Student Fitness to Practise – Essential things you need to know
Healthcare regulators set the learning outcomes and standards that must be covered by qualifications leading to registration. They also approve and monitor these training programmes.
By the end of your training, you must be able to demonstrate that you have the knowledge, skills, attitudes and health expected of a registered healthcare professional relevant to your training.
Healthcare regulators set the learning outcomes and standards that must be covered by qualifications leading to registration. They also approve and monitor these training programmes.
By the end of your training, you must be able to demonstrate that you have the knowledge, skills, attitudes and health expected of a registered healthcare professional relevant to your training.
Here are 10 essential things you need to know about student fitness to practise:
- Your fitness to practise is judged by the professional standards set by your regulatory body The standards expected of registered healthcare professionals are set by healthcare regulators and the standards expected of students are based on these principles. This means that the fitness to practise standards expected of registered healthcare professionals apply equally to you as a student.
- Disclosing information to training provider
Your training provider should clearly set out the professional requirements of the course in the information available to you at the application and induction stage, including information about what they need to disclose. This is important because it will give you clear indication of expected fitness to practise standards to allow you to decide what, if any, information you should disclose during the application process. Failure to disclose might in itself lead to student fitness to practise investigations and possible sanctions. It is advisable that you seek legal advice if you are not sure.
- You are entitled to support
Training providers have an important role in supporting students to achieve fitness to practise, in ensuring that students understand why the professional standards are important and what this means for them. This duty is not limited to provision of information, but includes practical elements to support students to achieve professional standards.
- Health and disability issues
If your ability to meet professional standards is impacted by health and disability issues, your training provider is required to make reasonable adjustments to a provision, such as:
- Changes to the physical environment to improve access to facilities.
- Providing or allowing students to use assistive tools (such as a visual display stethoscope) or technology (such as dictation software).
- Adjustments to teaching and learning, including providing information in a variety of formats.
- Adjustments to examinations and practical assessments, such as extra time or provision of a scribe.
- Additional training time when a student’s health means they can’t meet learning objectives in time.
- Flexible training – extending the programme to allow reduced working hours on placement so that a student with a disability can balance work and rest, while still meeting the minimum placement hours required.
- Insight & remediation
You will need to be able to demonstrate that you have the necessary insight into the behaviour or the issues leading to concerns about your fitness to practise. You may be asked to complete a piece of work to reflect on your practice. Your training provider should make it clear what the purpose of this work is, how it will be assessed and the consequences if you do not complete it to a satisfactory standard. Kings View can advise on reflective practise and what steps might be necessary to complete.
- Procedural fairness – Fair procedures follow the principles of “natural justice”. This means that, in fitness to practise procedures, training providers should be particularly mindful that:
- students are entitled to legal representation;
- students understand any allegations and/or concerns, and how they relate to the relevant professional standards and the student’s fitness to practise;
- reasons should be given for decisions reached about the student’s health or behaviour, and what to do about it;
- there should be a route of appeal; and
- the investigation, any hearing and any appeal should be carried out as quickly as possible, consistent with fairness.
- Burden of proof – The “burden of proof” determines whose responsibility it is to prove an issue. In a fitness to practise case the burden of proof should be on the provider, that is, the provider must prove that the student has done what they are accused of doing. For example, if a student is accused of being rude to service users during a placement, the provider will need to produce evidence to prove this and explain how this impairs the student’s fitness to practise.
Once a provider has produced evidence to prove an allegation, if the student disputes the allegation, they will need to provide evidence to rebut it. Students will also need to prove any mitigating factors that they wish to rely on. It is advisable that you seek legal advice on the evidence and case against you.
- Standard of proof – The “standard of proof” is the level of proof required. In legal proceedings, the standard of proof in criminal cases is normally “beyond reasonable doubt”, which is a very high standard. In civil cases it is normally “the balance of probabilities”, that is, it is more likely than not that something happened.
Section 112 of the Health and Social Care Act 2008 says that the civil standard of proof (“the balance of probabilities”) must be used in fitness to practise procedures for healthcare students.
- Fitness to practise and registration – You will be required to declare fitness to practise issues when you register with your regulator. Failure to declare issues is viewed seriously and may affect your registration. You must be aware how student fitness to practise issues may affect your registration.
- You entitled to legal representation – Should you have to attend a student fitness to practise hearing your training provider will allow you to be represented. You are advised to seek legal advice to help you through the process and have legal representation should you have to attend a hearing.
Your training provider will have a clear appeals procedure for student fitness to practise decisions setting out what the process is and what can be considered. A finding of impaired fitness to practise could have lasting and significant implications for students and trainees. You are advised to seek legal advice to help you with appeal proceedings.
Why Kings View Medical Defence?
Healthcare defence barristers with a proven track record since 2014.
Full case management with clear, honest and direct advice.
We are clear and upfront with our fees.
Supportive & compassionate approach to everything we do.
Free, no obligations case assessment.
Save on cost by instructing us directly.
More News & Articles
Doctors taking part in Climate Protests – Fitness to Practise Considerations
Is the GMC’s stance justified and what should doctors know when they consider taking part in climate protests.
Nurse’s fitness to practise case concluded by agreed disposal
Our client’s fitness to practise case before the NMC was closed by agreed disposal thereby avoiding an fitness to practise hearing and further legal expense and preparation for a review.
NMC closes case with no further action for our client
The Nursing & Midwifery Council has closed a fitness to practise case against our client with no further action.