumbria Universty's features a lengthy and detailed document on the University's duty of care towards all of its students, and an enhanced duty to specific student groups, including those suffering from mental health difficulties.

The University acknowledges that the institution holds, under common law, a requirement to take reasonable care for the well-being and health and safety of all students. The duty owed is not a duty to ensure that no harm will ever occur, but is rather "a duty to take reasonable care to avoid harm being suffered".

In the event of negligence, the University also defines a negligent act as "not being deliberate, but where the injury/damage was foreseeable". As a similar higher education institution, UEA is held to the same standard. UEA was well aware of Averil's deterioration, with the Dean's office being directly informed that Averil had collapsed in her student halls. Yet as a result of their lazy, lacklustre response, they failed to save Averil's life.

Please click the link to read Northumbria University's Duty of Care policy.

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Northumbria University Policy on Duty of Care and its Students

Supply of Goods and Services Act (1982)

It is generally considered that there is a contract between each student and their institution, with certain implied duties on the University concerning both the provision of the academic course and the provision of educational and social support. Where it supplies a service, according to Section 13 of the Supply of Goods and Services Act (1982), the University must establish clear emergency protocols where students show signs of emerging crisis. UEA completely failed to work alongside adequate emergency protocols, and completely failed in their response to Averil's condition.