REGULATIONS RELATING TO FITNESS TO PRACTISE
A student’s Fitness to Practise may be challenged when their behaviour, health
and/or professional conduct gives cause for concern. In these circumstances, a
student should be considered under the Fitness to Practise regulations.
These regulations apply to students undertaking the Doctorate in Counselling
Psychology in the School of Social Sciences & Law. The Doctorate in Counselling
Psychology is an Approved programme by the Health Care Professions Council
(Statutory Regulator) and is Accredited by the British Psychological Society
(Professional body).
Areas of concern included in these regulations that may raise questions about
whether a student is fit to practise cover a range of categories including, but not
limited to, criminal convictions, cautions, dishonesty or fraud, patient/client safety
issues, unethical practice or decision making, unprofessional attitude or
behaviour, health concerns impacting on fitness to practise and following
academic cheating.
1.0
Context
Throughout the period from admission to graduation and professional registration,
the University has a duty to protect the public by ensuring that each student is fit
to practise at the level at which s/he is studying. Assessment of the student’s
fitness to practise, and his/her compliance with professional codes of conduct is
an integral part of a professional programme. The University has a duty to
protect the public by ensuring that students are fit for practice placements and fit
to practise at the point of registration on completion of their programme.
The Doctorate in Counselling Psychology leads to eligibility for registration with
the Health and Care Professions Council (HCPC) and the British Psychological
Society (BPS). Training and practising as a Health professional requires a Duty of
Care (a sensitive, reliable and responsible approach) towards others. All
students are required to demonstrate these qualities in general attitude and
behaviour towards other students, staff of the University, and in the practice areas
towards clients, carers, staff and the general public. Students are required to
learn, accept and demonstrate the standards of responsibility and accountability
increasingly demanded of practitioners in health and social care services.
A student who fails to demonstrate appropriate standards of behaviour, either at
University, on practice placement, or at other times, may be deemed to be
professionally unsuitable and unfit to practise. Examples of failure to adhere to
appropriate standards of behaviour include, but are not limited to, social
behaviour resulting in, any court action (civil or criminal) or receipt of Police
caution or engaging in behaviour which is considered to bring the profession into
disrepute.
All documentation related to an alleged case of fitness to practise may be
disclosed to practice representatives prior to and following a formal hearing. In
addition, following a formal hearing when a case is proven, the University has a
contractual requirement to disclose details of the case to the HCPC, and may
also disclose details of the case to an employer who may consider any
appropriate action they need to take
2.0
Definition and Purpose
2.1
A variety of terms are used by different professions. Within these
regulations, the University defines ‘fitness to practise’ to denote that the
student is suitable in terms of competence, standards of behaviour and
attitude, health and character to participate in practice to the level required
at any stage of the programme and in a student’s practice placement.
Appendix 1 provides illustrative definitions and examples.
2.2
A student who is deemed not to be fit to practise will be one who exhibits
one or more of the following:
1
Has failed to comply with one or more elements or spirit of a
Profession Specific Code/Rules of Professional Conduct; and/or
2
Is deemed to be guilty of an act, practise or breach of conduct that
contravenes a profession-specific Code that may involve a patient,
client, member of staff or other person who the student has contact
with; and/or
3
Engages in behaviour which is deemed to bring the profession into
disrepute and/or engages in behaviour, which fails to demonstrate
appropriate standards of professionalism and/or fails to demonstrate
good character; and/or
4
Is deemed to be a potential health and safety risk to themselves
and/or, the public, and/or members of staff and/or other students;
5
3.0
Has failed to comply with programme attendance requirements
specified by professional/statutory bodies.
Guiding Principles for the Regulations
These regulations apply to students enrolled on the Doctorate in
Counselling Psychology which requires students to undertake work
experience in a variety of different health and social care settings.
Including, but not limited to, NHS Services, Mental and Physical Health
Charities, Schools, Prisons, Secure units and Private Companies.
3.1
At the commencement of the Doctorate in Counselling Psychology a
student declaration form is completed whereby the student signs to accept
responsibility to read and understand the relevant Professional Code of
Conduct, to work within the spirit of the Code and meet professional
standards for the duration of their studies.
3.2
Students are reminded that they must advise the University if there are any
changes to their DBS status, e.g. they are convicted of an
offence/cautioned or become involved in any investigation/allegation
during the programme. The incident may require investigating under the
Fitness to Practise Regulations.
3.3
Failure to inform the University of any change in their DBS status, or
information provided to the University by a third party relating to a potential
fitness to practise concern will result in a fitness to practise investigation.
Students are informed that accepting a police caution means they are
admitting they are guilty of an offence. This will result in a change to
the DBS status and must be disclosed to the University.
3.4
Students are reminded that they must advise the University if there are any
changes to their health status which impacts, or has the potential to impair,
their ability to provide safe and effective practice. Failure to inform the
University will, normally, result in a fitness to practise investigation.
3.5
When a student’s health gives cause for concern during the programme
the University has a Duty of Care towards both the student and the public.
A health screening assessment and advice from a qualified medical
practitioner is sought where health issues may impact on the student’s
ability to carry out professional duties safely and competently. Students are
required, where appropriate, to undergo a work based assessment before
being allowed into practice.
3.6
It is the University’s responsibility to ensure that all students are enabled to
achieve to their potential and that, where disability is present, to ensure
that reasonable adjustments are in place. The likely impact of particular
disabilities on the student’s potential to achieve competence (with
reasonable adjustments in place) during the programme is assessed on a
case by case basis.
3.7
If the health assessment outcome requires reasonable adjustments the
University will then decide whether adjustments can be accommodated on
the programme under the Equality Act 2010. Where practice
placements/work experience is involved, decisions will be made in
consultation with the relevant placement area.
3.8
Staff who allege that a student is not fit to practise will inform the Director
of Counselling Psychology (or nominee) who will inform the Senior
Management of the School who will determine whether the process
outlined in the Regulations relating to Fitness to Practise should be
followed.
3.9
If the student’s performance in practice is at any point deemed unsafe, at
high risk of becoming so or where the level of supervision required would
result in an inadequate level of client/patient care the student will be
temporarily withdrawn from the placement by the responsible member of
staff, subject to confirmation by the Director of Counselling Psychology (or
nominee). Senior Management of the School will be informed and further
investigation in relation to the allegation will be initiated under the Fitness
to Practise Regulations.
3.10
Allegations that fall outside of these regulations will be dealt with by the
University’s Academic Misconduct regulations including cheating,
plagiarism or collusion.
3.11
Where the Director of Counselling Psychology or Senior Management
Team of the School (or nominees) considers that an academic sanction in
itself, in accordance with section 3.10, is inadequate because the nature
of the offence involves theft, falsification, impersonation or otherwise calls
into question a student’s fitness to practise, the matter may also be
referred for consideration under the Fitness to Practise regulations.
3.12
When fitness to practise concerns are identified, the School should offer
pastoral support to the student alongside fitness to practise procedures.
(see section 5)
3.13
Normally, students will be allowed to progress with their academic studies,
although they will normally not complete summative assessments until the
procedures under the Regulations relating to Fitness to Practise are
completed.
3.14
The School and/or Ombuds Office can provide advice to staff and students
regarding the Regulations relating to Fitness to Practise.
3.15
Anyone who provides pastoral care for a student should not be involved in
investigating or hearing fitness to practise concerns.
3.16
Students alleged not to be fit to practise have the right to be informed of
and to challenge the allegation. Although they may be removed from
practise during the process, they will be not be judged unfit to practise until
a decision is made by a panel, based on the balance of evidence and
probabilities.
3.17
The Fitness to Practise process is based on the principles of natural justice
and aims to balance the rights of the student against the potential risk to
the members of the public (and self). Decisions are made objectively on
the balance of probabilities, based on the evidence before the fitness to
practise panel. The burden of proof shall be based on clear, strong, and
cogent evidence and shall rest with the University.
3.18
Decisions about fitness to practise are made in conjunction with
appropriate practitioners and should focus on professional suitability. Any
requirements or conditions imposed on the student, by a panel, should be
intended to evidence that conditions have been met, and that a student is
able to operate within the relevant Professional Code of Conduct, or
equivalent, thus ensuring professional suitability.
3.19 The student’s right to confidentiality should be upheld and information
should only be shared with third parties if absolutely necessary.
Disclosure without consent will only be appropriate if it is deemed to be in
the interests of public safety or the well-being of the student.
3.20
The student has a right to appeal the decision of the formal Fitness to
Practise panel, only on specific grounds. The process of appeal is detailed
in Appendix 2.
3.21 If the student remains dissatisfied with the decision following appeal, they
may, in circumstances identified in the Higher Education Act 2004, refer
the matter to the Office of the Independent Adjudicator for Higher
Education in England and Wales (OIA). Information relating to the OIA is
available at www.oiahe.org.uk.
3.22
Where a student is deemed unfit to practise following a formal hearing, one
complete set of papers relating to the proven case will be retained, in a
separate file, by the School to be referred to only in the event that a
subsequent action, e.g. a request for a review by the student, requires
reference to this material.
3.23 Where a fitness to practise case is not proven, or the matter is withdrawn
at the informal or formal stage, no detailed record will be kept on the
student’s file. However, anonymous statistical data on unproven informal
and formal Stage cases will be kept by the School in line with current
guidance from the Quality Assurance Agency for Higher Education [QAA].
3.24 All communication including letters, evidence and invitations will, wherever
possible, be sent via email to the student.
3.25
Staff acting as Panel members at the formal stage of any fitness to
practise hearing must have had no previous involvement in the student’s
case.
PROCESS
4.0
Stages of the Process
4.1
The University recognises a student’s Fitness to Practise may be
challenged when their behaviour, health and/or professional conduct gives
cause for concern. Appendix 1 identifies a range of categories which may
raise questions about whether a student is fit to practise. A students’ fitness
to practise must be considered on a case to case basis through the
University’s processes.
4.2
The member of staff who alleges a student’s fitness to practise is impaired
should consult with the Director of Counselling Psychology or member of
the Senior Management Team of the School, before taking any action.
Together the member of staff and the Director or Senior Management
Team member will decide if there is a prima facie case and if so, the type
of alleged fitness to practise case and the appropriate stage of the
procedure.
4.3
There are two stages for dealing with allegations of fitness to practise
cases Informal Stage and Formal Stage. The decision to proceed under
the Informal or Formal stage will depend on the nature and severity of the
case.
4.4
An Informal Stage meeting will be convened where minor indiscretions
have occurred in practice, where a report has been received by the School
that requires further discussion with the student or where a student has a
developing pattern of non-attendance or unauthorised absence.
4.5.
Students who fail to attend an informal stage meeting, without reasonable
explanation, may be progressed to a formal stage hearing.
4.6
A Formal Stage hearing will be convened where the case is alleged to be
of a recurrent or serious nature.
4.7
In relation to most Formal hearings, following consultation with the School
Senior Management Team, a student may be temporarily withdrawn from a
practice placement and placed on study leave, where it is necessary to
protect the public and/or the student until the alleged case of fitness to
practise can be heard and a decision made. This is to ensure the
University meets its obligations in relation to public safety.
4.8
All Cases relating to Disclosure Barring Service (DBS) issues must be
heard under the Formal hearing process.
4.9
As part of the University’s duty of care to the student, where there are
sufficient concerns relating to his/her health, a student will be asked to
undertake an occupational health review prior to any formal hearing taking
place. Depending on the outcome of the occupational health review, a
decision will be made by the School Senior Management Team as to
whether a formal hearing is necessary and what evidence from the
occupational health review should be forwarded to a formal hearing.
5.0
Support and Advice to Students
5.1
Wherever possible, students should have opportunities to seek support for
any matter before it becomes a fitness to practise concern. This should
include support by relevant academic staff and appropriate support from
services within the university. At all stages, students must be advised
about the range of services available from Student Services Department
which may include occupational health services, confidential counselling
disability services and The Link Academic Advisors based in the Students’
Union, and students must be encouraged to consult with them.
5.2
Students must be notified of the allegation of fitness to practise, kept
informed throughout, and receive confirmation of the outcome of the
proceedings.
5.3
When fitness to practise concerns are identified, the School should identify
an academic member of staff, normally the personal tutor, to offer support
to the student during the fitness to practise procedures.
5.4
The individual who provides pastoral care for the student should not be
involved in investigating or hearing fitness to practise concerns.
5.5
Students should be encouraged to discuss problems in a supportive and
confidential environment. If the fitness to practise of a student is called
into question, support and remediation, where appropriate, should be
offered to the student based on the severity of the allegation and an
assessment of the risk to patients, the public, other students and staff.
5.6
The Informal Stage and Formal Stage must be held as soon as possible
following the allegation related to fitness to practise.
5.7
The student must be advised that they have the right to be accompanied
by a friend/representative at the hearing. Students are strongly advised
and encouraged to seek advice from Academic Advisors, in Students
Union.
6.0
Informal Stage
6.1
When a report/correspondence is received by the School, the Programme
Director/Programme Leader must be notified. If the allegations are of
repetitive patterns of unprofessional behaviour this may necessitate the
case moving to a formal stage hearing.
6.2
Where the case is proceeding to an informal meeting, the Academic Tutor
dealing with the incident will notify the student in writing of the nature of the
concern and request them to attend the Informal meeting.
6.3
The student will be invited to attend a meeting with the academic tutor
(dealing with the incident) and the Programme Leader (who will chair this
meeting). An appropriate member of staff from the placement area may be
invited to attend.
6.4
The student should be advised of their right to bring a friend or
representative to the meeting if they so wish and of where to seek advice.
6.5
The student does not have to attend this informal stage meeting and may
elect to go to a formal stage hearing.
6.6
Whilst there is no pre-set format to the meeting, the rules of natural justice
will apply. In order to establish the facts and substance of the allegation
the academic tutor will provide details of the allegation. The student will
then be given an opportunity to respond to the allegation, ask questions
and raise any points.
6.7
Where a student’s friend or representative is not bound by a Professional
Code/Rules the Chair should reinforce that the content of the meeting is
confidential.
6.8
The details and outcome of the meeting should be recorded on the
Fitness to Practise Informal stage report form, signed by the Chair, the
Academic Tutor presenting the case and the student.
6.9
If the allegation is identified as:
 not breaching the relevant Code,

not demonstrating a behaviour that poses a threat to the reputation of
the profession,
 is not an on-going behavioural concern,
 not presenting a health and safety risk or presenting a potential risk to
patient/client and or staff members,
 does not breach programme specific attendance requirements
specified by the Professional/Statutory body;
no further action will be taken and the student will receive a copy of the
report at the end of the meeting or within five working days and a record
will not be retained in the student’s personal file.
6.10
If an issue or concern is proven but not considered to be of a serious
nature, a decision and a learning contract will be agreed at the informal
meeting. The student will receive a copy of the informal stage report and
learning contract at the end of the meeting or within five working days and
a copy will be retained in the student’s personal file for the duration of the
programme. The decision does not require consideration at a formal stage
hearing providing both the Chair and the student agree to that decision.
6.11 If the concern is upheld and alleged to be of a serious nature the specific
aspect(s) of the Code which is alleged to have been breached will be
identified and the case will proceed to the formal stage. The student will
receive a copy of the informal stage report at the end of the meeting or
within five working days and a copy will be retained in the student’s
personal file for the duration of the programme.
6.12 The report will be forwarded for consideration at the formal hearing. The
student will be asked to sign the report to confirm it is an accurate record of
the meeting. If the report is not available for countersignature, immediately
after the meeting, the student will be requested to countersign and return
the form within seven working days of the day on which the record was
sent out or given to the student. If the student refuses to sign the report this
should be recorded.
6.13 The student or the Chair can, during an informal hearing, stop the meeting
and decide to proceed to a formal stage hearing. Alternatively, if the Chair
decides that there is no case to answer he/she may stop the hearing and
record that no further action is being taken.
6.14 In the event that a student who has been requested to attend an informal
meeting fails to do so at the appointed time without reasonable
explanation, then he/she may be subject to disciplinary action under the
University Student Disciplinary Regulations. (See University Student
Disciplinary Regulations).
7.0
Fitness to Practise - Formal Stage
7.1
Composition of the University Formal Fitness to Practise panel.
Panel members should have no direct interest or prior involvement in the
student’s fitness to practise case.
The panel membership will comprise:

D
ean/Deputy Dean/Assistant Dean of the School (Chair)

A
senior member of the School from the same profession as the student
is studying for.

A
Dean, Deputy Dean or Assistant Dean or their nominated
representative from another School within the University.

A
senior practice staff member from the same field of practice.

A
n Officer (usually the School Senior Administrator/Deputy Senior
Administrator) will be in attendance to produce a formal record of the
meeting.
All the Panel members must be present for the meeting to be quorate. In
circumstances were a member of the panel is not present, the hearing will
be rearranged.
7.2
Formal Fitness to Practise Hearing
7.2.1 Arrangements for a formal Fitness to Practise hearing will be made by
the School Senior Administrator.
7.2.2 The student will be given a minimum of ten working days advanced
notification of the date of the formal meeting. The student will be provided
with full details of the nature of the allegation, including copies of any
relevant statements, correspondence and student records. The student
will be given the opportunity to submit a statement and provide any
additional written evidence before the hearing. Witness statements must
be signed and dated.
7.2.3 All information for consideration by the Panel must be received by the
Senior Administrator at least five days before the date of the hearing.
Witnesses may be invited to give evidence in person, if appropriate, at the
discretion of the Chair of the panel.
7.2.4 Where a formal panel hearing is convened following an Informal meeting,
the formal panel will normally be convened as soon as possible but no
sooner than 10 working days, and no later than 35 working days, after the
Informal hearing. In exceptional circumstances, and on provision of a
satisfactory reason, a student may request the rearrangement of the
hearing on one occasion only.
7.2.5 The student has the right to be accompanied by a friend/representative
and should be advised of this in their letter inviting them to the Formal
stage hearing. If the student exercises his/her right to be accompanied by
a friend, a ‘friend’, for the purpose of this meeting, is defined as a person
who, at the request of the student, may accompany the student to the
meeting, and is entitled to speak or act on the student’s behalf as indicated
above, but it would not be appropriate for the ‘friend’ to be a legal
practitioner, acting in a professional capacity. Students are strongly
encouraged to seek advice from Education Advisory Officers, in Students
Union.
7.3
Non - attendance
7.3.1 The student will normally be expected to attend the hearing. If the student
does not attend, the hearing may proceed in the student’s absence. The
Panel will consider any representations made on behalf of the student (in
absentia) at the appropriate point in the hearing.
7.3.2 In the event that a student who has been requested to attend either an
informal or formal stage panel under these regulations, fails to do so at the
appointed time without reasonable explanation, then he/she may be
subject to disciplinary action under the University Student Disciplinary
Regulations. (See University Student Disciplinary Regulations).
8.0 Formal Fitness to Practise Hearing
The following procedure will normally apply although the Fitness to Practise panel
may, at its discretion, adjourn or depart from this procedure if it is in the best
interests of fairness to do so.
8.1 Arrangements for a formal Fitness to Practise hearing will be made by
the School Senior Administrator.
8.2 The Chair will invite all those present to introduce themselves and will
explain the purpose of the hearing. Where a student’s friend or witnesses
are not bound by a Professional Code/Rules the Chair will reinforce that the
content of the meeting is confidential.
8.3 The case will be presented by the Academic Tutor from an academic
perspective. Representatives from practice will present the case from the
placement setting perspective (normally not more than two representatives/
witnesses will be expected to be present). The student (or representative)
may ask questions of the academic tutor and the representative from
practice.
8.4 The student or his/her representative will present his/her response. The
academic tutor and the representative from practice may ask questions of
the student.
8.5 The panel may ask questions of either party at any stage during the hearing.
8.6 Witnesses will be invited to give evidence, where applicable, and if
previously agreed by the Chair.
8.7 Summing up by the Academic Tutor with particular reference to the
implications for the students’ fitness to practise.
8.8 Summing up by the student (or representative) with reference to any
mitigating factors.
8.9 Representatives presenting the case and the student and his/her
representatives/ witnesses will leave while the Panel deliberates the issues
and determines whether the allegation is proven, and if so, the extent and
seriousness of the case. The decision will be based on the facts and the
evidence presented. The standard of proof will be on the balance of
probabilities, i.e. the facts of an allegation are more likely than not to have
happened.
8.10 If the case is proven the decision of the Panel should be one which
satisfactorily addresses the fitness to practise concern, whilst taking account
of the individual case and any previous allegations or findings; the
seriousness of the case; patient/client safety issues; deliberate or reckless
disregard of professional responsibilities; patterns of behaviour; the year of
study; the likelihood of repeat behaviour; and how well the student might
respond to support and remediation.
8.11 The details and outcome of the formal hearing should be recorded in formal
minutes. A copy should be retained in the student’s personal file for the
duration of the programme.
9.0 Outcomes of a formal Fitness to Practise hearing
The purpose of the Panel is to consider; whether a student is fit to practise, and
what sanctions, if any, should be imposed on a student, including issuing a
written warning.
The panel decision shall be proportionate taking into consideration the interests of
patients/clients and the public against those of the student. Any mitigating factors
related to the case must be considered by the Panel when deciding on the
appropriate outcome.
The Panel must give reasons for its decision and specify any timeframe or
conditions that may apply to it. When setting conditions the panel should ensure
they are appropriate, proportionate, workable and measureable. The Panel
should be satisfied that the conduct, performance or health of the student can be
improved through conditions; that the conditions will not directly or indirectly put
patients/clients in danger, and that the conditions set will protect patients/clients
and the public.
9.1 The possible outcomes following a formal stage Fitness to Practise hearing
are:
i. that the hearing be adjourned to enable further investigation;
ii.
the case is not proven , and there is no file record;
iii.
the outcome is inconclusive, normally due to insufficient evidence
being available to enable the panel to find categorically that the student
is unfit to practise. However, if the cause for concern is sufficiently
serious to warrant action to ensure protection of the public, such as
monitoring or supervision of the student for a defined period. The
student may also be issued with, a written caution which will normally
be effective for the duration of the programme. A record will be held on
the personal file and will be taken into account in any future referrals
through the regulations.
iv. the case is proven,
Options/Outcomes available to the panel when the case is proven:
a. The student’s fitness to practise is not impaired to a point requiring
any conditions and the student will receive a written warning, with
a record on the personal file. If any future matters are brought to
the attention of the Fitness to Practise Panel, any previous fitness
to practice decisions related to the current programme of study
will be taken into account;
b. The student is permitted to continue on the programme subject to
conditions which relate to additional monitoring/supervision,
additional testing of Fitness to Practise, and/or successful
engagement with a learning contract and/or treatment for a health
condition. A record will be held on the personal file and in any
future referrals through the regulations these will be taken into
account;
c. The student interrupts his/her study and will be subject to further
assessment and/or conditions. A record will be held on the
personal file and in any future referrals through the regulations
these will be taken into account;
d. The student cannot redeem the situation and the student’s
behaviour and/or health is considered to be fundamentally
incompatible with continuing on the programme and the student
is discontinued from the programme. The HCPC will be notified.
9.2 Process of reporting Fitness to Practise case decisions
The student will normally be advised verbally of the outcome and the
associated reasons at the conclusion of the panel’s deliberations at the end
of the hearing. Where appropriate the student will be advised that the
outcome of the hearing will be reported to the HCPC. The student will
receive formal notification of the outcome and the associated reasons via email within five working days of the formal hearing. The decision that a case
is proven is made by the Fitness to Practise Panel. The recommended
condition(s) in relation to a proven case will be ratified by an Assessment
Board normally within 28 days of the Hearing.
10.0 Appeals process is described in Appendix 2.
11.0 Office of the Independent Adjudicator for Higher Education
A student who is of the opinion that his/her case is unresolved may apply to
the OIA for reconsideration of the case under the rules of its scheme within
three months of the issue of the ‘Letter of Completion’. Information on the
process may be obtained directly from the OIA at http://www.oiahe.org.uk.
12.0 Disclosure and Recording of Information
12.1 Personal data of students will be processed by the university in compliance
with the Data Protection Act. The University has a duty to inform relevant
third parties of the nature and outcome of a proven formal Fitness to
Practise case in certain circumstances, including:
i.
to inform the relevant regulator (HCPC), as HCPC standards require
notification of outcomes and specified conditions imposed;
ii.
to inform the Disclosure Barring Service where there are reasonable
grounds to believe that a student poses a risk to children and/or
vulnerable adults;
iii.
to inform placement providers in relation to any placements the student
may be required to undertake as part of the programme;
iv
to inform the immigration service within the Home Office , in case of a
significant change in the circumstances of a tier 4 international student.
The student will be informed in the event of any such disclosures and will
be reminded of his/her obligation to disclose any specified conditions to the
HCPC, at the appropriate time.
12.2 The University will also reserve the right to disclose details of proven Fitness
to Practise cases to any third party in the event of a reference request
where the University considers it to be relevant. The student will be informed
in the event of any such disclosure.
12.3 The University will retain a record of proven Fitness to Practise cases in a
secure relevant filing system for a period of at least six years.
12.4 The University will collect aggregated data about Fitness to Practise cases
and will submit an annual report to School Academic Standards Committee
and University Academic Quality and Standards Policy Committee for the
purposes of quality assuring the provision of professional education and
improving the provision of guidance to students about professional conduct
and behaviour.
Guidance provided by Statutory/ Regulatory Bodies on student fitness to
practise
Regulator

Health and Care Professions Council (HCPC)
Guidance on health and character http://www.hpc-uk.org
Standards of conduct, performance and ethics for students
http://www.hpc-uk.org
Other relevant web-sites:
Organisation



Disclosure and Barring Service http://homeoffice.gov.uk
British Psychological Society www.bps.org.uk
Office of the Independent Adjudicator for Higher Education (OIA)
http://www.oiahe.org.uk
APPENDIX 1
DEFINITION, EXAMPLES AND CATEGORIES OF FITNESS TO PRACTISE
CONCERNS
1.0 Definition
1.1
Fitness to Practise
The University has a duty to protect the public by ensuring that each student
is fit for practice placements and fit to practise at the point of registration
with the relevant Professional/Statutory /Regulatory Body (PSRB) on
completion of their programme.
The University defines ‘fitness to practise’ to denote that the student is
suitable in terms of competence, standards of behaviour, health and
character to participate in practice to the level required by a particular stage
of the programme and at any stage in a student’s practice placement.
2.0 Categories of Concern
The following list which is not exhaustive includes categories of concern with
some illustrative examples of each:

Criminal conviction, caution, reprimand or penalty notice of disorder
(PND) or equivalent, relating to; theft; financial fraud; possession of
illegal substances; creating or obtaining child pornography; child abuse
or any other abuse

Drug or alcohol misuse: driving with excess alcohol or under the
influence of drugs; alcohol that effects the work or the work
environment; misusing therapeutic or illicit drugs; possessing or
dealing illicit drugs, even if there are no legal proceedings

Aggressive, violent or threatening behaviour: assault; sexual assault;
physical violence; bullying; verbal abuse;

Persistent inappropriate attitude or behaviour: lack of commitment in
the University and practice; poor time management; infrequent
attendance; poor communication; failure to accept or follow advice;
failure to follow health and safety requirements; or failure to follow
rules and regulations;

Patient/client safety issues; unsafe practice; or at high risk of becoming
unsafe;

Academic cheating; theft, falsification, impersonation;




Dishonesty or fraud, including dishonesty outside of the professional
role: falsifying signatures, documentation, qualifications,
misrepresentation, financial fraud;
Unprofessional digital identity;
Unprofessional behaviour or attitudes: breach of confidentiality, sexual,
racial or other forms of harassment, failure to observe appropriate
boundaries in behaviour; persistent rudeness; bullying; unlawful
discrimination; failure to comply with programme attendance
requirements specified by professional/statutory bodies
Health concerns and lack of insight or management of these concerns:
failure to seek appropriate medical treatment or other support; failure
to follow medical advice or care plans in relation to maintaining fitness
to practise; failure to report health concerns; failure to recognise limits
and abilities or lack of insight into health concerns; treatment resistant
conditions, which might impair fitness to practise.
3.0 Decision Making
Decisions about fitness to practise cases need to be made on a case-bycase basis by staff in the light of the circumstances of each case and all the
relevant and available evidence.
Fitness to practise of students should be considered in relation to how
behaviour and health may impact on the safety of patients, the public, other
students and staff and on the public’s trust in the profession.
Appendix 2
Appeals Process
1.0
Application Process
1.1
In exceptional circumstances, a student may make a written appeal, within 10
working days of written notification of the Fitness to Practise Panel decision
that Fitness to Practise concerns are proven. Appeals should be made to the
Ombuds Officer, in the first instance and must state the ground(s) for appeal.
Failure to do so may result in the appeal being automatically rejected.
1.2
Applications can only be made on the following grounds:
 that the decision reached by the Fitness to Practise Panel as to whether the
fitness to practise allegation was wholly inconsistent and/or unsupported
by evidence;
and/or
 that there was a material and/or procedural irregularity by the Fitness to
Practise Panel Hearing which has prejudiced the student’s case;
and/or
 additional evidence has come to light, since the decision of the Fitness to
Practise Panel Hearing, which could not have been expected to have
been produced at the time of the consideration of the case.
Students may not challenge the Professional judgement of the Fitness to
Practise Panel
1.3
The following procedure will apply if it appears to the Ombuds Officer that the
student's application is incomplete, misconceived or out of time.
The Ombuds Officer will liaise with the Chair, or nominee, of the Review Panel
to agree that the application is misconceived, incomplete or is out of time and
that the student has failed to show why it was not reasonably practicable for
him/her to submit the application in time. In such cases, the Chair or nominee
shall have the power to dismiss the application, in which event the provisions
of section 6.0 of this Appendix shall apply as if the full Review Panel had met
and had dismissed the application.
2.0
Constitution of the Fitness to Practise Review Panel
2.1
The Review Panel will normally consist of the following three members:

The Chair shall be the Deputy Vice Chancellor (Learning and Student
Experience) or nominee.

A Dean/Deputy Dean/Assistant Dean from a School other than School of
Social Sciences and Law who has not been involved in the formal Fitness
to Practise hearing.

A staff member of the Academic Board from a School, other than the
School of Social Sciences and Law.

An Officer of the Students' Union (not previously involved in the case).
2.2
The Review Panel may choose to conduct business if one member is unable
to be present for any reason. However, a representative of the Students’
Union must always be present for business to be conducted.
2.3
A secretary will also attend to take formal minutes of the proceedings along
with an Officer who will act as Clerk to the Review Panel and provide advice
and guidance on the regulations.
2.4
Meetings of the Review Panel will be held as soon as it proves possible to
convene a meeting of members.
3.0
Informing the Student
3.1
The Ombuds Officer will arrange for a University Fitness to Practise Review
Panel to be convened and formally notify the student concerned no later than
5 working days prior to the Review Panel Hearing. The correspondence must
include:
3.1.1. The date, time and venue of the Review Panel Hearing.
3.1.2 Their right to be accompanied by a friend, who is entitled to speak or
act on their behalf.
3.1.3 A copy of the current Fitness to Practise Regulations
3.1.4 The constitution of the Review Panel.
3.1.5 Notification that the Review Panel Hearing will proceed in their
absence should they fail to provide reasonable explanation for their
non- attendance.
4
Advising the Chair of the Fitness to Practise Panel Hearing
4.1
The Ombuds Officer will inform the Chair of the Fitness to Practise Panel
Hearing, in writing, giving a minimum of 5 working days prior to the Review
Panel Hearing. The correspondence will include:
1.1.1
The date, time and venue of the Review Panel Hearing.
4.1.2 Their right to be accompanied by a friend, who is entitled to speak or
act on their behalf.
4.1.3 A copy of the current Fitness to Practise Regulations
4.1.4 The constitution of the Review Panel.
5.0
Procedure for the University Fitness to Practise Review Panel Hearing
5.1
It will not normally be possible for the date of the Review Panel Hearing to be
changed, and this will only be done in respect of extenuating circumstances,
for example medical treatment. Holiday arrangements do not normally
constitute a valid reason. Any requests for a change in the date of a Review
Panel Hearing must be submitted in writing to the Ombuds Officer, and the
decision to change agreed arrangements will be taken by the Chair. Where a
decision to re-arrange a Review Panel Hearing has been refused the student
will be informed, in writing of the refusal, and the case will considered in the
absence of the student.
5.2
In considering the application, the Review Panel may call any relevant
persons to give evidence. If it is expected that attendance of a member of
staff may be required by the Panel, 5 working days’ notice of the meeting
should normally be given and the member of staff may be accompanied to the
meeting by a friend. The Review Panel Chair will provide the member of staff
with the appropriate documentation.
5.3
The presentation of any new documentation, on the day of the Review Panel
Hearing, will only be accepted in extenuating circumstances with agreement
of the Chair of the Review Panel. This may result in a suspension of
proceedings to provide all parties with the opportunity to consider the new
documentation.
5.4
Information given in writing to the Ombuds Officer, prior to the Review Panel
Hearing, will be communicated to the Review Panel. Information given orally
to the Secretary may not be communicated to the Review Panel.
5.5
All participants will be expected to behave in an orderly and nonconfrontational manner. If the Chair deems it necessary they may adjourn
proceedings if, in their opinion, progress of the Review Panel Hearing is being
impeded.
5.6
During the Review Panel Hearing:
5.6.1 The Chair will outline the procedure of the Review Panel Hearing to all
parties.
5.6.2 The Chair will ask the student and/or friend to present their case in
support of their appeal.
5.6.3 Members of the Review Panel may ask questions of the student and/or
their friend.
5.6.4 The Chair will ask the student and/or their friend to leave the meeting.
5.6.5 The Chair will ask the School representative(s) to present their case.
5.6.6 Members of the Review Panel may ask questions of the School
representative(s).
5.6.7 The Chair will ask the School representative(s) to leave the meeting.
5.6.8 The Panel will consider the evidence in private and reach a decision in
accordance with section 6.0 of this Appendix.
5.7
The Review Panel has the authority to adjourn the Review Panel Hearing if it
requires further information or evidence as it deems appropriate to assist in
making its decision.
6.0
Fitness to Practise Review Panel Decision
After consideration of the available evidence relating to an application, the
Review Panel may:
6.1
Reject the application;
or
6.2
Refer the application, and all relevant documentation available to the Review
Panel, back to the Fitness to Practise Panel, inviting reconsideration of the
earlier decision in the light of the information now available.
or
6.3
Refer the application, and all relevant documentation available to the Review
Panel, back to the Fitness to Practise Panel directing the Panel to assess
implications and act on any consequences, within the regulations.
or
6.4
Refer the application, and all relevant documentation available to the Review
Panel, back to the Fitness to Practise Panel directing rectification of specified
matters, assessment of implications and action on any consequences, within
the regulations.
The Review Panel shall keep a record of its proceedings. The decision shall
be circulated to the student, the School/collaborative partner and also, when
appropriate, to any Academic Board Standing Committee with overall
responsibility for assessment matters, so that any issues of principle or
general interest may be identified and acted upon. The record shall also be
available to the Academic Board in extenuating circumstances.
7.0
Procedure following the Decision of the Fitness to Practise Review
Panel Hearing
7.1
The student and the Chair of the Fitness to Practise Panel will be informed by
the Ombuds Office, in writing, of the decision of the Review Panel normally
within 5 working days of the Review Panel Hearing.
7.2
Where an application is not upheld, the decision of the Review Panel shall be
effective immediately.
7.3
Where an application is not upheld, the student shall be issued normally
within 5 working days of the Review Panel Hearing, with a ‘Letter of
Completion’ of internal proceedings in the manner prescribed by the Office of
the Independent Adjudicator for Higher Education [OIA]. A student who is of
the opinion that their case is unresolved may apply to the OIA for
reconsideration of their case under the rules of its scheme within three
months of the issue of the ‘Letter of Completion’. Information of the process
may be obtained directly from the OIA at http://www.oiahe.org.uk.
7.4
When it is decided that a case shall be referred back to the School:
7.4.1 The Ombuds Officer will advise the student that some delay is
inevitable before a final decision is reached.
7.4.2 The Ombuds Officer will inform the student how their case will be
presented to the reconvened Fitness to Practise Panel.
7.4.3 All papers considered by the Review Panel will be forwarded to the
Chair of the reconvened Fitness to Practise Panel (together with the
relevant record of the Review Panel) unless, in extenuating
circumstances, the Chair of the Review Panel Hearing directs that it
would be appropriate to withhold some of the documentation or agrees
with a request by the student to withhold sensitive personal information.
The independent person from the School or University and the Chair of
the re-convened Fitness to Practise Panel Hearing must not have had
any previous involvement in the case.
7.4.4 Where an application is referred back to a reconvened Fitness to
Practise Panel, that Panel’s ultimate decision shall be final.
7.4.5 The reconvened Fitness to Practise Panel shall meet as promptly as
possible to consider a reference back and make a decision on whether
Fitness to Practise has occurred. The Chair of the reconvened Panel is
responsible for communicating the outcome to the student and to the
Ombuds Officer in writing, normally within 5 working days of the Fitness
to Practise Panel Hearing, but there is no requirement to advise the
student of the reasons leading to the decision reached.