CODE OF PRACTICE ON SUPPORTING STUDENTS WITH MENTAL
HEALTH DIFFICULTIES
Contents list:
1
Context and Introduction
1.1
Why is a Code needed?
1.2
Relevance to the University’s Mission
1.3
Purpose of the Code
2
Duty of Care
2.1
The University’s Responsibility
2.2
The Student’s Role
3
Definition of Mental Health Difficulties
3.1
Terminology
3.2
What is a mental health difficulty
3.3
Students experiencing mental health difficulties
3.4
Recognising when there may be a difficulty
4
Admissions
4.1
Pre-entry Information and Guidance
4.2
General support Available to Students
4.3
Professional Course Programmes
4.4
Pre-entry Procedures
5
What to do if you think there may be a difficulty
6
Making a Referral
6.1
The Need to make a Specialist Referral
6.2
University Medical Centre and Campus Nurses
6.3
Counselling Service
6.4
Learning Support and Disability Resource Team
6.5
Chaplaincy
6.6
Careers Service
6.7
Financial Aid and Advice
6.8
Students' Union Advice Service
7
What to do if a Student Refuses Help
8
Procedures for Situations Where there is Urgent Concern for the
Safety of the Individual or Others
8.1
What is an emergency situation?
8.2
Who to contact
8.3
When dealing with an emergency try to remember
8.4
Follow up
9
Discharge from Acute Care
1
10
Mitigating Circumstances and Special Examination Arrangements
11
Interruption of Studies
12
Exit and Withdrawal Systems and Guidance
13
Confidentiality and Disclosure
14
Fitness to Practice
15
Disciplinary Procedures
16
Staff Training and Development
Appendices
Appendix 1 Definition of ‘Duty of Care’ in a Higher Education Environment
December 2001
Appendix 2 How to Recognise When there May be a Difficulty
Appendix 3 The Legal Position: The Disability Discrimination Act 1995 (as
amended by the Special Educational Needs and Disability Act
2001 (SENDA)
Appendix 4 Further Resources
Appendix 5 Anglia Ruskin University Equal Opportunities Policies
Appendix 6 Fitness to Practice Committee
Appendix 7 External Contacts: Where and How to Get Help in Cambridge
Where and How to Get Help in Chelmsford
2
Code of Practice on Supporting Students with Mental Health Difficulties
1
Introduction and Context
1.1
Why is a Code needed?
In April 2000 the CVCP published its Guidelines on Student Mental
Health Policies and Procedures for Higher Education. These guidelines
built on previous studies such as those undertaken by the Heads of
University Counselling Services and published in Degrees of
Disturbance: The New Agenda. The Impact of Increasing Levels of
Psychological Disturbance amongst Students in Higher Education
(March 1999), and by Leicester University: Supporting Students with
Mental Health Difficulties (1999). There has also been increasing
media attention on the pressures that university students now
experience.
The CVCP guidelines encouraged universities to develop their own
response in order to meet the institution’s particular needs, and, in
consequence, at the November 2000 meetings of Anglia Ruskin
University’s Campus Executive Groups it was agreed that two campusbased groups and a University-wide Student Well-being Group be
established. These groups began to examine the response in other
universities, and this Code of Practice looks to reflect best practice
wherever possible and to draw on expertise within Anglia Ruskin
University and from external sources. The Student Well-being Groups
will also monitor and review the Code of Practice in order to maintain
its relevance to the needs of Anglia Ruskin University students and
staff.
1.2
Relevance to the University’s Mission
This Code of Practice represents Anglia Ruskin University’s response
to its commitment to promoting positive attitudes to mental health, and
forms part of its strategic mission to widen access to higher education.
In line with this mission, the University seeks to enable the participation
of all those who have the intellectual capability, motivation and
personal skills to benefit from a university course. The policies and
procedures underpinning this strategy provide an inclusive and
integrative approach to facilitating success in personal, educational and
career progression for all students.
In focusing attention on the particular needs of students experiencing
mental health difficulties, the Code provides a statement of the
University’s determination to identify and deliver appropriate support to
those who are more vulnerable to the stresses of studying in higher
education. On a wider level, the document recognises that the
University has potentially, as part of its duty of care and equal
opportunities policies, a responsibility to promote mental well-being for
its entire community, and acknowledges that the experience of
students and staff in higher education has become progressively more
stressful. In consequence, the Code also addresses the requirement to
3
support students and staff working alongside those with mental health
difficulties.
As a priority, the institution is committed to providing relevant training
embedded in staff development programmes. Aimed at raising
awareness and increasing understanding of mental health issues
throughout the University, training will include the dissemination of
information on sources of support for individuals experiencing
difficulties and for those who might come into contact with them. Staff
development is the most important factor in determining the Code’s
effectiveness in practice, and the University is committed to providing
the resources appropriate for on-going training.
1.3
Purpose of the Code
The purpose of this Code of Practice is to provide a coherent
institutional approach by ensuring:
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That the University’s role and responsibilities are clarified in respect
of supporting the needs of students experiencing mental health
difficulties
That the University does not discriminate academically or socially
against any student, or prospective student, because of their mental
health difficulties
That the University’s systems, procedures and support networks
are conducive to the promotion of mental well-being throughout its
entire community
That all students with mental health difficulties are positively
encouraged to declare them
That students experiencing mental health difficulties at any stage
during their studies are given the best possible support to enable
them to complete their courses successfully
That staff are made aware of the particular needs of students
experiencing mental health difficulties
That the interest of individual students will always be considered
within the context of the interests of the community as a whole and
that support will also be provided for students and staff working
alongside those with mental health difficulties
That the University demonstrates its commitment to recruiting and
retaining students with mental health difficulties through the
provision of a staff development programme that supports staff in
their dealings with these students, that provides all staff with ongoing training, beginning at staff induction, and that disseminates
resource materials signposting internal and external referral
networks
That positive mental well-being is promoted individually and socially
through education and other means
4
2
Duty of Care
2.1
The University’s Responsibility
Within a legal context, the University acknowledges that it may
potentially owe a duty of care to its students in a number of areas. In
particular, it is committed to identifying and delivering appropriate
support to those who are vulnerable to the stresses of studying in
higher education, and this policy document forms part of a strategy to
focus attention on the needs of students experiencing mental health
difficulties. On a wider level, the University recognises a responsibility
to promote mental wellbeing for its entire community and a requirement
to support students and staff working alongside those with mental
health difficulties.
See also Appendix 1 Definition of ‘Duty of Care’ in a Higher
Education Environment
2.2
The Student’s Role
Students have a role to play in ensuring that the University, through its
support services, provides them with appropriate support:
 The University encourages prospective students at the pre-entry
stage and continuing students at the earliest opportunity during their
course to actively seek guidance on their support needs
 It is the student’s responsibility to communicate their needs and to
seek support for them from the University
 If a student chooses not to disclose their needs, support may not be
provided
See also 13 Confidentiality and Disclosure
5
3.
Definition of Mental Health Difficulties
3.1
Terminology
The terminology associated with mental health and ill health can be
confusing, as the terms are used by the general population and
professionals in many different ways. Mental health is often seen in
terms of mental ‘illness’, a term which does not encompass a range of
complex human predicaments, feelings and behaviour. There is a wide
spectrum of mental health difficulties ranging from severe mental
illness to general psychological or emotional difficulties. The University
recognises that there are other models and languages for describing
these human experiences apart from the medical/social-work model
the University uses. In particular, students themselves may choose to
think about their situation in various ways.
3.2
What is a mental health difficulty?
A mental health difficulty is one in which a person is distracted from
ordinary daily living by upsetting and disturbing thoughts and/or
feelings. A mental health difficulty may disorientate a person’s view of
the world and produce a variety of symptoms and behaviour likely to
cause distress and concern.
3.3
Students experiencing mental health difficulties tend to fall within
three main categories, the third category representing that most
commonly occurring amongst students:
3.4
a.
Those who have a recognised illness when they come to
University and are under the care of a psychiatrist at the time of
starting their course. These illnesses include schizophrenia,
manic-depressive illness, and compulsive behaviours. Long
term mental health problems are formally considered a disability.
b.
Those whose mental illness emerges during their time at
university. A wide variety of pressures may contribute to the
emergence of mental illness during late adolescence and
beyond.
c.
Those who are experiencing psychological or emotional
difficulties which are impacting to some degree on their capacity
to function. Difficulties are wide ranging and include: anxiety
and depression, mood swings, inability to concentrate or
produce written work, acute exam anxiety, severe panic attacks,
suicidal thoughts, psychosomatic symptoms, alcohol and drug
problems, addictive behaviours, eating difficulties, reactions to
separation and loss.
Recognising when there may be a difficulty
Students will have different needs and vary in their experience of
mental health difficulties, including their views about disclosing their
difficulties. Difficulties can also be transient or longer lasting. A
6
student may tell a friend or member of staff that something is troubling
him or her. There are also other indications that there may be a
difficulty such as behaviour, appearance, mood changes, absenteeism.
See Appendix 2: “How to recognise when there may be a difficulty”
7
4
Admissions
4.1
Pre-entry Information and Guidance
Anglia Ruskin University welcomes applications from individuals who
are experiencing mental health difficulties, and its collaborative
approach to admissions’ procedures ensures that individuals with
specific needs receive pre-entry guidance that is appropriately as well
as sensitively delivered and enables the student to make informed
decisions that suit their particular circumstances (see 2.2 The
Student’s Role).
Publicity materials, giving details of and entry requirements for the
University’s undergraduate, postgraduate and professional
programmes, provide information and contacts for admission and
advice services, including learning support, financial aid and careers.
Those with a physical or mental impairment are encouraged to declare
their disability on the UCAS/application form and to seek support for
their needs. Details of support structures and systems can be found in
the University’s ‘Information for Students with Disabilities and Learning
Difficulties at Anglia Ruskin University’ available at:
http://www.anglia.ac.uk/students/disability_ 2002.pdf
4.2
General Support Available to All Students
 Counselling
 Medical centre and referral to local GPs and sector mental health
teams
 Advice on DSA application
 IT needs’ assessment for disability/learning difficulty and a
Student Support Scheme, providing learning support assistants, are
available to eligible students (UK nationals on at least 50% of a
degree level course who present evidence of a condition that has a
major detrimental effect on their ability to access the curriculum)
 Learning/study skills’ support for disability/learning difficulty
 Disability needs’ assessment
 Careers and employment advice
 Chaplaincy
Additional information and contact details are available on the Student
Support Services’ website:
http://www.anglia.ac.uk/stu_services/camb/learnsup2.shtml
http://www.anglia.ac.uk/stu_services/essex/learning.html
4.3
Professional Course Programmes
Mental health difficulties may have an impact on an individual’s being
accepted onto a professional course, such as nursing, teaching and
social work, because these courses involve satisfying specific
professional body requirements and their associated statutory
8
regulatory frameworks. Of particular relevance here are professional
criteria relating to ‘fitness to practice’ and these are clearly explained in
course publicity materials. Further clarification on these matters can be
obtained from academic departments or from the appropriate
professional body.
In the case of a prospective student appealing against a rejection for
admission to a professional course on mental health grounds the
University will:
 Undertake a thorough investigation through its complaints and
appeals procedure
 Provide feedback in an appropriate format
 Seek independent advice through referral to an external medical
consultant
4.4
Pre-entry Procedures
For prospective students who declare a mental health difficulty on
application the procedures are as follows:
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Admissions Department forwards the UCAS/application form to a
student adviser, Learning Support and Disability Resource Team
The Team despatches to all eligible students information about the
kind and level of support on offer, an invitation to seek pre-entry
guidance from an adviser, and a self-assessment of needs form
The adviser indicates to an admissions’ officer whether or not the
applicant’s needs can be met from within existing resources/without
further investigation
Prospective students with highly specialised needs are invited to
visit the campus for a detailed needs’ assessment carried out by an
adviser, learning support. The adviser will assess the resource
implications of the individual’s support needs. Candidates are given
the opportunity to experience the campus environment and to
discuss course structure and demands with an admissions’ tutor
The agreed level of support (if any) will be clearly documented and
held on file in the Learning Support and Disability Resource Team.
A copy of this agreement will be given to the student and, if
appropriate, a copy will be given to all relevant staff
The student adviser will liaise with the academic department on the
applicant’s learning support needs, for example format of handouts,
lecture notes, examination arrangements
Confidentiality protocols will be observed throughout the process
and sensitive information will only be disclosed on a need-to-know
basis and will be communicated only with the consent of the
prospective student (see 13 Confidentiality).
Admissions Department distributes to all applicants information on
University and other accommodation, including that designed to
meet the requirements of those with a disability, including those
with a mental health difficulty.
9
5.
What to do if you think there may be a difficulty
Staff who are worried about a particular student
5.1
Talk with the student and let them know that you are concerned and
why (e.g. you’ve noticed changes in their attendance/they look sad and
you wonder if something is troubling them).
5.2
Be prepared to listen. Listening is the main tool for getting a real
picture of the situation – and asking the student what they would want.
Careful listening can be helpful in not overreacting to a situation and
may be all that is needed.
5.3
If you feel you can support the student, do consider whether you
have enough time and/or skills. Try not to offer help which is beyond
your role, or might involve role conflict, but rather listen and encourage
the student to seek appropriate help.
5.4
Give information about what help is available. The Student Support
Services’ leaflet Making Links is informative as is Supporting
Students: A–Z Referral Checklist.
http://web.anglia.ac.uk/anet/staff/stu_support.phtml
5.5
Arrange contact with the student again to check out how they are
and whether they have arranged any support (NB counsellors, GPs,
nurses adhere to professional codes of confidentiality which may
prevent them from disclosing if a student has been seen).
5.6
Discuss confidentiality with the student. It is important to be clear
about and agree on the extent of confidentiality and gain the student’s
consent to pass on any information if this is necessary.
5.7
If you think you need more information consider checking with others
who know the student in a way that is sensitive to the student.
5.8
You can, at any point, talk with your line manager, counsellors, or
disability advisers about your concerns without disclosing the identity of
the student, if possible.
See also 8 Emergency Procedures
10
6.
Making a Referral
One of the roles of the Student Adviser and administrative staff is to
direct students to other appropriate sources of advice and support.
These may be services offered by the University or those offered by
external agencies (see Appendix 7 External Contacts). Students
may require a different or deeper level of support than can be provided
by tutors and administrative staff within the limits of their roles (see
Supporting Students Referral Checklist: An A–Z Guide).
http://web.anglia.ac.uk/anet/staff/stu_support.phtml
6.1
The Need to Make a Specialist Referral
Students often approach academic or other staff if they have difficulties
and normally these people are able to help. Some students, however,
may need more specialist help and may then be referred to the
appropriate service. (See Supporting Students Referral Checklist: An
A-Z Guide. http://web.anglia.ac.uk/anet/staff/stu_support.phtml
Making a referral to the
6.2
(6.2)
(6.3)
(6.4)
(6.5)
(6.6)
(6.7)
(6.8)
Medical Centre and Campus Nurses
Counselling Service
Learning Support Service
Chaplaincy
Careers Service
Financial Aid & Advice
Students' Union Advice Service
University Medical Centre – Cambridge
If there appears to be a medical problem the University Medical Centre
is situated in the Ruskin Lounge, Ruskin Building.
Students should be referred, in the first instance, to their GP.
Contact Information:
During semester the Anglia Ruskin University Medical Centre Branch
Surgery is open at the following times:
Monday – Friday
8.30 am – 5.00 pm
Contact telephone number:
0845 196 2251
Outside semester and after 5.00 pm contact:
The Red House Surgery, 96 Chesterton Road:
Monday – Friday
8.30 am – 6.00 pm
Contact telephone number:
01223 365555
Out of Hours:
NHS Direct
0845 46 47 24 hour Advice Line
CAMDOC (Cambridge Doctors on Call) Evenings and Weekends
01223 464242
An emergency ambulance (999) should be called for violent,
aggressive or extremely disturbed students.
11
The Anglia Ruskin University Medical Centre has a list of contact
numbers for local GP surgeries for those students not registered at
ANGLIA RUSKIN UNIVERSITY or the Red House Surgery.
Medical Centre staff will always try to help in difficult situations.
Visit us at www.anglia.ac.uk/stu_services/camb/health.shtml
Campus Nurses – Essex
If there appears to be a medical problem students should be
referred, in the first instance, to their GP. Rivermead Gate Medical
Centre: Telephone 01245 348688 if the person is registered there.
Contact Information:
Accident and Emergency Department
Broomfield Hospital Contact telephone number: 01245 440761
NHS Direct
0845 4647
24 hour Advice Line
Community Mental Health Team
92 Broomfield Road, Chelmsford
Telephone:
01245 318627 (Office hours - advice, support and
practical help.
NERIL - 0845 0900 909 (helpline 4pm till 8pm - information, support
and advice about mental health)
An emergency ambulance (999) should be called for violent,
aggressive or extremely disturbed students.
Campus Nurses will always try to help in difficult situations.
Visit us at
http://web.anglia.ac.uk/stu_services/essex/health.html
6.3
Counselling Service
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The Counselling Service is located on the 3rd floor of the Helmore
Building.
Students can make an appointment in person or by phone
Any member of staff who is concerned about a student and may
wish to suggest referral can phone to consult with a Counsellor
Students will usually be given an appointment within three days of
initially contacting the service
A student who needs to be seen urgently can usually be seen on
the same day
In a true emergency where a student needs help immediately it is
more appropriate to contact a doctor or the emergency services
(see Emergency Procedure, Section 6)
Counsellors can refer students to specialist services outside the
university. Access to a psychiatrist to assess a student’s needs is
by referral through the student’s GP
Counsellors adhere to the British Association for Counselling and
Psychotherapy Guidelines on confidentiality and data protection.
12
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6.4
The Cambridge service has one full time Counsellor and three part
time Counsellors. It is open from 9 am to 5 pm weekdays, with
breaks at Christmas, Easter and during the summer.
Appointments can be made at the Reception Desk in HEL341, by
phone, or by e-mail. Students can also drop in and see a
counsellor if one is available in HEL342-345
Telephone:
0845 196 2298 or 0845 196 2598
e-mail:
counselling-cam@anglia.ac.uk
Website:
www.anglia.ac.uk/counselling
The Essex service has two full time Counsellors and one part time
Counsellor. It is open from 8.30 am to 4.30 pm weekdays, with
breaks at Christmas, Easter and during the summer
Appointments can be made at the Reception Desk in Tindal
Tel: ext. 4240/4242 Email: counselling-essex@anglia.ac.uk
Website:
http://web.anglia.ac.uk/stu_services/essex/counselling.html
Learning Support and Disability Resource Team
The Learning Support and Disability Resource Team aims to add to the
general well-being of the student body by supporting any student who
needs guidance in curriculum access.
Students experiencing mental distress are individuals with individual
circumstances and we aim to react to them as such, but they tend to
fall into three main categories when they choose to access Learning
Support and Disability Resource Team:
 Some crisis in their life generally is having a detrimental impact on
their studies
 Pressure of studies is having a detrimental effect on general life
 They have a long-term and ongoing mental health problem that may
affect their capacity to study
In the first two instances, the Learning Support and Disability Resource
Team is committed to focussing on the problem the student is having
with their studies, offering support for this, and referring the student on
to the Counselling Service in the first instance for further support to
deal with general distress.
In the third instance, long-term and ongoing mental health problems,
learning support can be of two types:
 We can offer ongoing support with studies generally
 With the Financial Aid and Advice team we can help students who
feel disabled by mental health problems (and who are UK nationals
studying at least 50% of a full-time course) to access the Disabled
Students’ Allowance (DSA), a central government fund that is
administered by Local Education Authorities and can pay for
assessed equipment and human support for individual students.
13
The Cambridge Learning Support and Disability Resource Team is
situated in HEL333 on the 3rd floor of the Helmore Building.
The team aims to offer services all year round except on public
holidays:
Monday to Thursday – 9.00 am to 5.00 pm
Friday – 9.00 am to 4.00 pm.
For appointments and enquiries contact Reception in HEL341.
Telephone: 0845 196 2298 or 0845 196 2598
E-mail:
s.webb@anglia.ac.uk
An adviser is available on ext 2434 or e-mail: j.bousfield@anglia.ac.uk
The Essex Learning Support and Disability Resource Team is situated
on the 2nd Floor, Tindal, Rivermead Campus
The Team aims to be open all year round except on public holidays:
Monday to Thursday – 8.30 am to 4.30 pm
Friday – 8.30 am to 4.00 pm.
For appointments and enquiries contact reception:
Telephone number: 01245493131 ext. 4240/4242
Website:
http://web.anglia.ac.uk/stu_services/essex/learning.html
6.5
Chaplaincy
Chaplaincy exists to serve all members of the University, both students
and staff whether religious or not, providing a friendly face, a listening
ear and an openness to the spiritual dimension of a person’s life. All
students and staff may self-refer, but specific referral to Chaplaincy
might be made in the following circumstances:
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Enquiries relating to matters of faith and practice in any major world
Faith. Chaplaincy can provide contacts for worshipping
communities of all the major Faiths practising in Cambridge and
give advice and guidance for staff regarding special holy days, fasts
etc.
General pastoral support especially where there is a spiritual
dimension to the presenting issues, including any matter relating to
prayer and spiritual life or the impact of another person’s faith.
Occasional services. Chaplaincy is available for conducting
Weddings, Baptisms, Blessings, Funerals and Memorial Services
for members of the University as an alternative to their parish
provision should they wish.
Advice with regard to the activity and impact of cults and new
religious movements.
Chaplaincy can offer a different way of looking at mental distress,
including reflection on its positive and ethical aspects, and guidance
on the accumulative wisdom in religious traditions for dealing with
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life’s experiences. In some cases, students may wish to make use
of the opportunities to contribute to community life offered by
chaplaincy, among many others. Chaplaincy can also offer an
independent ear outside ‘the system’.
Chaplaincy consists of a team of representatives from different
denominations and religions but can offer help to individuals, whatever
their religious background. If they cannot help you individually they will
try to put you in touch with someone who can.
The Cambridge Chaplain is situated in HEL103. If he is not there
messages can be left in the International Office opposite.
Contact telephone number:
0845 196 2398
e-mail:
n.cooper@anglia.ac.uk
Details are available at:
http://www.anglia.ac.uk/thechaplaincy/cambridge/index.html
The Essex Chaplain is situated at 90 Ransomes Way, Rivermead
Student Village, Rivermead Campus.
The Office is open: 8.30am - Midnight.
Contact telephone number:
01245 493131 ext 7722
e-mail:
i.moody@anglia.ac.uk
Details are available at:
http://web.anglia.ac.uk/chaplaincy/chelmsford/index.phtml
6.6
Careers Service
Any member of staff may refer a student to a careers adviser and it
may be appropriate in certain cases for the staff members to telephone
the Service before the referral is made.
Circumstances when a referral should be made:
 Exit guidance – when a student, for whatever reason, leaves the
University or is thinking of leaving, the careers adviser can provide
guidance on career and other study opportunities
 Transfer within Anglia Ruskin University – when a student wishes or
needs to consider continuing their studies in a different Programme,
Faculty or mode, such as part-time, or on another Campus at Anglia
Ruskin University
 Transfer out – when a student wishes or may need to consider
continuing their studies in another institution
 Uncertain situation – when a student is unsure about whether or not
to interrupt their studies or to discontinue and they may need help
with clarifying their options
15
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Interruption of studies - when a student wishes or needs, for
whatever reason, to intermit, a careers adviser can help them to
look at possible options for employment or internship if appropriate
Information on help and support, including internal and external
sources, is available from Student Support Services.
The Cambridge Careers Centre is situated in HEL341 on the 3rd floor
of the Helmore Building. During semester it is open at the following
times:
Monday, Wednesday, Thursday – 9.30am to 5.00pm
Tuesday – 9.30am to 7.00pm on alternate weeks during semester
Friday – 9.30am – 4.30pm
Office hours may vary in vacations. Please check by telephoning 0845
196 2298 or 0845 196 2598
Appointments can be made through Reception in HEL341:
In person
By telephone on 0845 196 2298/2598
By e-mail to s.webb@anglia.ac.uk
In some circumstances it may be possible for a student to be seen
straightaway or they could attend a daily drop-in session between
1.00pm and 4.00pm in HEL341, also available on Monday, Wednesday
and Thursday at various times in the Student Employment Bureau on
The Street in HEL008.
E-mail addresses of careers advisers can be obtained from the
Careers Service website: www.anglia.ac.uk/careers
The general e-mail address for the Careers Service is:
careers-cam@anglia.ac.uk
The Essex Careers Centre is situated on the 2nd Floor, Tindal,
Rivermead Campus. During semester it is open at the following times:
Monday, Wednesday & Thursday – 8.30am - 4.30pm
Tuesday – 8.30am – 7.30pm (4.30pm out of semester)
Friday – 8.30am - 4.00pm
Office hours may vary in vacations. Please check by telephoning
ext. 4240/4242
Appointments can be made through the receptionist:
In person
By telephone on extension 4240/4242 ( from outside: 01245
493131 ext.4240/4242)
In some circumstances it may be possible for a student to be seen
straightaway or they could attend a daily drop-in session between
1.00pm and 4.00pm.
16
E-mail addresses of careers advisers can be obtained from the
Careers Service website: www.anglia.ac.uk/careers
The general e-mail address for the Careers Service is:
careers-essex@anglia.ac.uk
6.7
Financial Aid & Advice
The Financial Aid and Advice team offers advice to students and
staff on all aspects of student funding:
 Student loans
 Help with tuition fees
 Supplementary grants, such as the Disabled Students’ Allowance
 Funding for full-time, part-time and postgraduate students
 Benefits and Tax Credits
 Income tax
 Money and debt management
 Council tax
Financial help is also provided in the form of:
 Grants from the University’s Access to Learning Fund
 Emergency small, short-term loans
In the case of withdrawal or suspension of studies:
Students who are considering leaving or intermitting should be referred
to, or should be encouraged to consult, a financial adviser in order to
discuss the financial implications of their decision, for example their
entitlement to tuition fees.
The Cambridge Financial Aid and Advice Team are situated in
HEL341 on the 3rd floor of the Helmore Building
Drop-in sessions are available during semester at the following times:
Monday to Friday – 10.00 am to 2.00 pm
Appointments may be made at other times.
Contacts:
Reception tel: 0845 196 2298/2598
or e-mail: s.webb@anglia.ac.uk
Senior Student Adviser
0845 196 2288
j.l.manley@anglia.ac.uk
Student Adviser
0845 196 2600
r.blair@anglia.ac.uk
The Essex Financial Aid and Advice Team offer a free, confidential
and friendly service and are situated on the 2nd Floor, Tindal,
Rivermead Campus
Drop-in sessions and appointment sessions are available. For an
appointment please contact:
Student Support Services Reception 01245 493131 ext 4240/4242
Senior Student Money Adviser
17
Bridget Searle
Telephone 01245 493131 ext 4290
Email: b.searle@anglia.ac.uk
Student Money Adviser
Sheryl Wilby
Telephone 01245 493131 ext 4289
Email: s.wilby@anglia.ac.uk
6.8
Students' Union Advice Service
Anglia Ruskin Students' Union offers advice, assistance and
representation that is free and confidential, to all students of Anglia
Ruskin University.







Advice is free, confidential, independent and impartial.
The Advice Service offers support on a wide range of issues,
including those relating to academic problems i.e. appeals,
complaints, disciplinary proceedings etc., where the SU Advice
Service is the only independent source of advice to Anglia Ruskin
University students.
Other issues covered are harassment, bullying and support/access
for students with disabilities.
We have contacts within the University and in the wider domain
should additional help be required.
We provide representation for individuals and groups of students' to
the University.
We can help support students in finding ways to cope with
loneliness, homesickness and isolation. The SU has many
opportunities to get involved through Clubs and Societies and
events that it organises.
We provide a range of leaflets that are designed to interpret the
Rules and Regulations of the University in a reader-friendly way.
These are available from SU Advice Services, in Hand-in Centres
and on our web site: www.angliastudent.com. For information,
follow the link for ‘Support’ and ‘Represent’.
The Advice Service is available throughout the year. Appointments and dropin services are available during semesters and an Adviser will see students as
soon as possible – locations and contacts are as follows:
Cambridge: E-mail cambs.advice@angliastudent.com
1st floor Helmore (HEL123) telephone 01223 460008
Essex: E-mail essex.advice@angliastudent.com
Rivermead Campus: 1st floor Tindal (TIN108) telephone 01245 258178
Central Campus: 1st floor Johnson (J116) telephone 01245 258178
18
7.
What to do if a student refuses help
7.1
If a student refuses help there may be little you can do except re-iterate
your advice that you think they need help. If the student is not willing to
accept or seek help do not ask insensitive or intrusive questions.
7.2
If a student is behaving in a disturbing manner, but says there is not a
problem, it may not be possible to resolve a situation until it reaches
crisis point.
See Appendix 2 How to recognise when there may be a difficulty.
7.3
If a student in crisis is refusing help
 keep accurate notes of all meetings and advice given
 consider informing your line manager of your contact with the
student
 consider contacting the student again, possibly the next day. Once
the heat has been taken out of a situation the student may see
things differently.
7.4
If a student’s behaviour is giving cause for concern and seriously
disrupting other students it is advisable to:
 let the student know that their specific, significantly inappropriate
behaviour is not acceptable
 inform your line manager
 decide who needs to take responsibility for further action, if
necessary
 convene a meeting of staff involved (which may include the Dean of
Faculty or Associate Dean, Student Experience) to discuss the best
way of dealing with the situation in the interests of the student and
the wider student community.
7.5
If a student appears to be seriously mentally ill and is declining help
it may be advisable for a member of staff to
 involve the student’s GP
 contact parents, with the student’s agreement
7.6
In extreme circumstances and where there is imminent danger to a
student or to others, the most appropriate action is to contact the
emergency services (see ‘Emergency Procedure’, section 8)
19
Procedure for situations where there is urgent concern for the safety of
the individual or others
8.1
What is an emergency situation?
It is not always easy to determine what constitutes an emergency but
situations where you may need to invoke emergency procedures
include:
 the student’s behaviour is posing an immediate risk of suicide or
harming themselves or others
 the student appears to be out of contact with reality and unaware of
their surroundings, the communications of others and the
consequences of their actions
 the student’s behaviour is sufficiently disturbing that the matter
cannot wait until the next day.
8.2
Who to contact
Depending on the situation, contact the most appropriate people below
immediately:
 Security on extension 6444
 The emergency services on (9) 999
 Cambridge – Anglia Ruskin University Medical Centre nurse or GP,
ext. 2251
 The student’s GP, if you know who this is. Out of office hours
calls to GPs are re-routed to CAMDOC, a co-operative emergency
service involving most GPs in the Cambridge area. To contact
CAMDOC telephone 01223 464242
 Essex – Campus Nurses ext. 4294
Give your name, telephone number and exact location. If the student
has taken some action towards harming themselves give information
about the nature of the self harm if possible e.g. which drug(s) have
been taken.
8.3
When dealing with an emergency try to remember the following:
 do not panic and try to remain as calm as possible
 ensure that you have support and are not alone
 be as honest and open with the student as you can
 reassure the student that there is professional help available
 let them know to whom you intend to speak and obtain their
permission
 in cases of physical risk or acute mental illness it may not be
possible to obtain permission
 try to encourage the student to remain in the university, preferably
in a private place until support arrives
8.4
Follow up
 ensure that in all situations where help has been needed urgently
that the Head of your Department and the Dean of Faculty or
Associate Dean, Student Experience has been informed as soon as
20


possible (Dean of Faculty or Associate Dean, Student Experience
can inform accommodation, counsellors, disability advisers as
appropriate)
enquiries from friends, staff, parents, media and others should be
referred to a nominated person in authority
Debriefing. Dealing with a crisis is likely to be distressing and
personally draining. Once the crisis has passed it is normal to
consider if things could have been avoided or handled differently.
Probably they could not have been. Try not to take the worry home
with you. Talk through your experience with someone you trust
such as a colleague, counsellor or chaplain. Counselling support
for staff is also available through the Personal Support Service on
the Employee Support Helpline:
Freefone 0800 072 7072
Minicom 0800 731 0302
Remember that all of the above is about helping an Anglia Ruskin
University student whose behaviour is giving cause for concern. If you
encounter somebody on campus who appears not to be an Anglia
Ruskin University student, your priority should be to ensure your own
safety and that of other members of the University. You should call for
help from Security (6444) or the emergency services (9-999) so that
the person can be escorted off campus.
21
9.
Discharge from care
9.1
When informed that a student is to be discharged from care
 When a student is being considered for discharge from a hospital
the medical practitioner officially responsible for the student (e.g.
GP, psychiatrist) should make an assessment of their needs.
 A member of staff, usually the Programme Leader, informed of the
intention to discharge a student from care should make it clear what
level of support the University can and cannot offer.
 When a student with long-term mental health problems is being
discharged after a period of in-hospital treatment, the University will
expect the medical practitioner officially responsible for the student
to certify that the student is sufficiently well to resume his/her
studies without risk of harm to him/herself or to others. While the
University can and does provide help towards resumption of
studies, it is not a therapeutic community and cannot be expected
to go beyond the measures outlined below.
9.2
Confidentiality and information
When a student is discharged from acute care consideration should be
given to who should be informed, and in particular of their medical
situation. Due regard should be paid to confidentiality when
considering who to inform and only in exceptional circumstances
should others be informed without the student’s consent.
(See section 13 on Confidentiality and Disclosure).
In general the GP practice is notified of discharge (usually afterwards)
of patients from acute care. Sometimes that can also include the
community mental health team, if community follow-up is advised.
9.3
Consideration of the student’s academic position
It is advisable that the appropriate staff member (e.g. Programme
Leader, Student Adviser) discuss with the student whether it is
advisable to resume their course immediately and in what
circumstances (e.g. with respect to academic deadlines) or whether it
would be more beneficial for the student to intermit. The possibility of
part time study can also be considered. It is important that the student
is well informed about what study options and support is available.
9.4
Helping the student to regain their academic position
Positive steps which can be taken include:
 If a student decides to resume studies immediately, the Programme
Leader can arrange frequent and regular contact with the student to
discuss how they are managing their studies.
 If a student is intermitting it is advisable to encourage and assist the
student to keep in contact with the University so that returning to
their course may not seem so daunting. Study options can be
discussed and what the student might currently do which may help
to make their return more manageable.
 In both of the above circumstances, it may also be helpful to inform
the student of the help that is also available from Student Support
Services (See section 6 on Making a Referral).
22
9.5
Considering the needs of the whole community
It is important to be aware of the effect which the student’s return to
university may have on other students and members of the university
community. A balance must be aimed for between meeting the needs
of the student who has been discharged and considering the interests
of other students.
Steps may be taken to minimise the negative effects, both on the
student and the rest of the community, of the student’s return to
university. These include:
 Talk to any of the student’s friends who have taken a significant
share in the student’s care before or after hospitalisation,
particularly to emphasise that they should not spend unduly large
amounts of time on looking after their friend. Taking care of
themselves and their own studies is just as important. A natural
desire to help as well as feelings of loyalty or guilt can lead people
to offer more than they can reasonably sustain.
 Provide details of where further support for themselves can be
accessed (e.g. counselling service, Anglia Ruskin University nurse,
chaplain).
 Recognise that it may be long after the initial demands have been
met that others may feel the greatest impact; in a crisis we can
often call upon strength in order to handle the situation, but we may
‘fall apart’ afterwards.
For external sources of support see Appendix 7.
23
10
Mitigating Circumstances and Special Examination Arrangements
10.1 Anglia Ruskin University has well-established procedures for dealing
with mitigating circumstances. These are set out in Student
Handbooks and in the Curriculum Regulations. A student in any doubt
about the application of mitigation should consult a Student Adviser in
their Faculty for advice but the Students Union (which also publishes a
useful leaflet), and Student Supports Services can also help. In
general terms, claims need to be submitted within five working days
after the relevant deadline or examination period and must be
supported by documentary evidence.
10.2 Students with a mental health difficulty of a recurring nature should
seek appropriate support. If they do not do so, the lack of such support
cannot be regarded as a mitigating circumstance, which is a procedure
intended for unexpected occurrences only.
10.3 Special examination arrangements can be made in order to respond to
the particular assessed needs of individual students. For this to
happen successfully it is important that the student approaches the
Learning Support and Disability Resource Team well in advance and
no later than the end of teaching week eight. The procedures for this
are also well-established and staff are very ready to help, but need time
in order to do so. Students with mental health difficulties should talk to
the Learning Support Team as early as possible in the semester.
24
11
Interruption of Studies
11.1
Intermission is the process by which a student suspends her or his
studies temporarily. The minimum period of intermission is one
semester. The term ‘intercalate’ is sometimes used synonymously for
intermission.
11.2
As intermission is a process that helps to assist retention and eventual
completion, there is no need for the student to seek permission unless
the period of intermission is likely to mean that the student will exceed
the maximum period of registration. However, the student should be
urged to seek academic and other advice, for example from a Faculty
Student Adviser or from Student Support Services, before intermitting
and the student must notify the University of her/his intention to
intermit.
11.3
Notification of intention to intermit is by means of Registry form R1,
which must be completed by the student and counter-signed by the
appropriate Programme Leader. It is important that a date for
resumption of studies is given. Once submitted to Registry, the
student’s status will be changed from ‘C’ to ‘I’ by Registry, and module
enrolments for the period of intermission will be deleted by the
appropriate office within Registry.
11.4
Intermitting students retain their full entitlement to Anglia Ruskin
University Library services and resources subject to formal
confirmation of their intermitting status.
11.5
Intermitting students retain their full entitlement to C&ITS services and
resources subject to formal confirmation of their intermitting status.
11.6
Intermitting students retain their full entitlement to Student Support
Services’ facilities and resources subject to formal confirmation of their
intermitting status.
11.7
Refund of tuition fees after the first three weeks of the student’s
programme is at the discretion of the University (see regulation 3.2.3.
of Rules, Regulations and Procedures for Students).
11.8
Refunds for LEA-assessed students will be made in accordance with
the national regulations for such students (see regulation 3.4 as above)
11.9
If a student fails to notify the University of her/his intention to intermit
but absents her/himself from tuition and assessment, it must be
expected that fail marks will be registered and normal academic
consequences will follow. It will not be possible to infer retrospectively
from absence that the student might have wished to intermit.
11.10 If a student reaches the end of a semester or year with very little to
her/his credit but can cite mitigating circumstances to make a
25
convincing case for this being due to factors beyond her/his control,
he/she may apply for permission to make a fresh start and thus to
study without penalty. In this case, the student is ‘repeating a year (or a
semester)’. In the case of a repeated first year, a student should be
able to obtain LEA-assessed financial support if available, and students
should be encouraged to seek advice on this from Student Money
Advisers in Student Support Services who can also provide general
financial guidance. However, this will not normally be allowed for
repeated second or third years. The decision is for an Awards Board to
take using the procedures for consideration of mitigating circumstances
[see Note of Guidance on Failure and Re-assessment]. Repeating a
semester or year indicates agreement that study was attempted
but unsuccessful and therefore fees are required for the
replacement period of study.
26
12.
Exit and Withdrawal Systems and Guidance
12.1 Students who decide to withdraw from their programmes of studies are
always urged to think through the reasons for wishing to leave and to
be sure that any decision is the right one for them. A great deal of help
and advice is available, particularly from the various teams – Careers,
Counselling, Financial Aid and Advice – within Student Support
Services. Programme Leaders and Faculty Student Advisers should
be consulted on the academic options.
12.2 Intermission (see section 11) should always be considered, but if at the
end of the day it appears that the best option is to withdraw, then we
ask the student to complete a withdrawal form (R1), preferably during a
final (exit) interview with her/his Programme Leader. This helps us to
understand the reasons for withdrawal, and this may be of assistance
in producing references, other letters of support or certification in the
future.
27
13.
Confidentiality and Disclosure
13.1
This section refers to confidentiality and disclosure of information about
a student’s mental health difficulties and requirements, to a third party.
13.2
Students as citizens, patients and clients are entitled to a high degree
of confidentiality. Statutory protection for confidentiality includes a right
to privacy under Article 8 of the Human Rights Act, 1998, and a
similar right to confidentiality under S60, Data Protection Act, 1998.
(See also ‘Duty of Care’, Appendix 1)
13.3
Staff should always consider the best interests of the student and the
wider community before thinking about discussing any confidential
matters, including those to do with a student’s mental health, with a
third party.
13.4
It is important that there is clarity and shared understanding between a
staff member and a student about the confidential nature of a
discussion of a student’s difficulties and the degree of confidentiality
which is being offered.
It is recommended that Faculties have a policy on confidentiality that
can be clearly communicated to all students, so as to avoid
misunderstanding, or apparent breaches of trust.
13.5
The student should always be asked to give consent before information
is shared. It is important that where consent is given by the student, it
is informed consent. It is necessary, therefore, to tell the student
concerned why there is a need to disclose information and the possible
consequences of giving or withholding consent e.g. explaining why
academic work might be delayed, or attendance affected.
13.6
Only those who need to know about a student’s difficulties should be
informed.
13.7
Once consent has been given, it is the responsibility of the person
passing on the information to ensure that this is carried out on the
terms agreed with the student.
13.8
Exceptionally there may be circumstances when there is a need to
pass on information without the student’s consent:
 an emergency arises in which the student cannot be asked to
consent and can only be told afterwards what has happened
 a student refuses consent to disclosure in circumstances where his
or her personal safety is at risk, the safety or rights of others are
being adversely affected, or disclosure is required by law
Before confidence is breached the student should be told what is going
to happen and why.
13.9
It is advisable in these exceptional circumstances to seek advice from
a senior colleague, possibly without disclosing the identity of the
28
student. The student should be told that the first breach of confidence
is to a particular person.
13.10 Counsellors, chaplains, general practitioners and nurses are also
bound by their own professional standards and codes of confidentiality.
(e.g. Counsellors work in accordance with the British Association for
Counselling and Psychotherapy (BACP) Ethical Framework for Good
Practice in Counselling and Psychotherapy, 2002 –
www.bacp.co.uk)
13.11 Students experiencing a long-term mental health difficulty, which has
been recognised by a general practitioner or other suitably qualified
person, at any time during their studies are encouraged to disclose this
to the University. This is particularly important if the student expects a
response to subsequent specific needs. Referral should be made to the
Learning Support and Disability Resource Team. Disclosed information
will be treated as it is in application-stage disclosure (4.4).
13.12 Students seeking advice on disclosing a recognised mental health
difficulty to potential employers (for example, post graduation) can
consult Advisers in Careers or Learning Support. University staff
members asked to write as a referee for students, and who believe a
mental health difficulty should be disclosed, should follow best practice
of consulting the student in question, seeking consent, and the
reference should be ‘open’ (seen by the student). If there is lack of
agreement on this between student and potential referee, the staff
member should decline to act as referee.
13.13 The University will disclose to placement employees on the same
‘need-to-know’ basis as it does with any other disability (with student
consent, and if there are needs that have to be addressed). This
disclosure will tend to be driven by the student.
29
14
Fitness to Practice
14.1
Fitness to Practice Policy
The University's Fitness to Practice Policy covers professional course
programmes that qualify students for professional accreditation by a
professional body external to the University, in relation to which there
exists a duty of care to protect the public by setting standards for
professional practice, overseeing the education of students, and taking
action when fitness to practice is in doubt.
This policy applies when concern is raised about the fitness to practice
of a student. It is designed to ensure that appropriate action is taken in
the best interests of the public, the profession, and the student in
question.
14.2
Possible Issues Giving Rise to Concern
Issues giving rise to concern will vary from profession to profession but
may include:
 Criminal convictions
 The relevance of information previously not declared which raises
questions of professional suitability
 Allegations of inappropriate behaviour
 Psychiatric illness
This list is not intended to be exhaustive.
14.3
Procedure for Dealing with Concern
A statement of policy on procedure, referral to the Fitness to Practice
Committee, including its procedures and powers, and on a student's
right of appeal can be found in Appendix 6.
For admissions procedures relating to professional courses see
4.3 Professional Course Programmes.
30
15
Disciplinary Procedures
15.1 The University recognises that there may be cases in which students
with mental health difficulties behave in such a way as to cause
disruption or distress, which in turn means that formal action has to be
considered (see Appendix 3 Section 4.5).
15.2 In such cases we need to make sure that the student has been offered
appropriate support and that this has been taken up. If so, and if
problems remain, the student should be asked to discuss her/his
anxieties, the behaviour in question and further support needs. Among
those who can help in this regard would be the Learning Support and
Disability Resource Team, Counsellors, the Faculty Student Adviser or
Programme Leader.
15.3 It will be important to make the student aware of the effect her/his
behaviour may be having on others and to secure an agreement to
modify it. As part of this discussion the student should be reminded
that the Students’ Union Advice Service can also help, but crucially can
also assist with advocacy should disciplinary action ensue.
15.4 If the above process cannot be carried out, or if an agreement to
modify behaviour is not maintained, disciplinary procedures may follow.
Where mental health difficulties are concerned, they will normally be
initiated for the prevention of disruption or distress and in
circumstances in which the safety of the student or of others appears to
be at risk. Those initiating such procedures will be asked to seek
advice from appropriate persons concerning the applicability of
disciplinary procedures in the particular context of the student’s
difficulties.
31
16
Staff Training and Development
The University regards staff training and development as the key to
ensuring that its mental health policy and code of practice are
embedded in Anglia Ruskin University systems and procedures. A
programme of on-going staff training is currently being undertaken and
is aimed at raising awareness at individual, departmental, and
University level:
 An A-Z Guide: Supporting Students: Referral Checklist for Personal
Tutors and Administrative Staff produced by the Students’ Union,
Student Support Services and Chaplaincy – forms the basis of staff
development on recognising difficulties that students may be
experiencing and on referral to specialist services.
 In the first instance, the A-Z Guide has been introduced on a one-toone basis to Field Leaders, Directors of Studies and Heads of
Departments, who in turn have cascaded it to personal tutors and
other academic staff in their Fields.
 At a functional level, the training of staff who are employed in frontline services which have regular student contact needs to be
delivered within each department, including Library, Reception,
Security, Accommodation, Halls of Residence, Faculty Offices,
International Office, Campus Management.
 On a University level, all staff should be provided with up-to-date
information on Anglia Ruskin University’s mental health policy and
Code of Practice during Induction training.
The A-Z Guide can be found at:
http://web.anglia.ac.uk/anet/staff/stu_support.phtml
32
Appendix 1
Definition of ‘Duty of Care’ in a Higher Education Environment 1
There are a number of areas in which higher education institutions may
potentially owe a duty of care to students. The following is a brief outline of
these areas and an indication of the implications for HEIs, with particular
reference to student mental health. The legal context outlined here refers
principally to England and Wales.
Breach of Contract
It is generally considered that a contract exists between a student and their
institution. Students therefore will have potential claims if the institution
breaches that contract. If an institution refers to certain conditions in its
enrolment procedures and documents, it is likely that these, along with some
other codes and regulations, would form part of the contract. In addition, there
could be expressed or implied duties on an institution relating to the provision
of the academic course and the provision of educational support to students.
It is therefore crucial that publicity and other material, for example the
prospectus, the Disability Statement, the Student Charter and course
handbooks, give an accurate picture of the academic and other support
available, and accurately reflect provision at that institution. Students enrolling
will normally receive a copy of relevant regulations and codes; students
should be made aware that they are ‘signing up’ to these and are therefore
expected to abide by provisions contained in them. The institution should be
aware that it is perhaps more likely to be challenged over the ‘implied terms’
inherent in the range of materials that could be considered to comprise the
contract, rather than those contained within formal regulations: it should vet
these other documents just as thoroughly.
Where a student has discussed support needs prior to entry the precise level
of available support should be agreed, in writing if possible. If the student
subsequently alleges breach of contract, the explicitness of the agreement will
be crucial. If HEIs are unable to carry out this assessment pre-entry, either
because the student has not made his/her needs known, or for other reasons,
the contract will probably rest on the implied terms only. There is a term
implied in all contracts for the provision of services that the supplier will supply
the services with reasonable care and skill (Supply of Goods and Services
Act 1982, Section 13). Where the institution decides to provide a service
such as student support, residential and counselling services, then there is
likely to be an implied duty that these should operate with reasonable care
and skill.
AMOSSHE Good Practice Guide: Responding to Student Mental Health Issues: ‘Duty of
Care’ Responsibilities for Student Services in Higher Education.
1
33
Liability for Negligence
Students may have potential claims for negligence against an institution if the
institution breaches its duty of care. To establish negligence the claimant must
establish:
 The institution owes a duty of care to the student in relation to the subject
matter in question; a duty of care would only exist where the parties have
a close or proximate relationship (which is often likely to be the case
between the institution and student), where the loss caused to the student
was reasonably foreseeable by the institution and where it is just and
reasonable to impose a duty;
 The institution failed to comply with its duty of care;
 The failure to comply with the duty of care caused quantifiable loss.
Where students are injured on the institution’s premises, students can call on
the Occupier’s Liability Act 1957. The effect of this legislation is that
occupiers of premises owe a duty of care to visitors to the premises to ensure
they are reasonably safe. Therefore, the institution owes a duty to take care
for the safety of students while they are on institution premises. Students
could sue the institution if it breaches this duty and the breach causes injury
or loss to the student.
The Health and Safety at Work Act (1974) defines the duties of employers,
in so far as is reasonably practicable, to ensure the health, safety and welfare
at work of their employees. HEIs will normally have a Health and Safety policy
based on this Act and on the Management of Health and Safety at Work
Regulations (1992). Institutional policies will normally require that all
employees shall accept their delegated responsibilities under the Act to
ensure a safe working environment. Staff shall have regard to issues of
health, safety and general welfare of all people lawfully on the premises, but
specifically with regard to each person’s area of work and their remit in that
area. Students and employees alike may be disciplined for failure to comply
with this duty of care, and action can be taken against contractors and visitors
who breach the policy.
Standard of Care
In terms of the standard of care owed to students, the general principle is that
the institution has a duty to take ‘reasonable care’. In relation to those in any
profession or job, the standard expected is said to be the standard of an
‘ordinary person exercising and professing to have the special skill in
question.’ It is therefore important that institutions ensure that those
members of staff, such as tutors, hall managers, wardens, student support
personnel, whose work involves pastoral contact with students receive
appropriate training to carry out their duties with reasonable care. It is
necessary, too, to ensure that all categories of staff are clear as to when
and how matters should be referred on to specialist services or
agencies, whether or not these are within or outside the institution2.
34
Ideally, this awareness of referral practice should be underpinned by the
implementation of clear procedures, which assign specific responsibilities for
ensuring that students are appropriately supported and referred. These
procedures should indicate clearly the limitations of institutional support and
highlight where it may be necessary to seek support or intervention from
outside agencies and bodies, and the action to be taken.
It should be noted that there may be an enhanced standard of care owed to
particular groups of students who may be considered more vulnerable,
for example those who are under the age of 18 years, students who have
disabilities and other special needs, and international students.
Breach of Statutory Duty
Students could sue the institution for discrimination under the Sex
Discrimination Act (1975) or the Race Relations Act (1976). The Human
Rights Act (1998) may bring additional rights for students, which could be
enforced against the institution. In particular, the Act gives all individuals rights
of freedom of thought, conscience and religion, freedom of expression,
freedom of assembly and association, the right to respect for private and
family life and, to some degree, prohibits most forms of discrimination. The full
implications of this new Act are still to be clarified.
A further aspect of statutory duty is in relation to the Disability
Discrimination Act (1995) and the Special Educational Needs and
Disability Act (2001), which came into force in 2002. HEIs should take care
not to discriminate against students with mental health conditions either in
terms of admission to courses or in the provision of education and support
services. Clear procedures are therefore required at the point of admission to
ensure that appropriate and responsible decisions are made regarding the
institution’s ability to meet the needs of individual students who identify mental
health support requirements. In some cases, professional body entry
requirements will impact on these duties.
The Data Protection Act (1998), which came into force on 1 March 2000,
strengthens the rights of data subjects in respect of personal data held about
them by others. Most HEIs have reviewed, or are reviewing, their student
information handling and record keeping practice in light of the changes
brought about by this Act. The Joint Informations Systems Committee (JISC)
has prepared a Code of Practice on the Data Protection Act for further and
higher education communities (see Appendix 4 for reference). The Code
covers key issues for the HE and FE sectors in complying with the Act and
includes reference to several aspects relevant to the student support context.
2
See Supporting Students: Referral Checklist for Staff, An A-Z Guide, see also Appendix 4.
35
Judicial Review
A student may be able to seek judicial review, or in a chartered institution
outside Scotland, appeal to the Visitor if the institution fails to follow proper
procedures, acts outside its power or acts irrationally or arbitrarily. Examples
of this would be if the institution failed to follow its disciplinary procedures in
removing a student from the institution or if an examining board failed to follow
a proper process in awarding degrees. A judicial review of a decision is not
easily obtained, but if granted, may quash decisions taken and require correct
procedure to be followed.
The Quality Assurance Agency’s (2000) Code of Practice for the Assurance of
Academic Quality and Standards in Higher Education: ‘Section 5: Academic
Appeals and Student Complaints on Academic Matters’ identifies in its
precepts the general features that it would expect an HEI’s internal complaints
and appeals procedures to be able to demonstrate. It is likely that these
precepts would be taken into account by a Court in considering applications
for judicial review.
An institution’s procedures should not arbitrarily be invoked to take
inappropriate action against students with mental health difficulties. There is a
particular danger, for example, that some students whose mental state
causes them to exhibit disturbing behaviour might be inappropriately subject
to disciplinary action as a means of exclusion from the institution. HEIs should
consider establishing specific protocols or regulatory procedures that
encourage or, in extreme cases, require students to suspend their studies if it
is clear that their state of physical or mental health is affecting their ability to
take full advantage of educational opportunities, or is causing significant
disruption or distress to others. In drawing up such protocols, due care should
be exercised to ensure that entitlement to statutory sources of financial
support is not undermined.
December 2001
36
Appendix 2
How to Recognise when there may be a Difficulty
It is considered to be unhelpful to categorise types of mental health difficulty in
this context but the following may be indicators that the student is
experiencing difficulties.
Behaviour
 absenteeism
 change in attendance pattern
 change in study patterns e.g.
doing considerably less or more
work
 agitation
 seeking increased support or
withdrawing from contact
 inappropriate/disrupting/disturbing
behaviour
Mood
 loss of interest/exaggerated
interest
 sad/miserable
 excitable/restless/fidgety
 swings in mood
 angry
Appearance
 unkempt/self neglect
 noticeable smell of
alcohol/cannabis
 marked weight loss/increase
 marked change in appearance
 particularly drawn/tired looking
Other Indicators
 the student tells you something is
troubling them
 other students/housemates/staff
are voicing their concerns
 something about what the student
is saying or doing may make you
feel uneasy/concerned about them
 recent disruptive/traumatic events
CAVEAT:
These indicators should be interpreted with caution. Many
people have personalities that may be, for example, naturally anxious,
withdrawn or volatile. It is often when normal patterns of mood or behaviour
change or behaviour becomes more extreme that concern is generated
about a student. So these indicators can be used simply as a trigger to
explore with the student what they think may be the matter and encourage
them to seek help if appropriate.
REMEMBER:
the key message is “if in doubt or worried, seek
advice”. In this way you can be assured that you are discharging your duty
of care.
37
Appendix 3
The Legal Position
This Appendix contains extracts from a Code of Practice published by the
Disability Rights Commission (DRC), a full copy of which is available on the
DRC’s website: www.drc-gb.org. The sections reproduced below are those
that refer to issues relating to mental health and the original paragraph
numbering has been retained. (N.B. The full legal position can only be gauged
by consulting the full document).
The Disability Discrimination Act 1995 (as amended by the Special
Educational Needs and Disability Act 2001 (SENDA))
DRC Draft Code of Practice (Post 16)
New duties (from 2002) in the provision of post-16 education and related
services for disabled people and students.
Forward
This Code of Practice deals with the duties placed on providers of post-16
education and other related services in Great Britain by the Disability
Discrimination Act 1995 as amended by the Special Educational Needs and
Disability Act 2001. The Disability Discrimination Act makes it unlawful for
bodies responsible for such provision to discriminate against disabled
students and other disabled people.
The new duties are introduced in three stages:



the main new sections of the Act were implemented from 1st
September 2002. From this date it became unlawful to discriminate
against disabled people or students by treating them less favourably
than others. In addition, responsible bodies are required to provide
certain types of reasonable adjustments to provision where disabled
students or other disabled people might otherwise be substantially
disadvantaged
from 1 September 2003 responsible bodies are also required to make
adjustments that involve the provision of auxiliary aids and services,
and
from 1 September 2005 responsible bodies are required to make
adjustments to physical features of premises where these put disabled
people or students at a substantial disadvantage
38
Table of Contents
(giving paragraph numbers & showing only the headings included in this
extract)
1 Introduction
1.1 The purpose of the post-16 sections of SENDA 2001
1.2 Purpose of the Code
1.7 Status of the Code
1.13 Examples in the Code
1.18 Further information
2 What do the post-16 sections of the Act do?
2.1 Who has rights under the post-16 sections of the Act?
2.9 Who has responsibilities under the post-16 sections of the Act?
2.10 A responsible body’s legal liability for the actions of its employees
2.13 What activities do the post-16 sections of the Act affect?
2.17 What is discrimination?
3 What sort of provision is covered by the post-16 sections of the
Act?
3.9 Admissions and exclusions
3.10 Services
3.17 What about students who are not completing an entire course?
4 The duty not to treat people ‘less favourably’
4.1 What is unlawful?
4.3 Less favourable treatment
4.11 Less favourable treatment in admissions
4.14 Less favourable treatment in exclusions
4.15 Less favourable treatment in the provision of services
4.17 Must a responsible body know that a person is disabled?
4.22 Can a responsible body justify less favourable treatment?
4.24 The general approach to justification
4.26 The maintenance of academic standards
4.28 The maintenance of other prescribed standards
4.29 Prescribed types of treatment and treatment in prescribed
circumstances
5 The duty to make reasonable adjustments
5.5 To whom is the duty to make reasonable adjustments owed?
5.8 What adjustments might responsible bodies need to make?
5.9 How long does the duty continue?
5.10 Disclosure and reasonable steps
6 Determining what is reasonable
6.2 Determining what is reasonable
6.3 The need to maintain academic or other prescribed standards
6.7 The financial resources available to the responsible body
6.16 The relevant interests of other people including other students
6.18 Confidentiality and reasonable steps
39
9 What happens if there is a dispute under the Act?
9.1 Raising a complaint
9.2 Conciliation
9.5 What happens if a dispute cannot be resolved?
9.6 Where to go for information and advice
10 Links to other legislation and responsibilities
10.2 The Data Protection Act 1998
Appendix One:
The meaning of disability
Appendix Three:
Other publications
1 Introduction
The purpose of the post-16 sections of the Special Educational Needs
and Disability Act 2001
1.1 The Disability Discrimination Act 1995, which places requirements on
employers and service providers not to discriminate against disabled people,
did not originally include similar requirements for education. Part IV of the
Disability Discrimination Act (DDA) placed a requirement on some post-16
education funding bodies to request disability statements from institutions not
to discriminate against disabled people or students. The Special Educational
Needs and Disability Act 2001 amends the Disability Discrimination Act 1995.
The new post-16 sections of the DDA deal specifically with education and
training and with related services such as, in England and Wales, the
statutory youth service. From the implementation of this legislation, bodies
responsible for provision of education and other related services are required
not to discriminate against disabled students and other disabled people.
1.2 The principle behind this legislation is that disabled people should have
the same opportunities as non-disabled people to benefit wherever possible
from whatever education or other related provision is available.
Purpose of the Code
1.3 This Code of Practice (Code) gives practical guidance on how to avoid
discrimination against disabled people and students wanting to access
education or other related provision. It describes the duties on the bodies
responsible for this provision. The Code also helps disabled people to
understand the law and what they can do if they feel they have been
discriminated against.
1.4 The Disability Rights Commission (DRC) has prepared and issued this
Code under the new legislation. It applies to the post-16 sections of the
40
legislation, and to England, Wales and Scotland. The pre-16 sections of the
legislation are not covered in this Code, but in a separate Schools code.
1.5 This Code deals only with how to avoid unlawful discrimination against
disabled people and students. Those who work with disabled people in
education and training or the provision of youth or community services are
encouraged to go beyond mere compliance with the law and work towards
eliminating discrimination in these services altogether. Advice on good
practice in some specific aspects of post-16 provision is being produced in
relation to this legislation, and further details are available in Appendix
Three: Other publications.
Status of the Code
1.7 The Code does not impose legal obligations. Nor is it an authoritative
statement of the law – that is a matter for the courts. However, the Code can
be used in evidence in legal proceedings under the Disability Discrimination
Act. Courts must take into account any part of the Code that appears to them
relevant to any question arising in those proceedings. If bodies responsible for
post-16 education or other related provision follow the guidance in the Code, it
may help to avoid an adverse judgement by a court in any proceedings.
Examples in the Code
1.13 Examples of how the Act is likely to work are given in italics. They are
intended simply to illustrate the principles and concepts used in the legislation
and should be read in that light. The examples should not be treated as
complete or authoritative statements of law. It is not possible to offer
generalised solutions. Individual circumstances will always require individual
solutions. Changes to specific circumstances in any examples given might
well change the solution or outcome.
Further information
1.18 Free information about the Act can be obtained by contacting the DRC
Helpline:
Telephone 08457 622 633
Textphone 08457 622 644
Faxback service 08457 622 611
The Codes are also available on the Internet at:
www.drc-gb.org
41
2
What do the post-16 sections of the Act do?
This chapter provides a summary of the post-16 sections of the Act and their
implications for disabled people and providers of further, higher, adult and
community education and the statutory youth service. It explains what is
meant by ‘discrimination’, what type of provision will be covered, and what
action responsible bodies need to take to ensure that disabled people are not
discriminated against.
Who has rights under the post-16 sections of the Act?
2.1 The Act applies to people who are disabled according to the definition of
disability in the Disability Discrimination Act 1995. A disabled person is
someone who has a physical or mental impairment, which has an effect
on his or her ability to carry out normal day-to-day activities. That effect
must be:



substantial (that is, more than minor or trivial), and
adverse, and
long-term (that is, has lasted or is likely to last for at least 12 months or for
the rest of the life of the person affected)
2.2 Physical or mental impairment includes sensory impairments.
Hidden impairments are also covered (for example, mental illness or mental
health problems, learning difficulties, dyslexia and conditions such as diabetes
or epilepsy). People who have had a disability within the terms of the Act in
the past continue to be protected from discrimination even if they no longer
have the disability. People with severe disfigurements are also covered.
2.6 The Act applies to any disabled people who are enquiring about or
applying to a course, any disabled students attending, undertaking or enrolled
on a course, and to any disabled people using the statutory service or
education authority-secured recreational or training facilities.
Who has responsibilities under the post-16 sections of the Act?
2.9 The legal responsibility for ensuring that discrimination does not take
place lies with the responsible body for the provision. responsible bodies are
defined in Appendix Two.
A responsible body’s legal liability for the actions of its employees
2.11 Under the Act, responsible bodies are legally responsible for the actions
of their employees in the course of their employment. An employee who
discriminates against a disabled person or student will usually be regarded as
acting in the course of their employment, even if the responsible body has
issued express instructions not to discriminate.
42
2.12 In some cases individual employees may also be legally liable for their
own actions. This is explained further in Chapter 8.
What activities do the post-16 sections of the Act affect?
2.13 The Act makes it unlawful for a responsible body to discriminate against
a disabled person
-in admissions or enrolments of students
-in the terms on which admissions or enrolment offers are made
-by refusing or deliberately omitting to accept an application for admission or
enrolment
-in the provision of services provided wholly or mainly for students or those
enrolled on courses
This includes provision such as courses of education, training or recreation,
leisure and catering facilities or accommodation.
2.14 Responsible bodies of institutions have an additional duty not to
discriminate against disabled students by excluding them temporarily or
permanently from the institution on the grounds of their disability.
What is discrimination?
2.17 According to the Act, discrimination can occur in two ways.
-When a responsible body treats a disabled person less favourably for a
reason relating to the person’s disability, than it treats (or would treat) a
person to whom that reason does not, or would not, apply and that treatment
cannot be justified.
(There is more information on less favourable treatment in Chapter 4.)
-When a responsible body fails to make a reasonable adjustment when a
disabled student is placed, or likely to be placed, at a substantial
disadvantage in comparison with a person who is not disabled.
(There is more information on reasonable adjustments in Chapters 5 and 6.)
3
What sort of provision is covered by the post-16 sections of the
Act?
This chapter explains which activities and provision are covered by the post16 sections of the Act and which are not.
Admissions and Exclusion
3.9 It is unlawful for a responsible body to discriminate against a disabled
person:
-by refusing or deliberately omitting to accept an application for admission or
enrolment.
43
Example 3.9D A university has many applications for a popular course. In
order to cut down the numbers that the admissions tutor has to look through,
the administrator set to one side all applications from disabled students.
These applications are considered only if places remain after all other
applicants have been considered. This is likely to be unlawful.
3.10 It is also unlawful for a body responsible for an educational institution to
discriminate against disabled students by excluding them temporarily or
permanently from the institution on grounds of their disability.
Example 3.10A A college learns that a student admitted himself to hospital
during the holidays because of an ongoing mental health difficulty. The
college excludes the student from the institution because staff fear he may be
dangerous. The college has no evidence that the student will be dangerous;
staff have simply made an assumption. This is likely to be unlawful.
Services
3.11 It is unlawful for bodies responsible for educational institutions to
discriminate against disabled students in the provision of ‘student services’.
‘Student services’ are any services that an institution provides or offers to
provide wholly or mainly for students attending or undertaking courses.
3.14 Services will vary from one provider to another, but might include for
example:
-teaching, including classes, lectures, seminars, practical sessions
-examinations and assessments
-field trips
-arranging study abroad or work placements
-outings and trips
-research degrees and research facilities
-informal/optional study skills sessions
-short courses
-day or evening adult education classes
-training courses
-distance learning
-independent learning opportunities such as e-learning
-learning facilities such as classrooms, lecture theatres, laboratories, studios,
dark rooms etc.,
-learning equipment and materials such as laboratory equipment, computer
facilities, class handouts, etc.,
-libraries, learning centres and information centres and their resources
-information and communication technology and resources
-placement finding services
-careers advice and training
-careers libraries
-job references
-job shops and employment finding services
-graduation and certificate ceremonies
44
-leisure, recreation, entertainment and sports facilities
-the physical environment
-chaplaincies and prayer areas
-health services
-counselling services
-catering facilities
-campus or college shops
-car parking
-residential accommodation
-accommodation finding services
-financial advice
What about students who are not completing an entire course?
3.17 A student does not have to be undertaking a complete course o have
rights under the Act. Someone who is enquiring about, applying to, attending
or undertaking a course of study at an educational institution, however long or
short the study period, is covered. Similarly, anyone enquiring about, applying
to or enrolled on a course or using recreational or training facilities provided
by a local education authority or education authority is protected by the Act.
Example 3.17A A disabled student from the USA comes to a university in
Britain to undertake a year’s study for her junior year abroad. The British
university has a duty not to discriminate against her during her period of
study.
4
The duty not to treat people ‘less favourably’
This section explains what is meant by the duty not to treat people less
favourably for a reason relating to their disability. Treating people less
favourably is one of the two ways in which discrimination can occur. It
explains how not knowing about a person’s disability may affect a responsible
body’s responsibilities, and gives examples of when less favourable treatment
may be justified.
What is unlawful?
4.1 The Act makes it unlawful for a responsible body to discriminate against a
disabled person:
-in the arrangements it makes for determining admissions to the institution or
enrolments to a course
-in the terms on which it offers to admit or enrol the person
-by refusing or deliberately omitting to accept an application for admission or
enrolment on grounds of their disability
-by excluding the person temporarily or permanently from an institution on
grounds of their disability
-in the provision of services
45
4.2 One form of discrimination is to fail to make reasonable adjustments
where existing arrangements or provision of Services place disabled students
at a substantial disadvantage. The duty to make reasonable adjustments is
considered in Chapter 5. Another form of discrimination is for a responsible
body to treat a disabled person less favourably, for a reason relating to the
disability, than it treats (or would treat) a person to whom that reason does not
or would not apply without justification.
Less favourable treatment
4.3 A responsible body discriminates against a disabled person if it treats him
or her less favourably, for a reason relating to his or her disability, than it
treats, or would treat, someone else to whom that reason does not, or would
not, apply. In some cases, less favourable treatment may be justified.
Justifications are considered later in this chapter. The reason for the less
favourable treatment must relate to the disabled person’s disability. The duty
not to discriminate against disabled people or students by treating them less
favourably came into force on 1 September 2002.
4.5 If the treatment is caused by the fact that the person is disabled, then the
treatment ‘relates to’ the disability. This is the case even if other people are
also treated unfavourably for a broadly similar reason. This means that a
disabled person will have been treated less favourably if he or she would not
have received the treatment but for the disability. Treating a disabled person
less favourably cannot be excused on the basis that another student who
behaved similarly would be treated in the same way.
Example 4.5A A student’s disability has caused her to take time off and miss
three sessions of her course. A college requires all students who miss three
lessons to take the course again, and several of the disabled student’s
classmates are told they must take the course again. However, but for the
disability, the student would not have missed any lessons. In this case,
therefore, the appropriate comparison is with someone who has not had to
take time off. Removing her from the course because of her absence would
probably be less favourable treatment for a reason relating to her disability,
and would be likely to be unlawful. It may be the case, however, that the
college could justify this treatment because of academic and other standards
(see Chapter 6).
Example 4.5B A student with Tourette’s Syndrome is excluded from college.
The reason given is that he has used verbally abusive language in
conversations with lecturers. Swearing at members of staff is against the
college regulations and other students have been excluded in the past for
abusive language. However, involuntary swearing is part of the student’s
disability. In this case, therefore, the appropriate comparison is with someone
who does not swear at staff. In the case of this student, therefore, the
exclusion was due to the disability and is likely to be unlawful.
4.6 The Act does not, however, provide a general excuse for disabled people
or students to behave in disruptive or antisocial ways.
46
Example 4.6A A disabled student has been asked to leave the university’s
residential accommodation because of the number of noisy parties he has
been holding which have been disturbing other students. The reason for
asking him to leave is his disruptive behaviour and is not related to his
disability, and so is likely to be lawful.
4.10 There must be a connection between the less favourable treatment and
the person’s disability for the treatment to be discriminatory.
Example 4.10A A student with epilepsy is told she cannot go on a trip to the
theatre organised by the college. No other students are prevented from going
on the trip. The reason for her exclusion is that she has still not paid the
money she owes for the previous theatre trip. The reason for the less
favourable treatment is not related to the student’s disability and so is unlikely
to be unlawful.
Less favourable treatment in admissions
4.11 The post-16 sections of the Act make it unlawful for a responsible body
to treat a disabled person less favourably in the arrangements it makes for
determining admissions to the institution or enrolments to courses
4.12 It is also unlawful for a responsible body to treat a disabled person less
favourably in the terms on which it offers to admit or enrol a person
Less favourable treatment in exclusions
4.14 It is unlawful for the bodies responsible for educational institutions to
treat disabled students less favourably in excluding them temporarily or
permanently from the institution for a reason relating to their disability.
Example 4.14A A student with a known history of bi-polar disorder is excluded
from college because staff fear he may become disruptive in the future. They
have no evidence to substantiate this fear and he has not broken any of the
college regulations. This is likely to be unlawful.
Less favourable treatment in the provision of services
4.15 It is unlawful for bodies responsible for educational to treat disabled
students less favourably in the provision of student services to students.
Must a responsible body know that a person is disabled?
4.17 For a responsible body to discriminate against someone by treating him
or her less favourably because of a disability, it needs to know about the
disability. If the responsible body did not know and could not reasonably have
known that a person was disabled, then the disabled person has not been
treated less favourably for a reason related to the disability. In order to claim
lack of knowledge about a disability, the responsible body must have taken
47
reasonable steps to find out about the person’s disability. The Government
has issued guidance on reasonable action responsible bodies should take to
find out about people’s disabilities (see Appendix Three).
Example 4.17A A student has a mental health problem and because of the
medication she is on, finds it difficult to get to her first morning class. After
several weeks during which she has missed all her morning classes, and
without approaching the student to find out why she has not turned up, the
college decides to remove her form the course. The institution has not taken
reasonable action to find out whether the student’s failure to attend is due to a
disability, and so is likely to be acting unlawfully.
Example 4.17B In the same situation the tutor approaches the student and
asks her in private if there is any reason preventing her from coming into her
first class. The student denies that there is any particular reason for her nonattendance. The college decides to remove her from the course. This is
unlikely to be lawful.
4.18 If a disabled person has told someone within the institution or service
about his or her disability, then the responsible body may not be able to claim
that it did not know.
Example 4.18A In the same situation, the student tells her tutor that she is
seeing a therapist and has some medication. Although the tutor knows that
the student might have a disability under the Act, he does not pass this
information on to the head of department who is making the decision about
the student’s continuation on the course. The college cannot claim that it did
not know about the disability and so is likely to be acting unlawfully if it
removes her from her course.
4.19 A responsible body should be proactive in encouraging people to
disclose a disability. This might involve asking applicants to courses to
declare their disabilities on application and enrolment forms. It may mean
publicising the provision that is made for disabled people, or providing
opportunities for students to tell tutors/teachers or other staff in confidence. It
might involve asking students when they apply for examinations whether they
need any specific arrangements because of a disability. It might mean
explaining to students the benefit of disclosure and how this information will
be kept confidential. It means ensuring that the atmosphere and culture at the
institution or service is open and welcoming so that disabled people feel safe
to disclose a disability. If the responsible body might reasonably have known
or found out about a person’s disability using any of these strategies, then it
cannot claim that it did not know.
Example 4.19A A man with a medical condition that causes fatigue applies to
a university for a postgraduate degree. The application form does not ask
whether he has a disability. He attends an interview, at which he appears very
listless because he is tired from the journey, and the selectors turn him down
because of this. The admissions office might reasonably have known that the
applicant had a disability if it had asked him on the application form. Because
48
this information could have been known, the selectors’ treatment of the
applicant is likely to be unlawful.
4.21 In some cases, the disabled person may have told someone in
confidence about their disability. In this case, the responsible body might
argue that it could not reasonably have known.
Example 4.21B A student visits the counselling service and tells the
counsellor that she has recently contracted MS and this is distracting her from
her work. Counsellors subscribe to their own code of confidentiality as part of
their profession and this is made clear to the student. Because of this, the
counsellor does not pass this information on to other staff. The student does
not tell anyone else in the institution that she has a disability. The institution
could claim that it did not know of the student’s disability. For more
information on confidentiality, see Chapter 6.
Can a responsible body justify less favourable treatment?
4.22 A responsible body should not be looking for reasons or excuses to
discriminate against disabled people or students. It is in the responsible
body’s own best interests to see that provision is accessible. However, in
limited circumstances, this does permit responsible bodies to justify treating a
disabled person less favourably than other people. If the responsible body can
show that the treatment in question is justified, then the treatment is not
considered discriminatory in law.
4.23 Less favourable treatment may be justified only if one of the following
conditions is fulfilled:
-it is necessary to maintain academic standards
-it is necessary to maintain other prescribed standards
-it is of a prescribed type
-it occurs in prescribed circumstances
-the reasons are both material to the circumstances of the particular case and
substantial
The general approach to justification
4.24 If a disabled person or student can show that he or she has been treated
less favourably than others for a reason relating to his or her disability, it is for
the responsible body to show that the action taken was justified. The
justification must fall within one of the categories listed in paragraph 4.23.
4.25 The responsible body can only use one of these justifications if the
justification would still be valid even after a reasonable adjustment had been
made. For more information on reasonable adjustments, see Chapters 5 and
6.
Example 4.25A A college gives a disabled student a poor mark for his exam.
The student experiences fatigue and cannot concentrate for long periods The
college is aware of this. The reason why he has performed badly in his
49
examination is related to his disability and so he has been treated less
favourably. The college tries to justify treating the student less favourably by
arguing that this is necessary for maintaining academic standards. However,
the college failed to make a reasonable adjustment for the student by allowing
him short rest breaks. The college cannot use the justification because they
could have made an appropriate reasonable adjustment.
The maintenance of academic standards
4.26 The Act does not require a responsible body to do anything that would
undermine the academic standards of a particular course. A responsible body
may be able to justify less favourable treatment if it is necessary to maintain
these standards.
Example 4.26A A young man with learning difficulties applies to do a Biology
degree. He does not meet the entry requirements for the course. The
university talks to the college where the student had been previously studying
and concludes that, even if reasonable steps were taken to eliminate any
disadvantage caused by his disability, there would be no prospect of him
completing the degree course successfully. Although the lack of entry
requirements is related to the man’s disability, the institution is likely to be
justified in rejecting his application because to accept him would be to
undermine the academic standards of the course.
4.27 Academic standards cannot be used as justification for barring whole
groups of disabled people from courses. Any justification has to be relevant to
the academic standards of a particular course and to the abilities of an
individual person.
Example 4.27A A severely dyslexic student applies to take a course in
journalism. She does not have the literacy necessary to complete the course
because of her dyslexia. The college rejects her, using the justification of
academic standards. This is likely to be lawful.
Example 4.27B The college now introduces a policy of rejecting all dyslexic
applicants to journalism. The policy does not allow course selectors to
consider different levels of dyslexia, the ability of the individual applicants or
the range of possible adjustments. This is likely to be unlawful.
The maintenance of other prescribed standards
4.28 Not all the requirements for particular courses are academic ones. A
responsible body may be able to justify less favourable treatment because it
was necessary to maintain these other standards. The standards that are
appropriate to consider in such cases are listed in regulations. They include
artistic, dramatic or musical standards necessary for particular types of
courses.
50
Prescribed types of treatment and treatment in prescribed
circumstances
4.29 There are a few courses, which lead to particular professions, that are
regulated by external professional bodies. Medicine, Nursing, Social Work
and Teaching are examples. In order to enter these professions, or enter
training for them, applicants must fulfil certain requirements that some
disabled people may be unable to meet.
5 The duty to make reasonable adjustments
This chapter looks at the duty to make reasonable adjustments for
disabled people or students. This duty requires responsible bodies to
take positive steps to make their education and other related services
accessible to disabled people or students. This goes beyond simply
avoiding treating disabled people or students less favourably than nondisabled people or students. The sort of adjustments that might be made, and
issues concerning disclosure and reasonable adjustments, are also
considered.
To whom is the duty to make reasonable adjustments owed?
5.5 A responsible body’s duty to make reasonable adjustments is an
anticipatory duty owed to disabled people and students at large. It is not
simply a duty to individuals.
5.6 Responsible bodies should not wait until a disabled person applies to a
course or tries to use a service before thinking about what reasonable
adjustments they could make. Instead they should continually be anticipating
the requirements of disabled people or students and the adjustments they
could be making for them, such as regular staff development and reviews of
practice. Failure to anticipate the need for an adjustment may mean it is
too late to comply with the duty to make the adjustment when it is
required. Lack of notice would not of itself provide a de fence to an allegation
that an adjustment should have been made.
What adjustments might responsible bodies need to make?
5.8 The Act does not define what ‘reasonable steps’ an institution should take.
However, the purpose of taking the steps is to ensure that the disabled person
or student is not placed at a substantial disadvantage.
Example 5.8D A student with depression is on a Hair and Beauty training
course run by a further education college. She spends part of the week in a
hairdressing salon. Work placements are usually arranged on the basis of a
full working day. However, because of the effects of her medication she is
unable to attend in the mornings. A reasonable adjustment might be for the
college to arrange for this student’s work placement to take place in the
afternoons only.
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How long does the duty continue?
5.9 The duty to make reasonable adjustments is a continuing duty.
Responsible bodies should keep the adjustments constantly under review in
the light of their experience with disabled people applying to courses and
using services. In this respect, it is an evolving duty, and not something that
needs simply to be considered once and once only, and then forgotten. For
example, technological developments may provide new or better solutions to
the problem of inaccessible services.
Disclosure and reasonable steps
5.10 If the institution did not know and could not reasonably have known that
the student was disabled, then failure to make an adjustment for a disabled
person or student may not be discrimination.
Example 5.10A A student with a heart condition goes on a field trip as a
compulsory part of her Geography course. The student has not told the
college about her condition although she had been given the opportunity to do
so in private on several occasions, including when the field trip was
announced. Part of the trip involves walking around the town counting shops
and residential housing. During the day, it becomes apparent that she cannot
complete the assignment although some last minute adjustments are made.
Because it could not have known about the disability in advance, the college
is unlikely to have been acting unlawfully.
5.13 If the disabled person has told someone within the institution or service
about his or her disability, then the responsible body may not be able to claim
that it did not know.
Example 5.13A A student declares her disability on her application form.
Once she is enrolled on a course she receives none of the support or
adaptations that she needs. The tutor claims she does not know that the
student is disabled. However, because the student has disclosed her disability
the institution cannot claim it does not know about it. The failure to offer
support and adaptations is therefore likely to be unlawful.
5.15 A responsible body needs to be proactive to encourage people to
disclose a disability. This might involve asking people to disclose their
disabilities on application and enrolment forms. It may mean publicising the
provision that is made for disabled people, and then providing opportunities
for people to tell tutors, teachers or other staff in confidence. It might involve
asking students when they apply for examinations whether they need any
specific arrangements because of a disability. It means ensuring that the
atmosphere and culture are open and welcoming so that people feel safe to
disclose a disability. The Department for Education and Skills has issued
guidance covering issues of disclosure (see Appendix Three for details).
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6 Determining what is reasonable
This chapter looks at criteria that might be taken into account when
determining what is reasonable. The relationship between confidentiality
and reasonable adjustments is also addressed.
6.2 Under the Act responsible bodies must have regard to relevant provisions
of this Code. Without attempting to be exhaustive, the following are some of
the factors that might be taken into account when considering what is
reasonable:
-the need to maintain academic and other prescribed standards
-the financial resources available to the responsible body
-grants or loans likely to be available to disabled students (and only disabled
students) for the purpose of enabling them to receive student services, such
as Disabled Students’ Allowance
-the cost of taking a particular step
-the extent to which it is practicable to take a particular step
-the extent to which aids or services will otherwise be provided to disabled
people or students
-health and safety requirements
-the relevant interests of other people including other students
The need to maintain academic or other prescribed standards
6.3 The Act does not require a responsible body to do anything that might
mean it cannot maintain academic or other prescribed standards in a
particular learning programme.
The financial resources available to the responsible body
6.7 The extent to which it would be reasonable for a responsible body to make
adjustments will depend on the financial resources of the particular
responsible body and its other commitments.
Example 6.7B A sign language user wishes to use the careers service at a
higher education institution. The institution says that funding for an interpreter
must come from the careers service but the careers service does not have
sufficient in its budget to pay for an interpreter. It transpires that the institution
is currently planning a very costly refurbishment of several of its buildings. It
might be reasonable to expect the higher education institution to vire some
money to the careers service in order to make its careers service accessible
to the student.
The relevant interests of other people including other students
6.16 There might be instances when an adjustment for a disabled person or
student results in significant disadvantage for other people or students. In
such a case, the responsible body would not be expected to make the
adjustment.
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Example 1.16A A student with learning difficulties is attending a Scottish
Vocational Qualification (SVQ) course at a further education college. She
finds it difficult to follow the more theoretical parts of the course but is very
reluctant to have any individual extra support. One option would be for the
course tutor to go very slowly over the parts she finds difficult to ensure that
she has understood the points being made. However, the slow pace of
delivery would prevent the other students on the course finishing their
syllabus and the attainment of their qualification would be put at risk. It is likely
that this would not be a reasonable adjustment, as it would significantly
adversely affect other students on the course. In this case, it might be
appropriate to look at alternative adjustments.
Confidentiality and reasonable steps
6.18 A disabled person has a right to request that the existence or nature of
his or her disability be treated as confidential. In determining whether it is
reasonable to make an adjustment the responsible body must have regard to
the extent that making the adjustment is consistent with a disabled person’s
request for confidentiality.
6.19 In some instances this might mean that reasonable adjustments have to
be provided in an alternative way in order to ensure confidentiality.
Example 6.19A A student with a visual impairment can only read clearly if he
has text enlarged into 16-point type. He is very embarrassed by his disability
and has requested strict confidentiality. Normally his tutors would give a
visually impaired student large print handouts at the beginning of each class.
However, because he has requested, they agree to give him his handouts in
advance so that he can look at them before the lesson but does not have to
be seen reading them during the class.
6.20 In some cases a confidentiality request might mean that a less
satisfactory reasonable adjustment is provided or that no reasonable
adjustment can be provided.
Example 6.20A A student with AIDS is on a Chemical Engineering course.
He does not want other students to know of his condition. His condition
means that he sometimes needs to have time off. His tutors have offered to
arrange extra time in the laboratory for him after hours to make up for the time
he misses. However, he has refused on grounds of confidentiality. Instead
they offer to provide him with extra lecture notes. Although this adjustment is
less effective, it is likely to be lawful.
9 What happens if there is a dispute under the Act?
This chapter explains what happens if someone makes a complaint against a
responsible body, and what routes for redress exist. It also explains what
action may be taken to put right any discrimination that is found to have taken
place.
54
Raising a complaint
9.1 A person who believes that a responsible body has discriminated against
him or her may bring civil proceedings. Those proceedings take place in a
county court in England and Wales or the sheriff court in Scotland. Similar
may also be brought against a person who has aided someone else to commit
an unlawful act. Court action must be brought within six months of the
alleged discrimination. Where discrimination takes place over a period of
time, the six months begins at the date of the last discriminatory act.
9.3 Complainants may want to raise complaints directly with responsible
bodies. Many responsible bodies will have complaints procedures which aid
the speedy resolution of disputes. Complainants may raise an issue with a
responsible body either before or after legal proceedings have started.
Conciliation
9.3 The Disability Rights Commission is empowered by the Act to set up an
independent conciliation service for disputes arising under the post-16
sections of the Act to promote the settlement of disputes without recourse to
the courts. Conciliation is made available locally around the country, and
disputes may be referred to conciliation if both the complainant and the
responsible body agree. The Disability Rights Commission has no power to
impose a settlement on either party.
9.3 Agreeing to the conciliation process does not prevent a complainant from
subsequently deciding to pursue a case through the courts. The time limit for
bringing an action in court is extended by two months if the conciliation
process has been used within six months of a discriminatory act. No
information disclosed to a conciliator during the conciliation process may be
used in any subsequent court case without the permission of the person who
disclosed it.
What happens if a dispute cannot be resolved?
9.5 If conciliation or agreement cannot resolve a dispute, and the complainant
has brought legal proceedings, the matter is decided by a court. If successful,
a disabled person could be awarded compensation for any financial loss,
including injury to feelings. The disabled person may also seek an injunction
(in England and Wales) or an interdict (in Scotland) to prevent the responsible
body repeating any discriminatory act in the future, or an order to require
positive action. The court may also make a declaration as to the rights and
responsibilities of the parties involved.
Where to go for information and advice
9.7 Students or others wanting to make complaints under the Act against a
responsible body may get further information and advice about the process
from the Disability Rights Commission.
55
Complainants may be eligible for legal aid, and in some circumstances may
receive direct assistance from the Disability Rights Commission.
9.8 The Disability Rights Commission also provides advice to responsible
bodies about their legal responsibilities under the Act.
DRC Helpline:
Telephone 08457 622 633
Textphone 08457 622 644
Faxback service 08457 622 611
Website www.drc-gb.org
10 Links to other legislation and responsibilities
This chapter sets out the general approach to be taken by responsible
bodies when considering the Act and its interaction with other
legislation and duties, and explains some of the links which they are
most likely to encounter. It is not an exhaustive list and responsible
bodies need to consider their other responsibilities where relevant.
The Data Protection Act 1998
10.2 The Data Protection Act 1998 restricts the processing of personal data
and ‘sensitive’ personal data about individuals, and particularly how and
whether that information can be passed on to others. The use of sensitive
personal data is particularly restricted. Information relating to an individual’s
disability is classified as sensitive personal data. In ensuring that disabled
people and students are not discriminated against, and that reasonable
adjustments are made, responsible bodies may need to pass data about
disabled students on to members of staff and others including work placement
providers. Even if students have not requested confidentiality under the DDA,
the use and transfer of information about them (including through job
references) is restricted by The Data Protection Act. Such processing may
often require students’ explicit informed consent. In order to ensure that they
are not in breach of either law, responsible bodies may need to:
-ask students’ permission to pass on information necessary for making
reasonable adjustments
-alert students to the use that will be made of information when asking them to
disclose disability on application, enrolment or examination forms.
10.3 However, should a student request confidentiality under the DDA,
information may not, from that point, be passed on for the purposes of making
reasonable adjustments.
Appendix One
The meaning of disability
This appendix is included to aid understanding about who is covered by the
Act and should provide sufficient information on the definition of disability to
56
cover the large majority of cases. The definition of disability in the Act is
designed to cover only people who would generally be considered disabled. A
Disability Rights Commission publication, Guidance on matters to be taken
into account in determining questions relating to the definition of disability, is
also available.
When is a person disabled?
A1.1 A person has a disability if he or she has a physical or mental
impairment that has a substantial and long-term adverse effect on his or her
ability to carry out normal day-to-day activities.
What does ‘impairment’ cover?
A1.3 It covers physical or mental impairments; this includes sensory
impairments, such as those affecting sight or hearing.
Are all mental impairments covered?
A1.4 The term ‘mental impairment’ is intended to cover a wide range of
impairments relating to mental functioning, including what are often known as
learning difficulties. The definition of ‘disability’ does not require that a mental
illness is ‘clinically well-recognised’ before it can amount to a mental
impairment for the purposes of the disability discrimination legislation.
What is a ‘substantial’ adverse effect?
A1.5 A substantial adverse effect is something more than a minor or trivial
effect. The requirement that an effect must be substantial reflects the general
understanding of disability as a limitation going beyond the normal differences
in ability which might exist among people.
What is a ‘long-term’ effect?
A1.6 A long-term effect of an impairment is one:
-which has lasted at least 12 months, or
-where the total period for which it lasts is likely to be at least 12 months, or
-which is likely to last for the rest of the life of the person affected.
A1.7 Effects which are not long-term would therefore include loss of mobility
due to a broken limb which is likely to heal within 12 months and the effects of
temporary infections, from which a person would be likely to recover within 12
months.
What if the effects come and go over a period of time?
A1.8 If an impairment has had a substantial adverse effect on normal day-today activities but that effect ceases, the substantial effect is treated as
continuing if it is likely to recur; that is, if it is more probable than not that the
effect will recur. For example, if a person with rheumatoid arthritis whose
57
impairment has a substantial adverse effect, which then ceases to be
substantial (i.e. the person has a period of remission), the effects are to be
treated as if they are continuing, and are likely to continue beyond 12 months,
if:
-the impairment remains, and
-at least one recurrence of the substantial effect is likely to take place 12
months or more after the initial occurrence.
This would then be a long-term effect.
What are ‘normal day-to-day activities’?
A1.9 Normal day-to-day activities are those which are carried out by most
people on a fairly regular and frequent basis. The term s not intended to
include activities which are normal only for a particular person or group of
people, such as playing a musical instrument or a sport to a professional
standard or performing a skilled or specialist task related, for example, to a
particular academic discipline, education or training course. However,
someone who is affected in such a specialised way but is also affected in
normal day-to-day activities would be covered by this part of the definition.
The test of whether an impairment affects normal day-to-day activities is
whether it affects one of the broad categories of capacity listed in Schedule 1
to the Act. They are:
-mobility
-manual dexterity
-physical co-ordination
-continence
-ability to lift, carry or otherwise move everyday objects
-speech, hearing or eyesight
-memory or ability to concentrate, learn or understand
-perception of the risk of physical danger
What about treatment?
A1.10 Someone with an impairment may be receiving medical or other
treatment which alleviates or removes the effects altogether although not the
impairment. In such cases, the treatment is ignored and the impairment is
taken to have the effect it would have had without such treatment. This does
not apply if substantial adverse effects are not likely to recur even if the
treatment stops, because the individual no longer has a disability.
What about people who know their condition is going to get worse over
time?
A1.13 Progressive conditions are conditions that are likely to change and
develop over time. Examples given in the Act are cancer, multiple sclerosis,
muscular dystrophy and HIV infection. Where a person has a progressive
condition he will be covered by the Act from the moment the condition leads to
an impairment which has some effect on ability to carry out normal day-to-day
activities, even though not a substantial effect, if that impairment is likely
eventually to have a substantial adverse effect on such ability.
58
Are any conditions specifically excluded from the coverage of the Act?
A1.15 Yes. Certain conditions are to be regarded as not amounting to
impairments for the purposes of the Act. These are:
-addiction to or dependency on alcohol, nicotine, or any other substance
(other than as a result of the substance being medically prescribed)
-seasonal allergic rhinitis (for example hayfever), except where it aggravates
the effect of another condition
-tendency to set fires
-tendency to steal
-tendency to physical or sexual abuse of other persons
-exhibitionism
-voyeurism
Where can I find out more?
A1.18 Disability Rights Commission publication, Guidance on matters to be
taken into account in determining questions relating to the definition of
disability, provides additional help in understanding the concept of disability
and in identifying disabled persons.
See Appendix 4: FURTHER RESOURCES for details of where to obtain
publications.
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Appendix 4
FURTHER RESOURCES
Association of Managers of Student Services in Higher Education.
(AMOSSHE). Responding to Student Mental Health Issues: ‘Duty of Care’
responsibilities for student services in higher education. Good Practice Guide.
December 2001.
Disability Rights Commission. Draft Code of Practice: The Disability
Discrimination Act 1995 (as amended by the Special Educational Needs and
Disability Act 2001).
Guidance on matters to be taken into account in determining questions
relating to the definition of disability.
Code of Practice for th elimination of discrimination in the field of
employment against disabled persons or persons who have had a disability.
Code of Practice Rights of Access to Goods, Facilities, Services and
Premises Duties of Trade Organisations to their Disabled Members and
Applicants.
For information about the act:
Tel. 08457 622 633
www.drc-gb.org
Joint Informations Systems Committee. Data Protection Code of Practice for
the HE and FE Sectors. The University of Hull Information Law and
Technology Unit.
http://www.jisc.ac.uk/pub))/dp-code.html
Legislation is available on the Internet at: www.hmso.gov.uk
National Service Framework for Mental Health: Modern Standards and
Service Models. Department of Health. 1999.
www.doh.gov.uk/nsf/mentalhealth.htm
Physical and Mental Fitness to Teach of Teachers and of Entrants to Initial
Teacher Training. DfEE Circular 4/99. DfEE 1999.
http://dfee.gov.uk/circulars/6-99/circa148.htm
Saving Lives: Our Healthier Nation. Government White Paper. 1999.
www.doh.gov.uk/mentalhealth/safetyfirst/index.htm
Skill: National Bureau for Students with Disabilities. Students with Mental
Health Difficulties – Your Questions Answered.
www.skill.org.uk
60
Appendix 5 Anglia Ruskin University’s Equal Opportunities Policies
The University is committed to valuing diversity and promoting equality. It
seeks to maximise the potential of all staff and students, to be responsive to
new ideas, and to equip its students for life in a multicultural and diverse
society. It aims to provide a supportive environment in which to work and
study, where individuals are treated with dignity, courtesy and respect.
The University’s Valuing Diversity and Promoting Equality Policy is
supported by a number of related policies:
Dignity at Work and Study
Promoting Racial Equality
Employment of Disabled People
Full texts of these and other University policies can be found at:
http://gertrude.anglia.ac.uk/hr/policies/
61
Appendix 6
FITNESS TO PRACTICE COMMITTEE
CONSTITUTION
Composition
A Dean of Faculty (see 1. below)
Two members of the staff of the University (see 2. below)
An independent member not being a current member of staff or a current
student of the University (see 2. below).
1.
The Dean of Faculty shall normally be the Dean of the Faculty with
responsibility for the student’s course of study. Where more than one
Dean of Faculty has responsibility for the student’s course of study
then the Deans of Faculty shall together determine which of them is to
act in the matter.
2.
The two members of staff and the independent member shall be
members of the profession which accredits the student’s course of
study and/or shall be otherwise suitably qualified in the reasonable
opinion of the Vice Chancellor.
Quorum
The Quorum shall be three members of the Committee.
If a meeting of the Committee is not quorate and notice has been properly
given, then the Committee Secretary shall convene a further meeting normally
within 20 days.
Chairman
The Chairman shall be a Dean of Faculty.
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FITNESS TO PRACTICE POLICY
1.
Introduction
1.1
In relation to courses which qualify students for professional
accreditation by a professional body external to the University, there
exists a duty of care to protect the public by setting standards for
professional practice, overseeing the education of students and taking
action when fitness to practice is in doubt.
1.2
This policy applies when concern is raised about the fitness to practice
of a student. It is designed to ensure that appropriate action is taken in
the best interests of the public, the profession and the student in
question.
2.
Possible Issues Giving Rise to Concern
2.
Issues giving rise to concern will vary from profession to profession but
may include:
 criminal convictions
 the relevance of information previously not declared which raises
questions of professional suitability
 allegations of inappropriate behaviour
 psychiatric illness
This list is not intended to be exhaustive.
3.
Procedure for Dealing with Concern
3.1
Where there is, for whatever reason, concern regarding a student’s
fitness to practice, this must be reported to the Director of Studies with
responsibility for the student’s course of study. Where more than one
Director of Studies has responsibility for the student’s course of study,
then the Directors of Studies involved shall together determine which of
them is to act in the matter.
3.2
The Director of Studies shall investigate the concern.
3.3
Where, as a result of such investigation, the Director of Studies
considers that there are grounds for convening a meeting of the
Fitness to Practice Committee then he/she shall pass to the Secretary
of the Committee a written statement detailing the ground for concern
which are to be considered by the Committee.
4.
Procedure when concern for a student is referred to the Fitness to
Practice Committee
4.1
The Committee Secretary shall refer the complaint to the Fitness to
Practice Committee.
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4.2
The Committee Secretary shall give to the Director of Studies and to
the student who is the subject of concern prior to the hearing, two
copies of any documents which come into his/her possession and
which are to be placed before the Committee.
4.3
The Secretary to the Committee, shall:
4.3.1 call a meeting of the Committee normally within not less than 10 nor
more than 20 working days from the day on which he/she has received
the written report in Section 4.1 above.
4.3.2 ascertain from the student about whom concern has been expressed
whether he/she objects to the President of the Student Union or his/her
nominee concerned being present at the meeting of the Committee;
4.3.3 give notice to the Director of Studies and the President of the Student
Union of the date, time and place of meeting;
4.3.4 give notice in writing to the student about whom concern has been
expressed by way of personal delivery or, if this is not possible,
recorded postal delivery to his/her last known local and home address,
such notice stating:
4.3.4.1
details of the grounds for concern
4.3.4.2
the date, time and place of the sitting of the Committee;
4.3.4.3
that he/she has a right to be heard at the hearing;
4.3.4.4
that, if he/she so wishes, may be accompanied by a friend, who
may be legally qualified but may not also be a witness;
4.3.4.5
that he/she has a right to submit a written statement or written
evidence for the consideration of the Committee and that this must be
received not less than two working days before the hearing;
4.3.4.6
that responsibility for informing witnesses, that he/she proposes
to call, of the details of the sitting of the Committee and for securing
their attendance at the hearing rests with him/her;
4.3.4.7
that the Committee Secretary should be informed as soon as
possible and in any case not less than two working days before the
hearing, of the names of the witnesses he/she proposes to call and, if
he/she wishes to be accompanied by a friend, the name of the friend.
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5.
The Hearing
5.1
The Chairman shall be the Dean of Faculty. At the sole discretion of
the Chairman other persons may be invited to be present for the
purpose of maintaining security or safety.
5.2
The Committee Secretary shall keep a record of the proceedings and
may for this purpose appoint a recording clerk.
5.3
Where two or more students are the subject of concern the Committee
shall decide whether the interests of any one of them would be
prejudiced by hearing the complaint against them jointly. If the
Committee is of the opinion that interests might be prejudiced or that
the proceedings could not be easily or fairly conducted against two or
more students together, then it shall continue the hearing against them
individually.
5.4
Evidence shall be taken in the following order:
the Director of Studies;
witnesses called by the Director of Studies;
the student who is the subject of concern;
witnesses for such student;
final statement by the Director of Studies;
final statement by student who is the subject of concern or his/her
friend.
5.5
The members of the Committee shall have the right to put questions to
any persons attending the hearing.
5.6
The Director of Studies and the student who is the subject of concern,
and his/her friend, shall have the right to be present during the taking of
the evidence. The Director of Studies and the student who is the
subject of concern or his/her friend shall have the right to put questions
to the witnesses and to each other except that neither shall have the
right to put questions on the other's final statement.
5.7
The President of the Student Union, subject to 4.3.2 above, shall have
the right to be present during the taking of evidence but not during the
Committee's deliberations regarding its decision.
5.8
Where the student who is the subject of concern does not appear at
the hearing, the Committee may proceed to deal with the matter in
his/her absence provided the Committee is satisfied that the
65
Committee Secretary has properly notified the student of the sitting of
the Committee.
5.9
In considering its decision the Committee shall sit in private.
Committee Secretary will be present.
The
5.10
The Committee shall inform the student about whom concern has been
expressed, if he/she is present, of its decision at the conclusion of the
hearing. Normally within 5 working days the Committee Secretary shall
notify him/her in writing of the decision, and inform him/her that he/she
has a right to appeal against the decision of the Committee to the
Governors and that, should he/she wish to exercise this right, he/she
must give notice to the Clerk to the Governors of his/her intention to do
so within 10 working days of the date of the Committee's decision.
6.
Powers
6.1
The Committee shall by majority have the power to:
determine that there are no grounds for concern; or
determine that there are grounds for concern, but they are not
sufficiently serious to recommend that the student is not fit to practice.
In this case the Committee may recommend a course of action or
treatment; or
determine that the student is not fit to practice.
Under such
circumstances and in the absence of any other reasonable alternative,
the student shall have their course terminated and be required to
withdraw from the University.
7.
Appeal
7.1
A student shall have the right of appeal to the Board of Governors in
accordance with the procedure contained in this document (see
Appeals Committee: Procedure for Appeals by Students where
provided in Board of Governors Procedures, page 50). It should be
noted that such appeals shall only be considered on the grounds of
alleged maladministration.
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Appendix 7
External Contacts:
Where and how to get help in Cambridge
Student's own GP
CAMDOC (Cambridge Doctors on Call) evenings and weekends:
01223 464242
Accident & Emergency Department, Addenbrooke's Hospital:
01223 217118 (24 hours a day)
NHS Direct: 0845 4647 (confidential health advice and information
24 hours a day)
Community Mental Health Teams
Auckland Road Health Clinic, Auckland Road, Cambridge:
01223 533300 Monday to Thursday 9am to 5pm
01223 219122 Weekend service 9am to 5pm
Linkline: www.linkline.org.uk
01223 367575
01223 744444
7pm to 8am
Confidential and non-judgemental listening service.
Mental Health Partnership Social Care Team
Elizabeth House, Fulbourn Hospital:
01223 218695 (office hours)
01733 561370 Emergency Duty Team (out of hours)
CAMEO, Barton House, Box 220, Addenbrooke's Hospital:
01223 596195
Cameo is a service for people who are experiencing symptoms of
psychosis for the first time and those who have potential prepsychotic symptoms.
Lifecraft: www.lifecraft.connectfree.co.uk
Information about local mental health services. Lifecraft is a local
self help organisation run by users and ex-users of mental health
services.
Lifeline: Freephone 0808 808 2121 – 7pm to 11pm
Mental health helpline run by Lifecraft.
www.cambsmentalhealth.info – information about mental health
and services available in Cambridge and Peterborough.
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Where and how to get help in Chelmsford
Student's own GP – should be an ‘Out of hours’ number on answer
phone
Rivermead Gate Medical Centre is 01245 348688 if the person is
registered there.
Accident & Emergency Department, Broomfield Hospital:
01245 440765 (24 hours a day)
or
The Linden Centre, Broomfield Hospital: 01245 318800
New Ivy Chimneys, Witham, 01376 308100
NHS Direct: 0845 4647 (confidential health advice and information
24 hours a day)
Community Mental Health Team
92 Broomfield Road, Chelmsford, 01245 318627 (Office hours –
advice, support and practical help)
NERIL - 0845 0900 909 (helpline 4pm till 8am - information,
support and advice about mental health)
The Dove Centre, Sadlers House, 2 Legg Street, Chelmsford
MIND Organisation Centre: 01245 345083
Changes, Community Drug and Alcohol Team
Units 4 &5a, Cornell Estate, Navigation Road, Chelmsford:
01245 318580
www.ne-mh.nhs.uk/ - information on mental health services in
Essex
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