Regulations Governing Fitness to Practise 2024-25

• 12.5.3. The decision of the Appeals Committee is final. At this point our internal appeal mechanisms are complete and a Completion of Procedures letter will be issued by the President and Vice-Chancellor for rejected appeals.

13. Timelines

13.1 We aim to complete our Fitness to Practise process, including appeals, within 3 months of first being notified of a case. This is typically around 45 days where the facts have been established through another internal procedure or a criminal conviction. However, the duration will be affected if there are difficulties with availability of witnesses, specialist panellists, your case is complex or where your case is suspended for any reason, such as a criminal investigation.

13.2 Where there are delays, we will keep you informed about the progress of the investigation, and when it is likely to conclude.

14. Sharing of information, confidentiality and data protection

14.1 We process your personal data in accordance with our Data Protection Policy (which includes a retention schedule) and our Privacy Notice.

14.2 We may disclose details of concerns, reports or outcomes to other higher education institutions where you apply to study a programme with them which require being fit to practise (or a national body which represents them such as the Medical Schools Council), a placement provider, the relevant PSRB or regulator for your programme. This includes circumstances where you have withdrawn after we commence a Fitness to Practise procedure.

15. Training

15.1 All our staff involved in your case will be suitably qualified, trained and/or experienced.

16. External review

16.1 A Completion of Procedures letter signifies that our internal procedure for appeals has been completed and will normally be sent to you within 28 days of our final decision where an appeal is rejected. The letter will provide you with information about complaining to the OIA.

16.2 Information about the OIA's procedures may be found at http://www.oiahe.org.uk/ or in the OIA leaflet 'An Introduction to the Student Complaints Scheme' which is available from the Students’ Union Advice Centre. If you wish to make a case with the OIA you must do so within the timeframe set down in the Rules of the Student Complaints Scheme which is 12 months from the date of the Completion of Procedures Letter. A complaint must be made in writing using the Scheme Application Form.

16.3 Contact details for the Office of the Independent Adjudicator are:

Office of the Independent Adjudicator Second Floor 
Abbey Wharf 
57 – 75 Kings Road Reading 
RG1 3AB

Tel: 0118 959 9813

Email: enquiries@oiahe.org.uk

Section B – fitness to practise procedure

We may make Reasonable adjustments to this procedure may be made, when appropriate, if you have for students with additional needs or to allow for other factors that would otherwise place a student you at a disadvantage. This may include holding meetings by videoconferencing (e.g. Skype), telephone conferencing or other appropriate means. Where appropriate the School should consult with Enabling Services with reference to reasonable adjustments.

1. Reporting a concern

1.1 Where a concern is raised about you, this will be referred to your Faculty who will determine whether to instigate a Fitness to Practise investigation and also consider whether any suspension/practice restrictions are warranted in accordance with the Policy Section A 8.

1.2 You will be notified of the concern and the reasons for the concern in writing and normally within 5 working days of the decision to continue with this matter through these procedures refer to Fitness to Practise, and before any investigation begins.

1.3 You will have an opportunity to respond to the concern raised.

2. Initial review by fitness to practise investigator

2.1 We will appoint an investigator from amongst suitably experienced members of staff.

2.2 The Investigator for your case will not be, nor have ever:

• 2.2.1 been your Personal Academic Tutor;
• 2.2.2 been in a relationship with you (for example through tutoring or project/dissertation supervision);
• 2.2.3 previously discussed this concern with you.

2.3 You will be given an opportunity to provide a written statement in response to the concern raised. Support is available to help you write a statement and you may approach the Students’ Union Advice Centre for advice and guidance on statement writing.

2.4 The investigator will normally interview you, any key witnesses and may decide whether to interview the person that raised the concern. We will keep written notes of these meetings. Interviewees will be provided with a copy of their notes and asked to confirm their accuracy. If any revisions are made both the original and any revisions become part of the documentation.

2.5 Previous findings of past conduct (e.g. previous Academic Conduct breaches or previous Fitness to Practise matters) will be taken into consideration as part of the investigation.

2.6 You will receive a copy of the investigation report and any supporting documentation which the report relies normally within 5 working days.

3. Notification of the Fitness to Practise Panel meeting

3.1 The Fitness to Practise Panel will be constituted in accordance with the Section A 10.

3.2 We will provide you with details of the proposed panellists to be appointed prior to providing them with any sensitive information so that you are given an opportunity to raise concerns about the proposed appointments under the remit of section A 10 and before we finalise their appointments.

3.3 At this stage, we will provide you with and ask you to provide us with:

• 3.3.1 a range of dates and times available for a Fitness to Practise meeting;
• 3.3.2 a summary of the information to be relied on at the Fitness to Practise panel meeting;
• 3.3.3 the names of any witnesses to be called. Names and contact details of all witnesses should be provided to us. No witnesses may give oral evidence without having first submitted a written statement;
• 3.3.4 the estimated duration of the meeting. The duration of the meeting will vary from case to case but must be proportionate to the seriousness of the concern raised, the facts in dispute and the number of witnesses to be called;
• 3.3.5 any further documentary evidence (apart from the investigation report) to be relied upon or referred to at the Fitness to Practise meeting.

3.4 Any decision that needs to be taken in respect of the conduct of the Panel meeting in advance of that meeting, will be taken by the Chair. The Chair has the right to refuse to allow such oral evidence to be heard if it is not relevant to the case. Character witnesses will normally not be permitted to give oral evidence. If you present new/additional evidence at this stage not considered by the investigator, then the Chair may determine to allow that information, alternatively call for the investigation to be re-opened at this stage to consider that evidence and prepare a supplementary report.

3.5 Following this exchange of information, we will estimate the duration of the meeting and where needed, discuss ways in which to manage the time available for the meeting.

3.6 We will give you written notice of the date, time and place of the meeting. The meeting will be held as soon as practicable and normally within 15 working days after all relevant information and discussions in this section have been exchanged.

3.7 We will provide you and each member of the Panel with an agenda and a single accompanying bundle of documentation to be relied upon or referred to at that meeting at least 10 working days before the date of the Panel meeting. The bundle will normally consist of:

• 3.7.1 your progression information;
• 3.7.2 the Investigator’s report and supporting evidence;
• 3.7.3 any additional relevant documentation under paragraph 3.3.5.

4. Fitness to Practise Panel meeting

4.1 Late evidence is not normally allowed to be presented at the Fitness to Practise Panel. If new/additional evidence is presented, then it may be necessary to adjourn or re-organise the Fitness to Practise panel to allow full consideration of it.

4.2 The investigator will present the report and a member of the Student Casework Team will attend as a Secretary. The Secretary is not a panel member but will be present throughout the proceedings.

4.3 If you are taking a programme with joint honours the Chair of the Fitness to Practise Panel must not be from either Faculty associated with your programme.

4.4 A further member of Faculty staff may attend to observe, this is undertaken in the spirit of staff development and training. You will be advised in advance and can refuse the attendance of the observer.

5. Conduct of Fitness to Practise Panel meeting

5.1 The Chair will invite you, your companion (if any) and the investigator to enter the meeting together.

5.2 The Chair of the Panel will:

• 5.2.1 welcome you, introduce those present, explain their roles and the procedure to be followed;
• 5.2.2 invite the investigator to present the case and call witnesses. You and the panel may ask the investigator and/or witnesses questions;
• 5.2.3 invite you to make a statement and call your witnesses. The panel and the investigator may question you and/or your witnesses;
• 5.2.4 invite the investigator to add any further comments;
• 5.2.5 invite you to make any further comments;
• 5.2.6 give you and the investigator an opportunity to make a final statement and raise any further points.

5.3 Once the Chair is satisfied that the Panel has completed its questioning and you and the investigator have had an opportunity to convey information to the Panel, you, the investigator, the Faculty representative and any companions will leave the meeting at the same time.

5.4 The Panel will consider its decision in private. The decision must be made solely based on evidence before the Panel.

5.5 The Panel will decide on one of the outcomes set out in Section A11.

5.6 The Panel may adjourn for a period not exceeding 20 working days in the first instance in order to consider new evidence, and its findings or decision deferred accordingly. This will be clearly communicated to you.

5.7 The Panel will advise you and other parties of its decision and reasons in writing normally within 5 working days of the panel reaching its decision.

5.8 For the protection of the public and to ensure continuing support for you, it may be necessary for information about the outcome to be shared with our Occupational Health Services (which includes our third party providers), other relevant internal departments, the relevant health or social care regulator, or the relevant PSRB.

5.9 Where a Panel determines that the appropriate outcome is your termination from the programme, this decision is only a recommendation which must be ratified by the Dean or nominee and reported to Senate.

5.10 Where a Panel determines that the appropriate outcome is your expulsion from the University, this decision is only a recommendation which must be ratified by the President and Vice Chancellor and reported to Senate.

5.11 If a concern is upheld and your programme is terminated, you will not be permitted to register on other professional programmes with us and you may be unable to register on similar programmes elsewhere.

6. Appeals

6.1 You must give a notice of appeal in writing using the Fitness to Practise Appeal Form and to send it to the CQA Team in your relevant Faculty within 10 working days of the outcome of the Fitness to Practise Panel.

6.2 Where we don’t receive an appeal within this period, the appeal period will have expired and the decision of the Fitness to Practise Panel will stand.

6.3 Where we receive an appeal within this period, we will acknowledge receipt of your appeal within 5 working days.

6.4 A member of the Student Casework Team will act as secretary to the Partial Appeals Committee and send the evidence bundle considered by the Fitness to Practise Panel, the outcome of the Panel, the Fitness to Practise Appeal form and any new accompanying evidence to the Partial Appeals Committee.

6.5 The Partial Appeal Committee

• 6.5.1 The Partial Appeal Committee shall be constituted in accordance with the Policy.
• 6.5.2 The Partial Appeals Committee will consider the appeal normally within 10 working days of the Fitness to Practise Appeal Form being received by us and only on the documentary evidence.
• 6.5.3 The Partial Appeals Committee will decide either:
  • (a) that the ground for appeal has not been met and the appeal is refused; or
  • (b) that the ground for appeal appears to have been met and that a meeting of the Full Appeals Committee should be convened to hear the appeal.
• 6.5.4 You will be notified within 5 working days of the outcome of the Partial Appeals Committee. A Completion of Procedures letter will be issued by the Vice Chancellor’s Office where there are no grounds for appeal.

6.6 The Full Appeal Committee

• 6.6.1 A member of the Student Casework Team will act as secretary to the Fitness to Practice Appeals Committee.
• 6.6.2 The Full Appeals Committee will normally be convened within 20 working days of the outcome of the Partial Appeals Committee. It will be constituted in accordance with the policy.

6.7 Members who sit on Appeal Committees, must not have a relationship with the student (e.g. through tutoring, project/dissertation supervision etc.) or have been in previous discussions with the student about their case.

6.8 A member of the Student Casework Team will act as the secretary and will circulate the Appeal Form and any additional evidence to the Chair of the Fitness to Practise Panel, who will be invited to make a written response to the appeal.

6.9 All documentation from the Partial Appeal Committee will be sent, along with the complete Panel papers, to the student, the Chair of the Fitness to Practise Panel and the Fitness to Practise Appeals Committee normally no less than 10 working days before the date of the Appeals Committee meeting.

6.10 The conduct of the Appeals Committee will mirror that of the Fitness to Practise Panel as set out above but will focus on the appeal matters you raise in your appeal submission.

6.11 You will be provided with a final written report of the decision and reasons within 10 working days of the appeal meeting. A report of the outcome will also be sent to Senate.

6.12 The decision of the Appeals Committee is final. At this point our internal appeal mechanisms are complete and a Completion of Procedures letter will automatically be issued for rejected appeals by the President and Vice-Chancellor.

7. List of appendices

7.1 Appendix A - Fitness to Practise Appeal Form