POLICY: Student Protection Policies - Fitness to Study Policy POLICY URL: https://lsi-ac.uk/policy/ce4b3906-496b-4a54-9f33-7bbe284d6ee5 POLICY STATEMENT: The School is committed to maintaining a supportive and inclusive educational environment. Our Fitness to Study Policy ensures that students' physical and mental health are managed effectively, safeguarding their well-being and academic integrity. It provides a structured approach for addressing concerns about a student’s ability to engage with their studies, offering support and adjustments where needed to facilitate their success. POLICY PRINCIPLES: ------------------ - Wellbeing : Prioritising the overall wellbeing of students as central to their academic and personal development; - Fairness : Ensuring all procedures related to fitness to study are conducted fairly and without bias; - Support : Providing a supportive approach to managing concerns about a student’s ability to study; - Confidentiality : Respecting the privacy and confidentiality of students in fitness to study matters; - Inclusivity : Recognising the diverse needs of our student body and accommodating reasonable adjustments; - Transparency : Communicating all aspects of the Fitness to Study Policy and procedures clearly to students and staff; - Proportionality : Responding with measured and proportionate actions tailored to each individual case; - Empathy : Approaching fitness to study cases with empathy and an understanding of the student’s context; - Consistency : Applying the policy consistently across all cases to maintain fairness and credibility; - Responsiveness : Addressing concerns in a timely manner to support the student’s continued education and wellbeing; - Collaboration : Working collaboratively with relevant support services and healthcare providers to ensure a coordinated approach; - Continuous Review : Monitoring and reviewing the policy to reflect best practices and enhance student support mechanisms. REGULATORY CONTEXT: ------------------ This Policy has been developed in line with the applicable laws, regulations, regulatory advice, and sector best practices, including the following: R1. Office for Students (OfS): Regulatory framework for higher education in England - This framework outlines OfS' primary aim to ensure positive outcomes for students, including access, success, and progress in higher education. It covers quality academic experience, progress into employment, and value for money. R2. UK Government : Equality Act 2010 - Equalities law to prohibit harassment and victimisation, and eliminate discrimination, including in the area of further and higher education, particularly with regards to specified personal characteristics. R3. Quality Assurance Agency (QAA): Advice - Learning and Teaching - R4. Quality Assurance Agency (QAA): Advice - Enabling Student Achievement - R5. Equality and Human Rights Commission (EHRC): Code of Practice for Higher Education - Guidance for higher education providers on their obligations under equality law. METRICS: ------------------ The following metrics will be measured and regularly reviewed as performance indicators for the School to ensure the effectiveness of this policy and associated operations: M1. Follow-Up Meetings Completion Rate: Measure the percentage of follow-up meetings conducted within the agreed timeframes, typically within 2 weeks of initial support meetings. Ensures ongoing monitoring and adjustment of support plans, which is crucial for maintaining the effectiveness of interventions and supporting student success. M2. Resolution of Fitness to Study Cases: Track the percentage of Fitness to Study cases resolved within the timeframe specified by the policy, typically within 60 days. Ensures that concerns are addressed in a timely manner, reducing prolonged uncertainty for students and maintaining academic progress. M3. Student Retention Rate: Monitor the percentage of students who return to study following a period of intermission due to Fitness to Study concerns, with a target retention rate of 80% or higher. Indicates the success of support measures in helping students reintegrate and continue their studies, reflecting the policy’s effectiveness. M4. Student Satisfaction with Support Services: Assess the percentage of students who express satisfaction with the support services received, based on surveys completed after support has been provided. Provides insight into the quality of support services and identifies areas for improvement, ensuring that student needs are met effectively. M5. Timeliness of Support Initiation: Track the percentage of initial support meetings held within 5 working days of identifying a student's need for support under the Fitness to Study Policy. Ensures prompt intervention, which is critical for addressing issues early and providing timely support, thus enhancing student well-being and academic engagement. SECTION 1: Commitment to Student Wellbeing and Support ------------------ 1.1. Provision of Support for Study: The School is committed to supporting its diverse student body by providing a safe and inclusive environment. When physical or mental health conditions impact a student's ability to study or participate effectively, the School will offer reasonable adjustments and support. The Student Wellbeing Team oversees the Fitness to Study Procedure, which addresses issues related to health or conduct that may disrupt the student or others; This approach ensures that students receive the necessary support to manage health-related challenges while maintaining a conducive learning environment. The Student Wellbeing Team's coordination of the Fitness to Study Procedure provides a structured and effective means of addressing and resolving such issues. 1.2. Guidance on Fitness to Study Concerns (by Students): Students must not engage in activities that endanger themselves or others, or that disrespect members of the School community or the public. The School may become concerned if a student:; Is unfit to participate in School activities; Disrupts others’ ability to engage in School life; Risks their health by continuing their studies; In these cases, School staff may apply the Fitness to Study procedure to identify the most supportive course of action for the student; This rule ensures that all students can study and engage in School life safely and respectfully. It provides a structured approach to support students whose health or conduct may impact their well-being or the School environment. SECTION 2: Procedure for Fitness to Study ------------------ 2.1. Procedure Stages for Fitness to Study (by Student Wellbeing Team): The Fitness to Study procedure includes three key stages:; Assessment and Evaluation; Support Intervention; Required Intervention; The process is flexible; the Student Wellbeing Team can start at any stage and proceed as needed. They will conduct a risk assessment to decide the most suitable stage to begin. If necessary, the Student Wellbeing Team may refer the case to the Executive Committee for additional review under other regulations, policies, or student contracts, which may involve a Learning Support Plan or reasonable adjustments; This rule ensures a tailored approach to each student’s situation, allowing for flexibility and appropriate intervention based on individual needs and circumstances. 2.2. Support and Record-Keeping for Fitness to Study Meetings (by Students): The student may be accompanied by a School member or social worker (but not a legal representative) to any meetings held under this procedure. The School aims to provide the student with a written record of the meeting within 10 working days. Additionally, a confidential note of the meeting will be placed on the Automated Governance System (AGS); This ensures students have support during meetings and receive prompt documentation, while maintaining confidentiality through secure recording. 2.3. Decision-Making Under the Fitness to Study Procedure (by Student Wellbeing Team): All decisions will be based on the best available information, considering the risks to the student’s and others' health and wellbeing; The School will evaluate the context, circumstances, and potential risks to decide whether to engage with the student under this procedure; The risk to the individual and others will be assessed by examining whether the student's actions affect their health, the learning or living environment, or others around them; The impact of the student’s actions on the School community and wider public will also be considered; The Student Wellbeing Team may escalate matters to senior leaders based on the situation; If there is a serious risk of disruption, a temporary withdrawal from studies may be necessary to support the student’s recovery and facilitate a supported return; If all support options are exhausted or deemed insufficient to ensure safety, the matter may be referred to the Executive Committee or Programme Examination Board for possible permanent exclusion. This decision will only be made if it is in the best interest of the student's or others' wellbeing; These rules ensure that decisions are well-informed and balanced, prioritising the health and safety of the student and the broader community. They provide a structured approach for managing serious concerns, including the potential need for temporary or permanent exclusion. SECTION 3: Stage 1: Assessment and Evaluation ------------------ 3.1. Initial Stage of the Fitness to Study Procedure (by Student Wellbeing Team): Concerns: If the School has concerns about a student's actions and their effects on the student or others, the Student Wellbeing Team may invite the student to meet with their Personal Academic Tutor (PAT) or the Student Wellbeing Team; Relevant Documents: The student will receive relevant documents prior to the meeting, unless exceptional circumstances, such as medical advice, prevent this; Purpose of the Meeting: The meeting aims to assess the situation, allow the student to respond, and address any concerns; Non-engagement: If the student does not engage with this stage, it will usually be escalated to Stage 2; Discussion: During the meeting, the student will hear the concerns, present any mitigating circumstances, and be informed about relevant School support services; Possible Outcomes: Outcomes of the meeting may include no further action, an agreed informal action plan, referral to the School's senior leaders, or escalation to Stage 2; Follow-up Meeting: A follow-up meeting may be scheduled to confirm resolution of concerns, review the action plan, or escalate to Stage 2; This process ensures a structured approach for addressing concerns, providing clarity on the steps involved and potential outcomes. It allows for effective resolution and necessary escalation while keeping the student informed and supported throughout. SECTION 4: Stage 2: Support Intervention ------------------ 4.1. Escalation to Stage 2 of the Fitness to Study Procedure (by Student Wellbeing Team): Escalation: If concerns remain unresolved in Stage 1 or if the risk is deemed unmanageable, the staff member will notify the Student Wellbeing Team of the concerns and their conclusions; Liaison: The Student Wellbeing Team will contact the staff member to gather all relevant details to decide whether to escalate the issue to Stage 2; Notice: The School will give the student 7 days' notice of the Stage 2 meeting, unless urgent action is needed; Purpose of the Meeting: The Student Wellbeing Team will explain the School’s concerns, assess the impact of the behaviour on the student and others, evaluate the student’s capability to study, and discuss an action plan; Action Plan: The student will be asked to agree to an action plan, which may include weekly meetings with a staff member, engaging with School or external support, and other reasonable steps; Review: A review date for the action plan will be set, or the student may choose to take a break from their studies; Refusal to Attend: If the student refuses to attend the meeting, the School may make a decision based on the available information and any identified risks; Non-compliance: If the student does not follow the action plan or exhibits further concerning behaviour, a required intervention meeting will be scheduled; Apprenticeships: For apprentices, action plans will be developed in coordination with the employer to address both on-the-job and off-the-job learning. Decisions about breaks in learning will be made in collaboration with the employer; This process ensures that unresolved concerns from Stage 1 are addressed systematically, with clear steps for escalation, review, and action planning. It provides structure for managing ongoing issues, facilitates timely interventions, and supports apprentices by aligning action plans with their work and study requirements. SECTION 5: Stage 3: Required Intervention ------------------ 5.1. Stage 3 Required Intervention Meeting Procedure (by Student Wellbeing Team): The Student Wellbeing Team, a senior School leader, or a designated nominee may call a Stage 3 Required Intervention meeting if a student's behaviour continues to pose significant risks or if Stage 2 measures have not sufficiently mitigated concerns. This procedure is followed:; ; Notification: The School will inform the student about the Stage 3 meeting and provide a copy of this procedure. For apprentices, their employer will also be notified. The meeting aims to assess the risk posed by the student's actions and determine necessary steps; ; Preparation: The School will send relevant documents to the student before the meeting unless exceptional circumstances, such as medical advice, suggest that sharing the evidence could risk harm. The student can submit written or oral statements. If the student does not attend, decisions will be made based on available information; ; Attendees: The meeting will include:; The student, if appropriate; At least one staff member from the Student Wellbeing Team; Two or more staff members from the School, which may include Directors, the Personal Academic Tutor (PAT), or other relevant staff; An employer representative, if applicable; Relevant external parties or agencies, if necessary; ; Hearing: The meeting will review all relevant information regarding the student's conduct and studies. After presenting all evidence, the student will be asked to leave for deliberation; ; Deliberation: The panel will assess:; The level of risk and whether it is likely to persist, worsen, or improve; The student’s ability to study or engage safely with School life; Compliance with any previous action plans from Stage 2; Potential further action plans to support the student’s continuation of studies; ; Decision: The panel will recommend to the Executive Committee or Programme Examination Board:; Developing or modifying an action plan, with a follow-up review meeting scheduled; Suspending the student if returning to study may harm their health or pose risks; Permanent exclusion if all support options have been exhausted and risks remain; ; Suspension of Studies: If suspension is recommended:; The duration will be specified; The student must consult with the Student Wellbeing Team before returning; The School may require a letter from a GP or health professional confirming fitness to study or a report from an Occupational Health adviser, with consent for disclosure; The academic implications will be reviewed; Additional requirements may be imposed based on individual circumstances; Contact points will be established for the student during suspension, and external support information will be provided; ; Decision Notification: The panel will aim to notify the student of the decision on the day of the meeting. If this is not possible, written notification will be sent within 7 days. Confirmation of the decision will follow within 7 days if initially communicated in person; This process ensures a structured approach to handling significant concerns by providing clear steps for assessment, decision-making, and communication. It allows for thorough evaluation, fair consideration, and appropriate actions while involving necessary parties and adhering to procedural fairness. SECTION 6: Return to Study ------------------ 6.1. Support for Returning to Study After Intermission (by Student Wellbeing Team): The School aims to support students returning to their studies after an intermission, ensuring their safety and well-being and that of others; ; Return Planning: If a student has taken an intermission due to these policies, the School will facilitate their return within their maximum registration period and academic regulations; ; Tailored Support: Upon return:; The student will meet with a member of the Student Wellbeing Team for a full assessment of their well-being; A personalised plan will be developed to prioritise the student's well-being and ensure access to appropriate support; ; Early Engagement: Students should consult the Student Wellbeing Team as early as possible when planning their return to study; They must understand how their return could affect their finances, health, immigration status, or other personal matters; It is also important to discuss their return plans with their Personal Academic Tutor (PAT) or equivalent; ; Regulations: The School will manage the return according to its regulations. Registered students will regain access to the Automated Governance System (AGS); This process ensures that students receive tailored support for a safe and effective return to their studies. It provides a structured approach to assessing well-being, planning support, and complying with academic regulations, thus prioritising the student's health and successful reintegration into their academic environment. SECTION 7: Appeal ------------------ 7.1. Appeal Grounds and Procedure (by Students): Revisiting arguments from the original panel will not be sufficient grounds for an appeal. Acceptable grounds for appeal include:; The panel failed to consider evidence that was submitted; New evidence has emerged that was not previously available or was not submitted for valid and exceptional reasons. Evidence that was available but not previously submitted is only considered in exceptional circumstances; A procedural irregularity occurred before or during the hearing, affecting the panel's findings. Appeals on this ground must detail the nature of the irregularity; The decision is clearly unreasonable or contrary to the weight of the evidence; Appeals Procedure:; Students must submit their appeal in writing to the Director of Operations within 10 working days of receiving the panel’s decision; The Director of Operations will assess whether the appeal meets the criteria and decide whether to grant or deny it; If the appeal is not valid, the student will be informed in writing as soon as possible; If grounds for appeal are found, the Director of Operations will convene an Appeals Panel from the same pool as the original panel, with ideally at least one new member who did not attend the original meeting; The student will be notified of the Appeals Panel’s decision promptly; Office of the Independent Adjudicator for Higher Education:; Students can complain about the Appeals Panel’s decision or any decision that ends the internal process to the Office of the Independent Adjudicator; This rule clarifies the acceptable grounds for appeal and outlines a clear, structured appeals process, ensuring fairness and transparency. It provides students with specific criteria for submitting an appeal and details the steps involved, including the option to escalate the matter to an external body if necessary.