How a concern is raised

17. Concerns can be raised by members of staff, placement providers, another student, employers, Criminal Record Consultative Panel (social work and social care), members of the public, local authorities, and the police.

18. Concerns regarding students can be raised by emailing FTPcasework@shu.ac.uk.

Initial Review

19. When a concern is raised, it will be reviewed at relevant Fitness to Practise Operational Group. The Group will come to its conclusion based on an evaluation of appropriate factors such as professional or regulatory guidance about standards and fitness to practise, extent, impact, intent, repetition, mitigation, the training the student has already experienced, the likely impact of future training, any reasonable adjustments that have been made for a student with a disability, and any reasonable adjustments that may be made for a student with a disability in the future. One of the following options will be decided:

a) there is no case to answer
b) issue advisory information regarding appropriate behaviours and standards allowing students the opportunity to improve their practice and approach
c) require engagement with other University Support Services or external organisations e.g. Occupational Health, Student Wellbeing, Disabled Student Support etc.
d) the case should be progressed to a Fitness to Practise investigation

20. On the basis of a risk assessment, where concerns are raised that if substantiated could mean there is a potential risk to the wellbeing of other students and staff, or the clients or staff of a placement provider, or to your own wellbeing, or to those you care for, we may suspend/temporarily exclude you on a precautionary basis, pending investigation under this procedure. This is not a determination of guilt; it is a way of managing risk until the facts are clear. This suspension may be from placement, from teaching, from the campus, or from all those activities. Wellbeing support will remain available to students who are under suspension. Further details of the suspension process are given in Annex D of the Disciplinary Regulations for Students.

Investigation Stage

21. You will be invited to an investigation meeting with an appointed investigator to discuss the alleged concern. The investigator will not be a member of staff from within your subject area.

22. You will be notified of the alleged concern, how it relates to the relevant professional standards and what evidence there is. At the meeting you will be able to give your account of events and provide any evidence relating to the allegation. The meeting notes may be used in a Fitness to Practise Panel meeting. You will be given five working days' notice of the meeting, be given a written specification of the allegations, and be told that you have a right to be accompanied at the meeting. If the matter is urgent and must be expedited, we reserve the right to schedule a meeting in less than two working days. You will be notified of the reasons for this in writing.

23. The investigator can decide to involve other members of staff or members of external bodies (eg. representatives of placement providers) in the investigation and in meetings with you as is reasonable and appropriate. You will be kept informed of the extent and progress of the investigation.

24. The investigator can also, as is reasonable and appropriate, request an occupational health assessment or a check from the Disclosure and Barring Service.

25. Upon reviewing all information, the investigator may decide to make one or more of the following recommendations to the Fitness to Practise / Professional Issues Operational Group:

a) take no further action under these regulations
b) refer issues for consideration under other regulations
c) allow you to continue fully as a student on the programme but issue some advice as to future conduct / behaviour / professional standards
d) allow you to continue fully as a student with the requirement to complete a written reflective piece of work to reflect on practice and demonstrate insight (Information relating to reflective work provided in annex B)
e) allow you to continue fully as a student but issue supportive improvement measures in the form of an action plan
f) allow you to continue fully as a student with the requirement to access other services such as Occupational Health, Student Wellbeing, Disabled Student Support etc.
g) allow you to continue fully as a student with the requirement to attend an alternative placement.
h) refer the case to a Fitness to Practise Panel.

26. Failure to meet any conditions set as part of the outcome will lead to the case being considered for referral to a Fitness to Practise Panel.

27. You will be notified of the outcome on conclusion of the investigation.

Fitness to Practise Panel

28. Where the Fitness to Practise / Professional Issues Operational Group agree with recommendation to refer a case to a Fitness to Practise Panel then a Panel meeting will be convened comprising of:

• a senior academic member of the student's college or department (Chair)

• one academic member of staff who is professionally qualified from the subject/ professional area in which the student is enrolled

• one member of staff who is not from the subject/ professional area in which the student is enrolled

• where necessary according to specific professional body requirements, one external member with a relevant professional qualification from another institution or body

Professional bodies may have their own requirements for Fitness to Panels in which case the above membership may be varied to meet those requirements.

29. The panel members will have had no previous involvement with the fitness to practise concerns.

30. In attendance at the meeting will be a Case Presenter who will present the case. A Secretary will also be present to take notes of the proceedings and advice on regulations. Neither the Case Presenter nor the Secretary will be members of the Student Disciplinary Panel and will not have any involvement in the Panel’s decision making.

31. The meeting will be arranged as promptly as possible. You will be sent:

• the fitness to practise investigation report including any supporting documents
• a meeting schedule which will include the format of the meeting and the names of Panel members.

32. We will normally send this information so that you receive it 10 working days before the Panel, unless the matter is urgent and must be expedited, the reasons for which will be explained to you in writing.

33. At least 5 working days before the Panel you must inform the Secretary to the Panel of the following

• whether you will be attending the Panel
• provide names of who will be in attendance supporting you at the meeting
• provide copies of any documents or written statements you wish to submit to the Panel.

34. You have the right to attend the Panel, but you do not have to attend. If you choose not to attend, or do not attend after giving notice of attendance, the Chair of the Panel can decide whether the meeting will go ahead as planned in your absence. You can submit a statement to present to the Panel in your absence which must be submitted at least 5 working days before the Panel.

35. The Fitness to Practice Panel will operate in accordance with the procedure outlined in Annex B.

36. The Fitness to Practise Panel will only consider written evidence presented before the meeting and oral evidence presented during the meeting.

37. The Panel can decide to consider the following actions:

a) defer a decision pending the receipt of further information or advice;

b) decide there is no case to answer and no further action will be taken

c) permit the student to continue on the programme, either unconditionally, or subject to one or more of the requirements listed in Point 25.

d) require the student to repeat a specified part or parts of the programme

e) exclude the student from all, or particular aspects of, study on the programme for a specified period of time, not exceeding 12 months

f) exclude the student from further study on the course - any further application for study at the University will be considered in accordance with the University's Admissions Policy;

g) exclude the student from further study on the course and not permitted re-entry to this course or any course with professional requirements within the College or University - any further application for study at the University will be considered in accordance with the University's Admissions Policy;

h) recommendation to the Vice Chancellor for expulsion from the University - no further application for study at the University will be considered.

i) the non-conferment of an award or the withdrawal of an award already made

38. The Panel will come to conclusions about facts on the balance of probabilities, ie, that based on the evidence available, it is more likely than not that you have breached the relevant professional code, standards competences or guidance.

39. The panel will be balanced and proportionate when coming to decisions ensuring mitigating factors are considered. The Panel may consider as appropriate factors such as their findings of fact in relation to statutory or professional or regulatory guidance about standards and fitness to practise, extent, impact, intent, repetition, mitigation, the training the student has already experienced, the likely impact of future training, any reasonable adjustments that have been made for a student with a disability, and any reasonable adjustments that may be made for a student with a disability in the future.

40. You will be informed of the outcome within 5 working days of the Panel including the reasons for the Panel findings and any action imposed.

Right of Appeal

41. You have the right to appeal a decision of the Fitness to Practise Panel within the grounds and timescales set out in the University's Appeals Policy and Procedure

The Office of the Independent Adjudicator

42. You have the right to take your case to the Office of the Independent Adjudicator for Higher Education (the OIA). The OIA is the independent body appointed in the higher education sector to review complaints by students against higher education providers. The OIA will not normally consider a case until the internal procedures of the University have been exhausted and a Completion of Procedures statement is issued.

43. Details of how to make a complaint and the deadlines by which such a complaint must be made can be found on the OIA's website.


Monitoring and Reporting


44. You have a responsibility to advise the appropriate professional body on the outcome of any Fitness to Practise investigation when registering with the professional body if required. Where appropriate, the outcome of the Fitness to Practise investigation will be reported to the relevant professional or statutory or regulatory body after an appeal has been heard or after the period for making an appeal has elapsed. You will normally be informed in advance of the intention to report, the scope of the report and the body or bodies to whom the report will be made.

45. Any action the University takes in relation to Fitness to Practise procedures will not normally be mentioned in student references unless it is relevant to the job / course you have applied for. If the job / course assumes a high level of responsibility (e.g. caring for vulnerable adults or children) and/or a high level of personal integrity, then there may be a duty of care to refer to action taken under these regulations.

46. The University will retain a record of all Fitness to Practise cases in accordance with the provisions outlined in the University’s records management policy. An annual report of fitness to practise cases will be prepared and submitted for the consideration of the key governance committees of the institution and ultimately for the Board of Governors. This report will be anonymous and will primarily focus on a statistical analysis of fitness to practise cases against protected characteristics to provide assurance that the procedures have been fairly applied.