Kent meningitis outbreak: Comment from higher education lawyer
Commenting on the ongoing meningitis B outbreak that has infected students at the University of Kent and the wider Canterbury community, Trish D’Souza, Legal Director in the education team at UK and Ireland law firm Browne Jacobson, said: “Universities have a general duty of care towards their students, which involves taking reasonable steps to reduce or prevent harm.
“In the event of infection outbreaks like we have seen with meningitis, universities are expected to work in close collaboration with healthcare bodies to mitigate health risks. This may involve issuing vaccines or antibiotics, where appropriate, or even closing certain facilities due to risk to health alongside a clear communications strategy.
“Failure to take steps could potentially result in future compensation or breach of contract claims from students if they can prove that inaction has resulted in loss or mental or physical harm. Students can raise complaints and pursue them before the Office for Independent Adjudicator for Higher Education, which may consider compensation should be provided if a university has acted unreasonably.
“There are also lessons to learn from the case in which University College London recently settled a claim from students over lost learning during the Covid-19 pandemic, with legal letters since sent to a further 36 universities.
“While universities will likely point to government-mandated closures of public environments in affecting teaching provision, they may also have to consider how terms and conditions of their contracts with students were potentially breached across the wider student experience – including expectations over accommodation, social spaces and support services. Even ‘pre-information’ from prospectuses and open days illustrating student life could conceivably form part of student contract terms.
“It’s therefore crucial that any university affected by ongoing and future disease outbreaks consider all these details when making important decisions regarding potential closures or reduced services in the event of public health risks.”
Contact
Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072
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