This page contains information regarding fitness to practise and fitness to practise panels at Edge Hill University. The information on this page was compiled by members of our expert Advice Team.

 

Overview

For Regulated Programmes, academic success alone does not satisfy all the necessary requirements for entry into professional practise.

In awarding the appropriate qualification(s), the University must be satisfied that the student will be a fit and proper entrant into the relevant profession. 

From time to time concerns may be raised regarding a student’s suitability to enter into their chosen profession. This may be for reasons relating to their personal or professional conduct, or their health and wellbeing. 

In these circumstances, it is of paramount importance that the University monitors and, where appropriate, investigates all concerns to ensure that Edge Hill students are fit and proper individuals to enter professional practise. Where such concerns are identified, this Fitness to Practise Procedure must be followed.

Where a student is registered on a programme that leads directly to, or which satisfies the conditions of, a professional qualifications or which gives the right to practise in one or more professions, the student must not engage in any behaviour which renders them unfit to be admitted to that profession.

These procedures should not be initiated in cases where a student is not meeting the required competencies for the programme. Students failing to meet the academic or practical aspects of their programme should be considered under Academic Regulations.

 

 

Identifying fitness to practise concerns:

The following circumstances are examples which could render a student unfit to practise (Personal misconduct, Professional misconduct, and Physical/Mental Health):

• Offences against or exploiting the vulnerable, including children, the elderly and the mentally incapacitated.
• Chronic drug or alcohol abuse.
• Acting in a violent manner on or away from Edge Hill premises.
• Conviction of a relevant criminal offence.
• Intimidation of pupils, fellow students, patients, or clients.
• Failure to rectify behaviour that has been subject to any disciplinary actions under the Edge Hill regulations.
• Repeated inappropriate behaviour towards others.
• Falsification of records.

• Severe or relapsing mental illness including the following:
  • Failure to notify the University of a mental illness
  • Failure to obtain treatment and/or follow a care plan
  • Unwillingness to access medical and/or other support
  • Being a carrier of a serious communicable disease
  • Any circumstances which may breach the professional code of practise applicable to the profession which the programme qualifies the student to enter upon graduation.
  • Committing academic malpractice

The University operates on the assumption that all students are deemed fit to practise unless evidence arises that demonstrates otherwise. This incorporates all disabilities that a student may declare. 

A physical or mental health condition alone is not usually sufficient to conclude impairment. It is normally a student’s failure to seek the appropriate help or engage in the process to manage any condition that may call into question their fitness to practise.

Where a student is not able to demonstrate the necessary competencies, having exhausted all options for support and adjustment, a Fitness to Practise Investigation may be conducted.

 

 

Duty to disclose:

Students undertaking Regulated Programmes are expected to always act with honesty and integrity.

Students are obliged to disclose any relevant findings made by another University and/or educational establishment and/or a regulatory body from the sector in which the student wishes to qualify (within or outside of the UK). Failure to make such a disclosure will be treated as a serious disciplinary matter by the University.

 

 

Consideration of fitness to practise:

On receipt of any concern relating to a student’s fitness to practise, the Designated Officer will evaluate the information received and decide the appropriate course of action to take.

The Designated Officer should take the following factors into account when determining how to proceed: 
 

• The nature and seriousness of the allegation received
• Any guidance issued by the University and/or the relevant regulatory body that relates to the nature of the concern 
• Any statement, letter, evidence, etc. submitted in support of the allegation 
• Any relevant information held by the University about the student concerned which the Designated Officer deems it is legitimate to consider at this stage, for example previous disciplinary matters and/or fitness to practise concerns 

Where the Designated Officer determines that there is cause for concern, they will decide whether there is an immediate need to suspend the student as a precautionary measure. 

The Designated Officer should then decide whether the matter can be dealt with locally as a low level concern or whether a fitness to practise investigation should be conducted. In making this decision the Designated Officer should have regard to the following guidance:

 

 

Low level concerns:

On occasions, student behaviour may fall short of the standard expected of students in general and/or students on Regulated Programmes.

Examples include lateness, missing submission deadlines and unauthorised absence from teaching sessions.

 These matters do not necessarily raise concerns about a student’s ability to practise safely but are areas which must be addressed with the student in the context of their place on a Regulated Programme. 

 

 

Matters giving rise to a fitness to practise investigation:

A combination of low level concerns may, over time, demonstrate a wider concern that suggests the student’s fitness to practise is impaired.

Further, individual events of a more serious nature may directly call into question a student’s fitness to practise. 

A fitness to practise investigation should always be undertaken where the Designated Officer believes that: 
 

• The student poses a risk to themselves or any other person, particularly children, vulnerable adults and the public
• The student’s conduct fundamentally conflicts with the standards expected of the profession and may undermine the public’s trust in the profession

If the Dean of Faculty believes the student’s fitness to practise is not impaired, they will inform the Designated Officer of their decision and give reasons for this. In doing so, the Dean of Faculty may decide that no further action is necessary or refer the matter to be dealt with under the low level concerns procedures. A summary of proceedings and any follow up action will be provided to the student. 

If the Dean of Faculty agrees that the student’s fitness to practise may be impaired, they will appoint a senior academic from within the faculty to conduct an investigation (‘the Investigating Officer’). The student will receive written notification of the investigation and a copy of these Procedures.

Where the Investigating Officer does not believe there is sufficient evidence to call into question the student’s fitness to practise, they may make any of the following recommendation(s) to the Dean of Faculty:
 

• To take no further action against the student
• To refer the student for monitoring under the low level concerns procedure, which may include issuing the student with a formal warning in relation to their conduct and/or requiring the student to sign an undertaking which outlines any action(s) they must take to rectify their behaviour and/or to obtain necessary medical treatment
• To refer the student for appropriate support

 

 

Implementing a fitness to practise panel:

Each Panel consists of four individuals: 

• Chair – The Chair will be a dean or associate dean from a faculty other than the student’s own, or a dean of service
• One member of academic staff from the student’s own faculty, drawn from the pool of nominated members
• An Edge Hill Students’ Union representative
• One external professional representative from the student’s chosen profession who is licensed/authorised to practise by the relevant professional body

The role of a Fitness to Practise Panel is to make an independent decision on a student’s fitness to practise and take appropriate action based on the evidence gathered and presented to them.

Having considered all the evidence available as to whether the student’s fitness to practise is impaired, the Panel must then make a conclusion.

In forming this judgement, the Panel must consider whether the student’s behaviour:

• May be a risk to children, vulnerable people and/or the public
• Fundamentally conflicts with the standards expected of the profession and may undermine the public’s trust in the profession

If the Panel finds that the student’s fitness to practise is impaired, it must decide to what extent there is impairment and agree what action to take.

While all Panels are expected to consistently apply the principles set out in these Procedures, the individual circumstances of each case will determine the specific action recommended by the Panel.

Where the Panel decides that the student’s fitness to practise is not impaired, the following outcomes are available:

• Take no further action
• Issue the student with an official warning regarding their future conduct 
• Require the student to sign an undertaking in relation to their future conduct. This may include steps the student needs to take to ensure that any problems with their physical/mental health do not create a risk for themselves or others.
• Refer the student for monitoring under the arrangements for monitoring low level concerns
• Any reasonable action, including referrals to support services, to enable the student to successfully undertake a Regulated Programme.

Where the Panel decides that the student’s fitness to practise is impaired, the following outcomes, including a combination of these outcomes, are available:
 

• Issue the student with an official warning about their future conduct. 
• Require the student to sign an undertaking regarding their future conduct. This may include steps the student needs to take to ensure that any problems with their physical/mental health do not create a risk for themselves or others. 
• Place conditions on the student’s continued registration on the relevant Regulated Programme. Such conditions should not be arbitrary in nature, but designed to ensure that their future conduct and/or physical/mental health is appropriately monitored to ensure the safety of others.
• Require the student to undertake a specified period of interruption. At the end of that period, the student must satisfy the Dean of Faculty that they are suitable and safe to re-join their programme of study and that they meet all the normal criteria for entry to the programme relating to health and personal conduct.
• Fail and withdraw the student from their programme of study but allow the student to apply to transfer to an alternative programme that does not lead to professional registration.
• As a last resort, the Panel may decide that the student is failed and withdrawn from their programme of study and expelled from the University. 
   

When deciding upon the appropriate outcome, the Panel must: 

• Consider outcomes in the order outlined above, i.e. in order of increasing seriousness 
• Agree that the outcome is appropriate for the circumstances of the case, and give reasons for the decision 
• Where possible, be consistent with previous decisions made in similar cases concerning other students.

The Panel Secretary will inform the student of the Panel’s decision and any sanction, in writing, within five working days of the decision being made.

This letter will give detailed reasons about why the Panel came to its decision and advise the student of their right to lodge an appeal.

 

 

Grounds for appeal:

Where a student does not agree with a Panel’s decision, they have the right to submit an appeal. This should be done by the student within 10 working days of the decision being communicated.

The grounds for appeal are:

• Procedural irregularity in the fitness to practise process 
• Bias, or perceptions of bias, at any point within the process
• New evidence has come to light which, for good reason, was not available to the Panel and now may undermine the decision that they made
• The decision made by the Panel was unreasonable in all the circumstances

Following receipt of an appeal by a student (in writing), a senior manager will be appointed to consider the grounds. The senior manager will decide whether the student’s appeal meets one or more of the grounds outlined above.

If the senior manager believes that the student does not satisfy any of the criteria to appeal, they will advise the Academic Registrar that there are no grounds for appeal. The student will be informed in writing of this.

Where the senior manager believes the student has satisfied one or more of the grounds to appeal, they will advise the Academic Registrar that an appeal panel should be convened. 20 working days is the normal deadline for this part of the procedure.

The Appeal Panel holds the authority to reinstate a student to a Regulated Programme and/or apply any, or a combination of, the following outcomes:
 

• Issue the student with an official warning about their future conduct.
• Require the student to sign an undertaking regarding their future conduct. This may include steps the student needs to take to ensure that any problems with their physical/mental health do not create a risk for themselves or others.
• Place conditions on the student’s continued registration on the relevant Regulated Programme. Such conditions should not be arbitrary in nature but designed to ensure that their future conduct and/or physical/mental health is appropriately monitored to ensure the safety of others.
• Require the student to undertake a specified period of interruption. At the end of that period, the student must satisfy the Dean of Faculty that they are safe to rejoin their programme of study and that they meet all the normal criteria for entry to the programme relating to health and personal conduct. 
• Allow the student to register on an alternative programme that does not lead to professional registration and/or involve regulated activity such as placements in professional settings.

There is no further right of appeal within the University following consideration of the matter by an Appeal Panel.

 

 

Office of the Independent Adjudicator (OIA)

Where a student remains dissatisfied with the outcome of their Appeal, the student has the right to refer the matter to the Office of the Independent Adjudicator for Higher Education (the OIA) providing any such referral is made in accordance with the OIA’s rules.

If you have been invited to a Fitness to Practise investigation meeting or panel meeting and would like advice and support from the SU advice service, it is vital that you contact us at the earliest opportunity.

You can book an appointment here.

An adviser will only be able to attend a panel hearing if;
 

• They have seen all relevant documentation at least 5 working days prior to the hearing (this would be);
• The invite(s) to the investigation stage and / or panel hearing.
• Any documentation / report relating to the concerns being investigated.
• Any evidence presented by the university.
• Any statement and evidence you would want to be considered at the meeting / hearing.
• The adviser will also require to meet /speak with you after reviewing all of the above and prior to any meeting / hearing.

 

Without the above criteria being adhered to, we cannot guarantee an adviser will attend as they would not be expected to attend any hearing where they have not had appropriate time to review all of the essential documentation and be appropriately prepared.