Placement failure treated as fitness to practise

Question
Can the university treat a failed placement or lack of competence as a fitness-to-practise case?

Short answer

Not automatically. A failed placement or a general lack of competence is, in principle, an academic matter that should normally be dealt with under the university’s academic regulations, not its fitness-to-practise (FtP) procedures. The two can overlap on professional courses, but the university is expected to distinguish carefully between failing to reach the required academic or practice standard and being genuinely unfit to practise. Treating ordinary underperformance as an FtP case can be procedurally unfair and open to challenge.

The key distinction

The Office of the Independent Adjudicator (OIA), whose Good Practice Framework sets the benchmark that most English and Welsh universities are expected to follow, is explicit that providers should, where possible, distinguish between a student’s failure to achieve the standard necessary to pass a placement and a student’s fitness to practise.

The important difference is this:

Academic failure is about competence and attainment. A student who fails a placement because their clinical, practical or professional skills are not yet at the required level has an academic problem. The normal and fair response is the academic one: feedback, a chance to extend or repeat the placement, resit or reassessment opportunities, and only ultimately academic failure of the module or programme if the standard still cannot be met.

Fitness to practise is about whether the person is safe and suitable to enter the profession. It typically concerns conduct, health, attitude, professionalism, honesty, insight, and behaviour that raises a risk to the public or to public confidence in the profession, not simply whether skills have reached the pass mark yet.

Many university regulations put this in terms similar to the University of Westminster’s: failings in academic performance do not fall within the fitness-to-practise regulations and should be dealt with under the academic regulations. FtP is reserved for a health condition, behaviour or attitude that would make the student unfit to be admitted to and practise the profession.

When a placement issue can legitimately become fitness to practise

The overlap arises because, on courses leading to registration with a professional regulator (for example Social Work England, the Nursing and Midwifery Council, the Health and Care Professions Council, the GMC or GDC), practice failings can shade into professionalism or safety concerns. It becomes a legitimate FtP matter, rather than a pure academic one, where the placement problem involves things like:

Risk to service users or patients arising from unsafe practice.

Dishonesty, for example falsifying records, lying about what was done, or plagiarism in a practice context.

Lack of insight, where the student cannot recognise or will not address the concerns raised.

Boundary, attitude or professionalism issues, such as inappropriate relationships, breaches of confidentiality, refusal to accept supervision, or conduct incompatible with the professional role.

Health concerns that cannot be managed with reasonable adjustments and that affect safe practice.

Repeated or serious failings that persist despite support and that suggest the student is not suitable for registration rather than simply not yet skilled enough.

So a single failed placement based on skill level is generally academic. The same placement can properly move into FtP territory if it reveals underlying conduct, safety or professionalism problems.

What good practice requires of the university

The OIA framework and reputable university procedures expect the following before an FtP route is used:

The concern must genuinely engage fitness to practise, not merely academic attainment. The university should be able to explain why this is a suitability or safety issue and not simply a failed assessment.

Support and improvement should normally come first. A student who fails to reach the standard would ordinarily expect the chance to extend or repeat the placement to improve their practice. Even where FtP is engaged, the framework anticipates supportive improvement measures wherever the concerns can be put right.

The correct procedure must be used and the student told which one. Being routed into FtP has more serious consequences (potential removal from the programme, and reporting or fitness-to-practise implications with the regulator) so the choice of route matters and must be justified.

The process must be fair. That means clear notice of the specific concerns, the evidence relied on, a genuine opportunity to respond, representation or support where the regulations allow, a reasoned decision, and a right of appeal.

Where the answer can change on the facts

Because you have described this in general terms, the outcome depends heavily on detail that I do not have. It would help to know:

What exactly went wrong on the placement. Pure skills shortfall points to academic regulations. Safety, honesty or professionalism concerns point towards FtP.

What the university has actually alleged and under which procedure. Check whether their FtP regulations themselves exclude academic performance, as many do.

Whether support, feedback and a chance to repeat or extend were offered before escalation.

Whether the student is on a course leading to professional registration, and what that regulator’s standards say.

The precise wording of the university’s own academic and FtP regulations, since these govern what the university can and cannot do and are treated as authoritative for that institution.

If the substance is really just that the student did not pass, dressing it up as an FtP case may be the wrong route and challengeable. If the placement exposed genuine conduct, safety or professionalism concerns, FtP may be entirely appropriate.

Practical next steps

1. Get the paperwork. Obtain the placement failure report, the specific concerns, the evidence, and a copy of both the academic regulations and the fitness-to-practise regulations.

2. Identify the true nature of the concern. Map each allegation to either academic attainment or conduct/safety/professionalism. This is the crux of any challenge.

3. Check the FtP regulations for an academic carve-out. Many expressly state that academic performance is excluded from FtP and must go through academic regulations. If so, and the concern is purely competence, that is a strong argument that the wrong procedure is being used.

4. Ask about support and a repeat opportunity. If the student was not given feedback and a fair chance to improve or repeat before being escalated, raise that, because the framework expects it.

5. Engage fully with whatever process is used. Respond in writing to each concern, demonstrate insight and any steps taken to address weaknesses, and use any support person or representative allowed.

6. Use the internal appeal, then the OIA. If the university uses the wrong procedure or acts unfairly, exhaust the internal appeal, obtain a Completion of Procedures letter, and complain to the Office of the Independent Adjudicator, which can review procedural fairness and whether the FtP or academic route was properly used.

Bottom line

A failed placement or a lack of competence, standing alone, should normally be handled as an academic matter, with support and a chance to repeat, rather than as a fitness-to-practise case. Fitness to practise is properly engaged only where the placement reveals conduct, safety, honesty, health or professionalism concerns that call into question the student’s suitability to enter the profession. If the university is using FtP simply because the student did not pass, that may be the wrong and potentially unfair procedure, and it can be challenged through the internal appeal and ultimately the OIA. The correct classification turns entirely on exactly what the concerns are and what the university’s own regulations say.

Current sources checked

This answer draws on broad legal knowledge and checks current law, guidance and procedure against relevant sources.

Good Practice Framework: Fitness to practiseoiahe.org.ukFitness to Practise procedures (revised December 2019) SOCIAL WORK ENGLANDnottingham.ac.ukRegulations, B5 Fitness for Registrationwestminster.ac.ukCasework note: Complaints relating to placements - OIAHEoiahe.org.uk
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