Professional courses are known to be particularly strenuous, whether a student is hoping to qualify as a doctor, nurse, paramedic, accountant, barrister, solicitor architect etc.  They often involve not only the studying that one would expect from any course, but also practical elements, both in terms of placements / work experience as well as practical assessments, such as Objective Structured Clinical Examinations (‘OSCEs’).  There is a difference between a question of fitness to study and fitness to practice.  While both can consider whether a student’s academic ability, adherence to the requirements of the course, or behaviour should warrant their withdrawal from studies; any question of fitness to practice is often considered by reference to a governing body’s regulations (e.g. the General Medical Council (GMC), the Health & Care Professions Council (HCPC), the Bar Council / Bar Standards Board (BSB) etc); and a negative finding by the university can often result in a reference to the governing body.

How the fitness process works

  • A complaint will have been made either to the university, or it will raise it of its own motion;
  • Most procedures will have provision for a member of staff to be appointed as an investigatory officer (I/O) who will gather evidence in respect of the allegation(s). This often entails investigatory meetings, compiling statements and gathering other forms of evidence; following which the I/O will reach a decision on whether to refer the allegations to a hearing panel;
  • The student should be able to submit supporting and/or mitigating evidence, which can include expert evidence;
  • The hearing panel should offer the student an opportunity to present their case and to test the evidence against them, and most panels will often be proactive in the hearing. The student should also have the opportunity to offer mitigation for any penalty / punishment in the event that the allegations are found to be proven;
  • The time period within which the decision should be issued is usually prescribed by the procedure;
  • If it is unsuccessful there is usually provision for a stage 2 to allow consideration of either new evidence or any procedural irregularity in the stage 1 process; and
  • If there is not a stage 2 or it proves unsuccessful, a complaint can be made to the OIA within 1 year of receiving a completion of procedures letter.