UCLU response to proposed ‘Fitness to Study’ Policy
General notes
The primary functions of this policy should be to protect the students’ health facilitating an
environment that best helps them to study and, equally, to ensure they can complete their degree.
All decisions should be taken with these two things in mind.
In light of this, we feel the university’s current policies on interruption are not best designed to
encourage and support students return to university. We appreciate that this is being treated as a
separate issue and actions are being taken to improve this, but until it is adequately improved, we
do not believe this policy can be fairly implemented.
We are extremely concerned about the funding of student psychological services, and believe that it
is not working to a sufficient standard, and that this must be rectified before this policy is
implemented – our primary duty should be prevention and support before removal.
Specific Concerns
Regularity of implementation and review
We have been assured that the policy will only be applied in the most extreme circumstances. To
ensure that this is the case, all applications of the policy should be reported and recorded, and that
the policy is reviewed if applied more than a 2 times a year. We would also request that regardless
of this, the policy is reviewed, with the input of UCLU, in 1 years’ time.
Danger of discouraging students from seeking help
As noted, a primary objective of this policy ought to be to protect students’ wellbeing and health.
However, we worry that this policy could discourage students from seeking support from UCL, for
fear that it could result in their removal from UCL without their consent.
Open decision making and the decision making process
The current policy places the entire decision making power in the hands of the DSSW. No decision
such as this should rest with one person, and the decision should be taken by a panel who are able
to see all the relevant evidence, including representations, in writing or in person, from the student
in question.
The discussion and decision of this panel should be recorded to ensure due process is followed. We
note that other universities who have implemented a Fitness t Student policy.
The make-up of the panel should be drawn from a range of people concerned. For example,
Westminster University’s policy suggests a panel, or ‘Case Conference’:
“Those present at the Case Conference might include, depending on the nature of the issue:
• Head of Student Services
• Head of Academic Department
• School Senior Tutor
• Personal Tutor
• Course Leader
• Disability Learning Support Manager
• Head of Counselling
• GP or other relevant professional (with student’s consent)
• School Registry Manager
As well as relevant staff from:
• Students’ Union
• Other relevant Student Services staff members
• Other relevant staff members (eg Residential Managers)”1
We believe a similar panel should be put together at UCL to make such decisions. This process seems
to be adopted by most universities with a fitness to study policy.
We would add that the Student Mediator should be involved in the decision making process, as an
impartial body to the university or the student.
When making a recommendation that a students’ registration should be ceased, there is currently
no clear policy to demonstrate how this decision ought to be reached. To make this procedure fair
and open, and to ensure that any removal of registration is carried out in adherence to due process,
there should be clear guidelines to support the panel in making this decision. If such a decision is
made, then the student should be told of the reasons for the ceasing of registration in relation to
this document. Only the reasons laid down in that document can be provided as justification for the
ceasing of registration.
We would recommend that UCLU are closely involved in the drafting of such a document. Certainly,
1
http://www.westminster.ac.uk/__data/assets/pdf_file/0018/148212/Fitness-to-Study-Procedure_.pdf
it should include considerations such as the desire of the student to stay in education, the proximity
of the student to completing their degree or course, the wider impacts that a ceasing of registration
may have on students’ wellbeing including considerations such as whether they will be able to
continue to stay in their term time accommodation and the financial impact that a ceasing of
registration may incur, whether the student feels that all relevant reasonable adjustments have
been tried.
As stated, the Fitness to Study policy cannot be deemed complete without such an accompanying
document. Therefore, the policy should not be presented to, or accepted by Education committee
until such a document is complete, and the two ought to be presented together to Education
committee to be considered as one.
Review of decision
Where a decision to cease a students’ registration is taken, this should be reviewed periodically, with
evidence from health experts, to best support their return to study.
Involvement of the student
Throughout the policy, there is no requirement for the Director of Student Support and Wellbeing to
meet the student in question. We would therefore suggest the following changes:
5. However, there may be instances that arise where a student is not able to continue the level
and intensity of study required in spite of reasonable adjustments. In these cases, the Director
of Student Support and Wellbeing will review the medical information provided by the
student’s medical advisers and draw on medical advice from medical consultants appointed
by UCL and/or other health care specialists. If at all possibly, The student may will also be
required to meet with the Director of Student Support and Wellbeing or another designated
roleholder and UCL’s appointed medical consultants, to ensure that the student’s health is not
detrimental to studies or studies to health, and what adjustments can be sought.
Legality
UCLU has concerns over the legality of this policy under the Equality Act 2010, insomuch as it may
amount to discrimination, especially where the student is not consulted, and safeguards are not in
place to ensure due process is followed. We request that the legality of such a policy be reviewed.
Legality issues under the Human Rights Act 1998 should also be considered, in particular with
relation to Article 6 and Article 8 of the European Convention of Human Rights.
Appeal
We note that the ability of the student to appeal is available only through the Student Grievance
Procedure. Firstly, if this were the case, a new ground for representation would have to be added
under point 7 of that procedure relating to the Fitness to Study policy, in particular regarding
whether all due process had been followed in a decision to cease registration.
More generally, we are concerned that the grievance procedure can be very time consuming and
often by the time an appeal is lodged and begun, the student will have missed much of the year’s
course, which may make return difficult. It could also lead to further ill health and financial hardship.
The right to appeal should be available before the registration is ceased, not afterwards. A decision
to appeal should therefore pause a ceasing of registration. This will safeguard students against
mistakes, and will ensure students are not unfairly excluded from UCL. A right to appeal a decision
such as this ought to be seen as a basic right. Students should be advised of this right to appeal, and
advised to seek the support of the Advice and Welfare services provided by UCLU.
Continued Support
To ensure that this policy does not further damage students’ health and to maximise the likelihood
to their return to study, they should be able to continue accessing Student Psychological Services,
the Student Disability Service and other similar services (e.g. their personal tutor) for a given time
(e.g. 6 months).
Upon returning to study, the student should also be able to opt for a phased return, to best support
their transition back into university. This could be for a specified period at a reduced timetable, or by
giving the student library access/access to other UCL services for a period before their return date.
Assent from UCLU
Before this policy is finally approved, consent should be sought, out with the committee structure,
from UCLU.