Fitness To Study And Practise Policy1

For online-only students

For students on the online-only MSc courses, fitness to study concentrates on health issues and support and not on criminal records. This is because all students on these courses must be members of a professional association and already in practice, or returning to practice. They will not be studying in a teaching clinic on College premises.

For students on practitioner training courses taught in College

The important professional idea of fitness to study and practise refers to the requirement that a helping practitioner (and student) be well resourced personally to meet the demands of what is at one and the same time a rewarding and demanding profession. It asks you to monitor yourself and consider how available (physically, personally, emotionally and intellectually) you are to patients and peers at every stage of your training and eventual practice of the discipline.

This is why you completed and returned a fitness to study and practise declaration before commencing your course.

Once you are a student at the College you will be required to repeat the declaration about your fitness to study and practise and any criminal record, the latter only for students studying in a College teaching clinic, at the start of each academic year.

It is impossible to provide an exhaustive list of situations which may raise issues of fitness to practise. The following are some illustrative examples only:

  • Severe chronic physical or psychological illness or disability which cannot be alleviated sufficiently by appropriate treatment or reasonable adjustment.

  • Abuse of alcohol or drugs.

  • Criminal record (in relation to certain offences).

  • Acting in a violent manner.

  • Falsification of patient or other professional records.

  • Concerns regarding general honesty.

It is our experience that there are concerns regarding fitness to practise of applicants or students in only a very small number of cases. If you have any concerns that your particular circumstances may raise fitness to practise issues you are advised to contact the Registrar as early as possible to discuss your circumstances. Once you are a student on the course you can discuss your circumstances with the Course Director (or the Registrar, another tutor, or clinic supervisor, if you prefer).

Most of the courses at the Northern College of Acupuncture are accredited by a professional body, and students who successfully complete the practitioner training stage of their course are then eligible to apply for professional membership. The College has a responsibility to the professions and to the public to ensure that our graduates are fit to practise in their chosen profession. On occasion this responsibility is discharged through the normal assessment and/or disciplinary processes. However, there are also occasions when we are required to exercise professional judgement outside of these processes, as to whether a student meets fitness to practise requirements. Such decisions need to be made either on recruitment, or during the course when concerns are raised which bring into question whether a student is fit to practise. Decisions during the course are made according to the Fitness to Practise procedures described below, in accordance with the requirements of the relevant professional/accrediting bodies.

During recruitment

The College asks all students who accept a place on one of these courses to complete a self-certified Fitness to Study and Practise form. This requires declaration of any previous criminal convictions as well as any physical or mental health issues that may affect ability to study and/or practise. Completion of the Fitness to Study and Practise form is essential to enrol on the chosen course. Non-disclosure and subsequent discovery of a conviction, or other relevant information, is regarded seriously.

Any criminal offence or similar issue declared on the Fitness to Study and Practise form will be dealt with by following the Procedure for Assessing Suitability of Applicants/Students with Criminal Records.

Any physical or mental health issues or disability related to Fitness to Study and Practise which are declared on the Fitness to Study and Practise form will be dealt with by following the Procedure for Assessing Suitability of Applicants/Students with Health Concerns. In these cases, wherever possible the aim is to identify reasonable adjustments which will make it possible for the applicant/student to enrol or continue with their studies.

Acceptance on to the course does not constitute a promise of employment or certification in their chosen field. Students will be made aware that successful completion and award of their degree means that they are eligible to apply for registration with the relevant professional body, who will also then investigate the applicant’s fitness to practise.

After enrolment – DBS checks

Before students commence their clinical training (with the possible exception of a small number of clinical observation days early in the course), students will be asked to provide a Disclosure and Barring Service (DBS) check. Failure to do so, or discovery at this stage of a non-disclosed offence, may give rise to action to suspend or exclude the student from the course, following the Student Disciplinary Procedures and Appeals procedure.

After enrolment – concerns about fitness to study and/or practise

If a student experiences significant ill health, or behaves in an unacceptable manner, or a DBS update is received, or there is any other circumstance which calls into question their fitness to be admitted to and practise their chosen profession, then the Procedures for Concerns about Students’ Fitness to Study and Practise will be followed to assess whether or not they are fit to study and/or practise. 

Principles on which the Fitness to Study and Practise process operates

  • To be transparent, fair and consistent in the way in which professional judgements on fitness to study and practise are made.
  • To work in conjunction with the Regulations of the College.
  • Such judgements are not left to one person to make in isolation.
  • Judgement is exercised in the same way as for practitioners belonging to their professional associations.
  • The process enables a decision to be made in a timely manner.

Fitness to Study and Practise Procedures

These procedures apply to all courses which lead to qualification to practise and eligibility to apply for professional membership.

Recruitment

For most courses all applicants are interviewed, for others all applicants who are not already members of a recognised professional body are interviewed. One purpose of the application and interview process is to determine whether the applicant is apparently fit to study and to practise.

On acceptance of an offer of a place, all applicants are required to complete the Fitness to Study and Practise form. The form asks the applicant to declare any previous criminal convictions as well as any physical or mental health issues that may affect their ability to study and/or practise. Completion of the Fitness to Study and Practise form is essential for students to enrol on their chosen course. Non-disclosure and subsequent discovery of a conviction, or other relevant information, is regarded seriously.

Concerns about fitness to study and practise at the recruitment stage are discussed by a small admissions panel comprised of senior College staff (the Registrar, Principal and Course Director) who review the circumstances in detail and advise on the appropriateness of admission to the course. If a place on the course is offered, conditions may be attached. The full detailed procedures are given below – Procedure for Assessing Suitability of Applicants/Students with Criminal Records/Health Concerns.

DBS checks

This procedure will be used when:

a) A student enrols on a course with a practitioner training element in clinic (i.e. physically registers); or

b) A new clinic supervisor is offered and accepts a position.

Students: two weeks after registration at the start of the first year of their course, and before students commence their clinical training (with the possible exception of a small number of clinical observation days early in the first year), students will be asked to provide a Disclosure and Barring Service (DBS) check. Failure to do so, or discovery at this stage of a non-disclosed offence, will give rise to action to suspend or exclude the student from the course, following the Student Disciplinary Procedures and Appeals procedure

As the College processes less than 100 checks per year, the umbrella body Due Diligence Checking Ltd (DDC) has been appointed to process applications online. The College initiates the process, but the students/new staff member must apply online, in accordance with government regulations.

The Registrar initiates the process by sending the name, email address and some basic contact details to DDC for persons requiring the DBS check. For students, this will be processed two weeks after the registration date (start of term). For a new clinic supervisor, this will be done when a vacancy has been offered and accepted. DDC then email the applicant (i.e. the student or new clinic supervisor), providing them with a log-in and a link to their applicant area. The email also provides some basic information to the applicant about DDC and their relationship to the College.

The applicant logs into the secure applicant area, where they complete the details which are verified online. Once the online form is complete, the applicant nominates corroborating documents that they will use to support the application. These include passport, driving licence, council tax letters, utility bills, birth certificate. Whichever forms they nominate, they will be asked to bring with them to College so that documents can be checked by the Registrar or College Administrator or Student Services Manager/Officer.

The applicant brings their document to College. The documents are checked by the Registrar, Student Services Manager/Officer or College Administrator and their acceptance noted online before the application is submitted.

Note that applicants can register with the government DBS Update service at www.gov.uk/dbs-update-service if they wish to keep their DBS certificates up to date online.

Once the documents are verified, the DDC sends the information to the DBS, the DBS checks the applicant, and once processed, returns the results to DDC who contact the applicant via email. The Registrar is also told that the check has been returned.

Applicants already registered with the DBS Update Service

Applicants who are registered with the DBS Update Service can arrange to meet with a member of the Student Services Team to show their online certification.

Overseas Students

If a student or staff member has not been resident in the UK and/or is not a UK citizen, the College may choose to apply to the relevant Embassy or High Commission for a Certificate of Good Character that confirms the criminal record status in the country of origin. This will be achieved on a case by case basis.

If there is something to disclose (‘has content’)

The Registrar will need to see the certificate to establish what it is and whether it has an impact on the student or new staff member. If the content is relevant, for students the Procedure for Assessing Suitability of Applicants/Students with Criminal Records will be followed (see below).

[In the case of a clinic supervisor position, records of serious criminal offences will be discussed in confidence by the Registrar and (with anonymity preserved) the Principal, and may result in the withdrawal of a clinic supervisor position. Advice in principle may be taken from the relevant professional association (BAcC, BANT/CNHC, RCHM/EHTPA) if it is unclear whether a particular criminal conviction should prevent the person from working as a clinic supervisor. Details should only be given of the known circumstances and the supervisor’s anonymity must be maintained.]

A brief record may be kept of any content, in accordance with data protection legislation. It will be kept securely and destroyed either after the student has completed their studies, or after the resignation of a clinic supervisor. The matter will be discussed briefly in confidence by the Registrar and student or new staff member, to acknowledge its existence and encourage the student/staff member to check with the relevant professional body for themselves.

Procedure for Assessing Suitability of Applicants/Students with Criminal Records

The ‘Fitness to Study and Practise’ self-declaration form completed by accepted applicants and the DBS checks are checked and double checked by the Registrar. Where a criminal record is self-declared, the student is invited at this stage to discuss any potential matters with the Registrar in confidence. Where the Registrar judges that a serious matter may be indicated on the form (or DBS check) they invite the applicant/student to attend an informal and confidential meeting to discuss it. At this stage, some incidents will be so minor as not to warrant consideration, and no further action is indicated. All serious offences listed below must be considered carefully. However, there may be mitigating circumstances such as:

  • Age at the time of the offence.

  • Number of years post offending.

  • The influence of powerful “others” who may have used threat to ensure the student had complied at the time the offence was committed.

  • Violent family members also involved in the criminal act.

  • A “one off” offence not repeated.

When the applicant/student is to be seen personally in this way they are advised that it is quite acceptable to bring with them a friend for support, not at this stage in a formal capacity.

Advice in principle may be taken from the relevant professional association (BAcC, BANT/CNHC, RCHM/EHTPA) if it is unclear whether a particular criminal conviction should prevent the applicant/student from studying, and eventually practising in the profession. Details should only be given of the known circumstances and the applicant/student’s anonymity must be maintained.

Matters felt to warrant further investigation are anonymised by the Registrar, uniquely numbered, and circulated to the appointed members of the admissions committee by email for comment and professional opinion as to future professional practice. (At this stage, the Registrar makes some preliminary recommendations, related to the list agreed as being serious and the nature of the punishment given by the court). The admissions committee comprises the Registrar, Principal and Course Director. The committee reaches a decision as to the future status of the applicant/student on the course, which may be a decision to withdraw an offer of a place or withdraw the student from the course, or a decision to uphold the offer of a place or to allow the student to continue on the course (in some cases conditions may be attached).

The results of this consultation are usually final except that if two or more members of the committee desire a meeting, then this will be called (normally within two weeks). The committee will then discuss the case (anonymised), and make a final and binding decision.

If a decision is made to terminate a student’s training, or not to accept an applicant, then this should be communicated carefully, perhaps at a face to face meeting with senior staff. At the end of this stage the applicant/student may, and if relevant facts have emerged since the decision was made, make a final appeal. However, if the professional practitioners on the admissions committee remain adamant, then the decision will be upheld.

This procedure should comply with the Human Rights Act (2001). The applicant/student will not have to face another “trial” in most if not all cases. In addition, by keeping meetings to a minimum any risk of discrimination by present or future examiners or employers is minimised.

By signing the disclosure at the outset, the student knows this is binding and is a condition of acceptance to commence the course.

The Registrar makes an annual declaration to the Academic Board, stating:

  • Number who entered the course.

  • Number who warranted further investigation.

  • Number seen personally.

  • Number discontinued as a direct result of unsatisfactory DBS / health issues etc.

A brief commentary may be in order, particularly some general observations about the seriousness or otherwise of those offences which warranted further investigation.

List of serious offences

  • Assault occasioning ABH (s47 OAP Act)

  • This includes Domestic Violence (usually but not always custody)

  • Common Assault (s53) CJ Act usually community Penalty

  • GBH with weapons and includes Domestic Violence

  • Assault of a Police Constable

  • Cruelty to children

  • Indecent Assault

  • Burglary

  • False Accounting

  • Handling stolen Goods

  • Making off without payment (S68 theft Act)

  • Deception/Fraud

  • Theft in breach of trust

  • Drug Offences Class A, B with custodial sentence

  • Affray (can cover football violence)

  • Public Disorder (S4 and S.5 public order act) +threat

  • Indecent Assault

  • Harassment

  • Racially Aggravated Assault (ABH)

  • Drink driving or attempting to drive with excess alcohol or while unfit through drink or drugs

  • Driving whilst disqualified (can be custody).

Procedure for Assessing Suitability of Applicants/Students with Health Concerns

Examples of health concerns which could affect fitness to study and/or practise include severe chronic physical or psychological illness or disability which cannot be alleviated sufficiently by appropriate treatment or reasonable adjustment, and abuse of alcohol or drugs. Where a serious concern is identified in relation to a student's fitness to study and/or practise for health reasons (including issues of substance abuse etc.) the admissions committee can ask the student to produce written evidence from a recognised professional with appropriate expertise (such as a medical practitioner) confirming that they are fit to study and practise. If such evidence is not forthcoming the committee can decide to withdraw the offer of a place/ withdraw the student from the course. When such evidence is provided but concerns remain, the Committee will consider the case.

Wherever possible the aim is to identify reasonable adjustments which will make it possible for the applicant/student to enrol or continue with their studies.

The Admissions Committee can invite the student to attend an informal and confidential meeting to discuss the concerns. The student can choose to meet with the Registrar alone or with the three committee members. When the student is to be seen personally in this way they are advised that it is quite acceptable to bring with them a friend for support, not at this stage in a formal capacity.

Advice in principle may be taken from the relevant professional association (BAcC, BANT/CNHC, RCHM/EHTPA) if it is unclear whether a particular health issue should prevent the student from studying, and eventually practising in the profession. Details should only be given of the known circumstances and the student’s anonymity must be maintained.

Matters felt to warrant further investigation are circulated by the Registrar to the appointed members of the admissions committee by email for comment and professional opinion as to future professional practice. If the applicant/student wishes, this process can be anonymised so that their identity is known only to the Registrar. The admissions committee comprises the Registrar, Principal and Course Director. The committee reaches a decision as to the future status of the applicant/student on the course, which may be a decision to withdraw an offer of a place or withdraw the student from the course, or a decision to uphold the offer of a place or to allow the student to continue on the course. When an offer is upheld / continuation is agreed, in some cases conditions may be attached and/or agreed reasonable adjustments may be agreed and implemented.

The results of this consultation are usually final except that if two or more members of the committee desire a meeting, then this will be called (normally within two weeks). The committee will then discuss the case, and make a final and binding decision.

If a decision is made to terminate a student’s training / not accept an applicant then this should be communicated carefully, perhaps at a face to face meeting with senior staff. At the end of this stage the student may, and if relevant facts have emerged since the decision was made, make a final appeal. However, if the professional practitioners on the admissions committee remain adamant then the decision will be upheld.

Assessment and Fitness to Study and Practise

Students’ Fitness to Practise is assessed throughout their course. If a student fails to achieve the required standard they will fail a clinical module, and as a result they will fail to progress or to complete the course. This is part of the normal assessment process and does not need to be dealt with through the Fitness to Study and Practise procedures.

Plagiarism and Fitness to Study and Practise

Serious cases of plagiarism and other forms of unfair practice that have been upheld by the Academic Integrity Procedure will be referred to the Student Progress Committee for consideration as a probable source of serious concern with respect to fitness to study and/or practise.

Procedures for Concerns about Students’ Fitness to Study and Practise

If concerns arise about fitness to practise while a student is studying on the course, as a result of their annual self-declaration, a DBS update, or concerns of College staff, this will be dealt with by the Student Progress Committee. Any member of academic staff can refer a concern about a student to the Student Progress Committee or refer to the Committee for advice.

The Student Progress Committee process is focussed on concerns about a student’s well-being, development as a practitioner, and/or academic progress. See Section 0 of this Handbook for details of this process. Normally such concerns will first be addressed via the informal supportive processes normally used by the Committee, with referral to the personal tutor of suggestions and guidance for the student. However, when concerns about fitness to study or practise persist or when there are concerns which are serious from the outset, the following procedures will be followed.

In serious cases relating to a student’s behaviour and/or development as a practitioner, the Student Progress Committee can refer the matter to a Fitness to Study and Practise Panel for investigation and decision. Alternatively, when the concern is clearly disciplinary in nature the Committee can choose to implement the procedures for probation, suspension or exclusion.

Where a serious concern is identified in relation to a student's fitness to study and/or practise for health reasons (including issues of substance abuse etc.) the committee can ask the student to produce written evidence from a recognised professional with appropriate expertise (such as a medical practitioner) confirming that they are fit to study and practise. If such evidence is not forthcoming the committee can decide to withdraw the student from the course. When such evidence is provided but concerns remain, the Committee can refer the matter for decision to a Fitness to Study and Practise Panel.

Fitness to Study and Practise Panel

Membership:

  • Registrar (Chair) or their nominee
  • members of the academic staff who teach on a course leading to qualification for professional practice; at least one of these should be a senior member of the academic staff

The panel will be appointed by the Registrar, liaising with the Principal, chaired by either the Registrar or their nominee, and will include at least one member currently in professional practice.

On occasion, as part of induction or staff development activity, and with permission of the Chair, an observer may be present, but would not contribute to the decision-making process.

Terms of Reference:

Under the direction of the Chair, the Fitness to Study and Practise Panel is responsible for:

  • Providing professional judgements on students’ fitness to study and practise where issues falling outside of existing admissions, assessment and disciplinary procedures are identified.

  • Recording and monitoring the cases that are dealt with by the Panel.

  • Advising policy and/or procedural amendments to the appropriate forum where required.

  • Providing professional advice on fitness to study and practise issues to College staff.

Mode of Operation:

The procedure will be as follows:

  1. The Registrar will collate the evidence to be reviewed by the panel, both from staff and from the student, and including any medical evidence requested.

  2. The student who has been referred will be sent a referral letter outlining the cause for referral and a request for a reflective statement and any evidence that they wishes to be considered.

  3. Once the evidence from both sides has been collated it will be sent electronically and password protected to the student/applicant and members of the panel.

  4. The panel will complete the review and notify the Registrar of their recommendation normally within 10 working days. If more time is needed, the student will be informed of this within 10 working days. The panel may decide to hold a face to face meeting (which can be an online meeting) or to carry out their review by email correspondence. If the latter, there is no requirement for the student to attend a meeting, although the student can request a face to face meeting (which can be an online meeting) if they wish to present their case in person.

  5. The feedback from the panel will be reviewed by the Chair and a letter will be sent electronically and in hard copy to the student and copied to the Student Progress Committee, detailing the outcome of the review. If the panel cannot agree a majority decision, then the Chair will send all documents to the full Student Progress Committee to review. All case outcomes are reported back to, and monitored by, the full Student Progress Committee.

Outcomes

If the panel decides that the student’s fitness to study and/or practise is impaired, the panel can make decisions which include:

  • allow the student to continue their studies;

  • allow the student to continue their studies with close supervision or other conditions;

  • allow the student to continue their studies with appropriate treatment and support;

  • exclude the student for a period of time;

  • require the student to re-sit part of their course;

  • withdraw the student from studying and require them to leave the College.

Any decision on discontinuation will be notified to the Registrar who will inform the validating partner.

In some cases where at an early stage in their course a student is judged fit to study and to practise under supervision in the teaching clinic, but not fit to practise independently, it may be appropriate to allow the student the choice to transfer to an award which does not lead to eligibility to apply for professional registration and membership, where such an award is available. On some courses, students who are at a later stage of their course may be able to leave with an exit award which does not lead to eligibility to apply for professional registration and membership.

Appeals

An appeal is a request from a student that a decision of the Fitness to Study and Practise Panel should be reviewed because it is believed that an injustice has occurred. A successful appeal results in the panel reconvening to review its decision in the light of the new information although it does not necessarily mean that the original decision of the panel is changed. All appeals must be made through the Registrar. An appeal must be submitted within three weeks of the date that the outcome letter was e-mailed/sent to the student. The appeal will be submitted to the Principal for consideration.

An appeal against a decision of the Fitness to Study and Practise Panel can only be made on the grounds that:

  1. The Fitness to Study and Practise Panel process was not run in accordance with the agreed policy.

  2. There was an administrative error affecting the outcome.

  3. There is additional and relevant evidence that was not seen or was not available at the time the decision was made.

A successful appeal will result in the case being re-heard by the original Fitness to Study and Practise panel with the inclusion of additional member/s, if deemed to be required by the Principal. The meeting will occur face to face (which can be an online meeting). Documentation from the first panel review will be reviewed alongside any new evidence. The student will be invited to attend, but attendance is not mandatory. The student may be accompanied by a friend. If the student chooses not to attend, then the panel will make a decision based solely on the evidence. The appeal panel will be chaired by a member of the Board of Directors/Trustees or a Course Director from a different course to that on which the student is enrolled.

Review of a Fitness to Practise Outcome of Appeal Decision

Students registered with the Health Sciences University:

The outcome of a fitness to practise appeal decision is final within the NCA’s procedures, however students registered on a course validated by the Health Sciences University (HSU) have the right to refer the outcome decision to the Deputy Vice-Chancellor (Education) at the HSU for review within 21 days from receiving the academic appeal outcome.

Students may refer the academic appeal outcome for review to the HSU’s Deputy Vice-Chancellor (Education) if:

a) The NCA’s procedures were not followed properly.

b) The outcome was not reasonable.

c) Students have new material evidence which, for valid reasons, they were unable to provide earlier in the process.

d) There was bias or reasonable perception of bias during the procedure.

e) The action the provider has decided to take is disproportionate, or not permitted under the procedures.

To request a review of the outcome, students should write to the Registrar at the HSU () providing a copy of the outcome and an explanation of why they are requesting a review, in addition to any evidence to support their request for a review.

Further to the review, the HSU’s Deputy Vice-Chancellor (Education) may either uphold the original academic appeal outcome or refer the case back to the formal stage for reconsideration by the NCA.

Where the case is referred back to the formal stage, reconsideration of the case will be undertaken as soon as possible by the NCA, and where practicable within 90 calendar days.

The decision of the HSU’s Deputy Vice-Chancellor (Education) will be final and a Completion of Procedures Letter shall be provided to the student as soon as possible and within 28 days confirming the review decision outcome and reasons for the review decision.

Thereafter students have the right to refer the matter to the Office of the Independent Adjudicator for Higher Education (the OIA) (http://www.oiahe.org.uk/). Students must refer the matter to the OIA within 12 months of the date of their Completion of Procedures letter.

 

1This policy was reviewed and approved by Academic Board 12.05.2022 and is due for review in May 2025.

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