){kind=icon}
){kind=icon}
:focus(1407x906:1408x907))
Part D: Procedure for dealing with professional conduct or suitability concerns (Fitness to Practise)
1. When this procedure applies
1.1. This procedure may be used if you:
1.1.1. are registered on a programme leading to professional registration/accreditation (for example, in the Schools of Education and Lifelong Learning, Health Sciences, Norwich Medical School, Pharmacy, and Social Work); or
1.1.2. maintain accreditation by a professional, statutory and regulatory body (PSRB) while registered on any professional programme.
1.2. In any case where there is a conflict between this Procedure under Part D and the requirements of a PSRB, the latter shall take precedence.
1.3 Nothing in this procedure is intended to prevent action being taken independently by an employer of a student, apprentice or trainee in relation to their employment policies.
1.4 If there is an ongoing investigation by an employer, LADO, PSRB, safeguarding body or the police, the Fitness to Practise Lead may choose to pause operation of this procedure until these processes have concluded.
1.5 Within this procedure, any references to the Fitness to Practise Lead are also interpreted to include a designated Deputy Fitness to Practice Lead or a nominated member of staff appointed in the School.
2. Raising a concern about fitness to practise
2.1. Concerns about your conduct, suitability or Fitness to Practise (as defined in General Regulation 14) should be made through the designated University reporting process. Once the referral is logged by the University, it will automatically and immediately be sent to the relevant Fitness to Practise Lead for consideration. Where the Fitness to Practise Lead is notified of a concern but this has not yet been logged in writing through the designated process, they may nevertheless take the preliminary steps set out in Section 3 below. They should then take actions to ensure the referral is communicated using the designated process.
2.2 Any allegation of impaired fitness to practise, professional misconduct and/or professional unsuitability is a serious one. It is essential that proceedings should be conducted on a confidential basis, although it may be appropriate for the University to share certain information with relevant third parties, including employers and placement providers, in the interests of safeguarding or in the public interest.
Guidance: The Office for Students Good Practice Framework on Fitness to Practise states that ‘The purpose of a fitness to practise process is not to punish the student for wrongdoing. It is to ensure the safety of the student and those around them, including members of the public, and to safeguard public confidence in the profession.
3. Preliminary steps in addressing a concern
The Fitness to Practise Lead shall take the following initial steps on receipt of a concern:
3.1 consider any potential risks to the public associated with the potential allegation/s, and take any immediate actions that they consider necessary to ensure public safety. This may include engagement in formal safeguarding processes to protect children and/or vulnerable adults.
3.2 consider if there appear to be any immediate and significant concerns about your welfare or personal safety based on the information in the referral and take any immediate actions to refer or support you to engage with relevant support services.
3.3. in any situation where there are concerns, about public safety or where there is a significant concern about your safety, the Fitness to Practise Lead should also, inform the Head of School without delay, so that the Head of School can consider the risks and safeguarding implications and in particular whether it is necessary for there to be an immediate suspension from placement or a referral to the Vice Chancellor for a suspension in studies, in accordance with the procedure set out in Part E of these University Disciplinary and Investigative Procedures and Powers.
3.4. Ascertain whether any previous Fitness to Practise concerns have been substantiated and the nature of these concerns.
4. Initial meeting with the student
4.1. After taking the initial steps outlined in section 3, the Fitness to Practise Lead will consider whether all the information relating to the referral have been received in writing. Once all the relevant information have been received, the Fitness to Practise Lead will consider whether the concerns fall within the scope of General Regulation 14. If they do not consider this to be the case, they may determine that either no further action is necessary or that the concern should be considered through a different University process, and inform you of this decision in writing.
4.2 If the Fitness to Practise Lead considers the referral raises a concern within the scope of General Regulation 14, you will be invited to a meeting with the Fitness to Practise Lead or someone acting on their behalf, to discuss the concerns that have been raised. You must attend any meeting that has been scheduled. The purpose of the meeting is:
4.2.1. to discuss the concerns that have been raised and what you say about them; and
4.2.2. to consider with you whether there are any issues relating to your health or wellbeing that may affect the substantive concern raised or the way in which the University operates this procedure; and
4.2.3. to ascertain whether your employer is aware of concerns, if they have arisen in a setting in which you are also employed as a practitioner or member of staff and have contact with a professional subject.
4.2.4. No fewer than 5 working days before the meeting, you must be informed in writing:
4.2.4.1 of the concerns raised (which should include sufficient information for you to understand the nature of the concerns and the context in which they have arisen); and
4.2.4.2 that you can seek the independent support of the Student Union Advice Team; and
4.2.4.3. that you can be accompanied to the meeting by a Companion as defined by section 17, Part F of the University Disciplinary and Investigative Procedures and Powers
4.2.4.4 of the decisions that are open to the Fitness to Practise Lead following the meeting.
5. Decision by the Fitness to Practise Lead
5.1 The Fitness to Practise Lead shall then:
5.1.1. determine that there are no Fitness to Practise concerns, in which case no records shall be retained unless the School is required to do so by Professional, Statutory and Regulatory Body requirements; or
5.1.2. where there are concerns but they are considered to be low level, give advice as to the expectations of the profession and warn of the consequences should you be found in the future to have committed any breach and/or make a recommendation to the Head of the School that a formal warning be recorded on your file; and/ or
5.1.3. ask your adviser or supervisor to trigger the Student Engagement Procedure or, in the case of postgraduate research students, the PGR Procedures on Attendance, Engagement, and Process and identify a plan of action and outcomes which you must meet; or
5.1.4. recommend to the Head of the School that a referral should be made to Senate Student Discipline Committee under Regulation 14. Prior to such a referral being made, the Fitness to Practise Lead should check with the Secretary to the Disciplinary Triage Group whether any other General Regulations may potentially have been breached, so that if appropriate an investigation of those can take place and a combined referral be made.
5.2 If you deny the factual basis giving rise to the professionalism concerns, and/or where the Fitness to Practise Lead considers the case to be complex, the Fitness to Practise Lead may follow the procedure set out in D6 (complex cases).
Guidance: Unless a concern relates wholly to a professional context, the referral should be for Regulation 14 and another regulation. For example, where the student is alleged to have harassed another student, the referral would be Regulation 10 and Regulation 14. Note that in some cases there are no breaches of another regulation. An example might be where a student was unfit for reasons outside their control.
6. Complex cases
6.1. In complex cases, or those in which you deny the factual basis giving rise to the professionalism concerns (or do not attend an initial meeting), the Fitness to Practise Lead may recommend to the Head of School that an Investigating Officer be appointed to investigate the concern.
6.2 The Investigating Officer shall assemble all the information relevant to the case.
6.3 The Fitness to Practise Lead shall, in consultation with the Head of School and Investigating Officer, determine:
6.3.1 a realistic timescale for the relevant information to be collected and for the Investigating Officer to complete his/her report. The Lead must inform you of the agreed timescale in writing, and provide updates as to any progress/delays thereafter.
6.3.2 whether the views of external consultants/practitioners from the relevant professional body should be sought, and if so to contact the relevant external bodies if required.
6.4. Within 10 working days of receipt of the Investigating Officer’s report, the Fitness to Practise Lead should meet with the Head of School (or a school professionalism panel acting on behalf of the Head of School) so that the Head of School (or school professionalism panel) can determine
6.4.1. that there are no Fitness to Practise concerns, in which case no records shall be retained unless the School is required to do so by Professional, Statutory and Regulatory Body requirements; or
6.4.2. where there are concerns but they are considered to be low level, give advice as to the expectations of the profession and warn of the consequences should you be found in the future to have committed any breach and/or issue a formal warning be recorded on your file; and/ or
6.4.3. ask your adviser or supervisor to trigger the Student Engagement Procedure, or in the case of postgraduate research students, the PGR Procedures on Attendance, Engagement, and Progress and identify a plan of action and outcomes which you must meet; or
6.4.4. refer the matter to the Senate Student Discipline Committee for determination.
Guidance: The investigation and write-up of the Investigating Officer's report will normally take up to 30 working days.
7. Medical evidence
The Fitness to Practise Lead may request that you consent to an occupational health assessment or specialised medical assessment for the purposes of informing the investigation and deciding on an appropriate outcome.
Guidance: Referrals to Senate Student Discipline Committee
Your attention is drawn to Part F: Senate Student Discipline Committee for information about the process that should be followed. The Head of School must submit to the Secretary of the Senate Student Discipline Committee the evidence, including the report of any Investigating Officer and the evidence on which the School wishes to rely.
The Head of School may also nominate staff/external contacts to be witnesses, to provide further information at the meeting. All witnesses must have some relevance to the case and for each witness proposed, a brief statement as to their relevance and knowledge must be provided by the Head.
In view of the seriousness and complexity of Regulation 14 cases, it is expected the presenter of the School’s case shall be either the Head of School or Fitness to Practise Lead.
At the SSDC hearing, the school will be asked for its views on the appropriate outcome of the case in the event that the student is found to be in breach of Regulation 14 on the facts found by SSDC. The school’s views should be informed by the requirements and expectations of the relevant profession and the environment in which the student would be entitled to practise.