The challenge

Our client became the subject of a university Fitness to Study (FTS) process after concerns were raised regarding their engagement with their academic programme. The university relied not only on the student’s recent disengagement but also on two previous interruptions to their studies, arguing that these demonstrated a pattern of non-engagement and raising questions about their ability to continue on the course.

However, this assessment failed to properly consider the student’s personal circumstances. At the relevant time, the student was experiencing significant difficulties within a personal relationship, which had a substantial impact on their mental health and ability to engage with their studies. These challenges were closely connected to the student’s disability.

There was a real risk that the university would treat the consequences of the student’s disability-related difficulties as evidence of incapacity or lack of commitment, potentially jeopardising their ability to continue their education.

Our approach

We challenged both the fairness and lawfulness of the university’s approach to the Fitness to Study process.

Our work included:

  • Reviewing the university’s concerns and the evidence relied upon during the Fitness to Study process
  • Preparing detailed submissions addressing the impact of the student’s disability on their engagement with studies
  • Identifying potential disability discrimination issues arising from the university’s approach
  • Arguing that the student’s temporary disengagement was a consequence of disability-related difficulties rather than an indication of inability or unwillingness to study
  • Representing the student at the Fitness to Study hearing
  • Proposing a package of reasonable adjustments and welfare support measures tailored to the student’s needs.

We advanced a strategic case demonstrating that, with appropriate support and adjustments, the student was fully capable of continuing and successfully completing their studies.

The outcome

Following our representations, the university agreed that the student should be permitted to return to their studies.

A comprehensive package of reasonable adjustments was put in place for future assessments and periods of study, alongside enhanced welfare support. This ensured that the student could continue their education on a fair and supported basis without being unfairly disadvantaged by the effects of their disability.

The outcome provided the student with the opportunity to continue pursuing their academic goals while receiving the support necessary to succeed.

Why this matters

Fitness to Study processes are intended to support students, but there can be occasions where disability-related difficulties are misunderstood or incorrectly treated as evidence that a student is unable to continue their studies.

This case demonstrates the importance of ensuring that universities properly consider the impact of disability, make appropriate reasonable adjustments and take a fair and evidence-based approach to decision-making. With specialist advice and effective representation, students can secure outcomes that recognise both their abilities and their legal rights.

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