Fitness for Registration and Practice
As per the B5 Fitness for Registration and Practice Regulations, the College has a responsibility in respect of students who are following a programme of study leading to a professional qualification which is registrable with a statutory regulatory body. In addition to conferring the relevant qualification, the College must be satisfied that the student would be a safe and suitable entrant to the given profession and is, therefore, fit for registration and practice.
The programmes of study to which this responsibility applies, are: -
(a) All programmes in Midwifery with registration;
(b) All programmes in Nursing with registration;
(c) BSc Nutrition and Dietetics;
(d) PGDip Dietetics;
(e) MSc Dietetics;
(f) BSc Physiotherapy;
(g) MSc Physiotherapy;
(h) MBBS;
(i) BDS;
(j) MPharm;
(k) DClinPsych;
(l) PGCE Postgraduate Certificate in Education; and
(m) PCE Professional Graduate Certificate in Education.
Referral
There are two possible routes of referral to the Director of Students & Education where a student's fitness for registration and practice has been called into question: -
(a) Misconduct: Where a student faces an allegation of misconduct under the B3 Misconduct Regulations, the case may be referred by the investigator for consideration by a Fitness to Practise Committee. Alternatively, where a case upheld by a Misconduct Committee, the Faculty/Institute/School may determine it necessary to refer the case for consideration by a Fitness to Practise Committee.
(b) Other matters which justify referral: Where a student demonstrates behaviour and/or health issues which do not constitute misconduct but which raise concerns with their fitness for registration or practice, the Faculty/Institute/School shall investigate the matter and determine whether the case should be referred for consideration by a Fitness to Practise Committee.
Where the alleged misconduct could also constitute an offence under the criminal law, the College's procedures may be delayed until the police and/or courts have completed their investigations and proceedings.
The Fitness to Practise Committee
Where a Fitness to Practise Committee is convened, the student shall normally receive at least 28 days' notice of the Committee, and will be invited to present their case to the Panel. The Executive Dean of the Faculty (or nominee) will present the case against the student on behalf of the College. The Committee will determine whether the student is fit for registration and practice. Where it concludes that this is not the case, it will either order that the student's registration on the programme be terminated, or that the student should undergo medical treatment or other appropriate remedial action, during which the student may be suspended.
The decision of the Committee will normally be communicated to the student and examiners within 7 days of the decision.
Appeal
A student may appeal against the decision of a Fitness to Practise Committee. An appeal must be submitted on a Fitness to Practise Appeal Form to the Student Conduct & Appeals Office within 14 days of the written notification of the Fitness to Practise Committee's decision.
In accordance with the B5 Regulations, the Principal will allow an appeal to be heard, if s/he is satisfied that one or both of the following grounds are met: -
(a) That there is new evidence that could not have been, or for good reason was not, made available at the time of the hearing, and sufficient evidence remains that the appeal warrants further consideration;
(b) That evidence can be produced of significant procedural error on the part of the College before or during the hearing, and sufficient evidence remains that the appeal warrants further consideration.
The Principal also has the discretion to take into account grounds other than those stated above, including grounds of compassion, in deciding whether to allow an appeal to be heard.
The Principal will determine whether the criteria for an appeal have been met. Where they have, an Appeal Committee will be convened; otherwise the appeal will be dismissed. This decision will normally be communicated within 28 days of receipt of the appeal.
Where an Appeal Committee is convened, the student shall normally receive at least 14 days' notice of the hearing, and will be invited to present their case to the Panel. The Committee will determine whether there is sufficient reason to challenge the decision of the original Fitness to Practise Committee; where it concludes such reason is present, they can modify or reverse the findings or order(s) of the Fitness to Practise Committee, or order that the previous decision be set aside and the case be reheard by a Fitness to Practise Committee. The decision of the Committee will normally be communicated to the student and relevant staff within 7 days of the decision.
Office of the Independent Adjudicator