The following case study is based on the provision of legal services at Celia Whittuck’s last place of employment.

The challenge

Our client had been diagnosed with a serious health condition at a young age and was granted an interruption of studies to undergo urgent medical treatment. Although she returned to her studies as required, the effects of the treatment continued to impact her mental wellbeing throughout her academic programme.

When her thesis mark was released, it reduced her overall average from a First Class degree to an Upper Second Class degree (2:1). Medical evidence demonstrated that the effects of her treatment were ongoing during the assessment period and had adversely affected her academic performance.

The student submitted a Stage 1 appeal to the university’s Mitigating Circumstances Board, asking it to consider the impact of her medical treatment. However, the appeal was rejected, leaving her concerned about the lasting consequences for her academic record and future career opportunities.

Our approach

We undertook a detailed review of the university’s decision and the relevant evidence to assess whether the matter could be challenged.

Our work included:

  • Reviewing the university’s decision-making process and appeal outcome
  • Advising on the university’s regulations governing appeals and mitigating circumstances
  • Assessing potential equality and discrimination considerations arising from the student’s circumstances
  • Preparing a comprehensive appeal supported by medical evidence
  • Identifying procedural and equality-related issues that the university was required to address.

The appeal set out in detail the continuing impact of the student’s treatment and why this should have been properly considered when assessing her academic performance.

The outcome

Our appeal was successful. The university agreed to remit the matter back to the Mitigating Circumstances Board for reconsideration.

Following that reconsideration, the university offered the student the opportunity to revise and resubmit her thesis. This provided a clear route to improving her thesis mark and, potentially, achieving a higher overall degree classification.

The outcome not only protected the student’s academic interests but also enhanced her future career prospects by ensuring that her circumstances were more fairly considered.

Why this matters

Universities are required to consider the impact of significant health conditions and other exceptional circumstances when making academic decisions. Where mitigating circumstances are not properly assessed, students may be entitled to challenge the outcome through internal appeals procedures.

This case demonstrates the importance of presenting compelling evidence and understanding the interaction between university regulations, mitigating circumstances procedures and equality considerations. With specialist advice, students can often secure a fairer outcome and protect their academic future.

How we can help

We regularly advise students on:

If you are facing an academic appeal or believe personal circumstances have not been properly considered by your university, our team can provide clear, practical advice tailored to your situation.

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