The University of Wales Swansea Clinical School Recruitment and Admissions Policies And

The College of Human and Health Sciences

Policy and Procedure in relation to Fitness to Practice

Applicants to Professional Pre-Qualifying Programmes

This policy must be read in conjunction with the College of Human and Health Sciences ‘Policy and procedures in respect of disclosure of criminal record(s) for applicants to Pre-Qualifying professional programmes’ and the College f Human and Health Sciences Admissions Policy.

1. Introduction

Swansea University is proactive in seeking to discharge its obligations under the Equality Act (2010) and encourages applications from applicants with disabilities. The University has considerable experience in assessing the needs of such applicants, making reasonable adjustments and providing a wide range of support services.

The various regulatory bodies for Medicine, Nursing, Midwifery, Clinical Psychology, Social Work and Professions Allied to Medicine recognise that applicants with a wide range of disabilities or health conditions are able to achieve the prescribed academic and professional standards. However the University must ensure that applicants are able to achieve the learning outcomes determined by the regulatory bodies and are fit to practice their chosen healthcare profession. The University also has a responsibility to the public, employers and to the professions to ensure that those who enrol on programmes leading to and conferring eligibility to practice in one of the health or social care professions are fit to practice. For applicants to these programmes, the requirements of good conduct and good character will also be considered along with health and disability.

Swansea University also has an obligation to applicants themselves not to enrol them without careful consideration of their fitness to practice for their desired programme. The University and the College of Human and Health Sciences therefore encourage applicants with disabilities, health concerns or a criminal record to make early contact with the relevant Admissions Tutor to discuss whether there might be any fitness to practice issues.

Fitness to practice issues will not affect admission offers, as these are made solely on academic grounds. Every offer made on professional courses by the College of Human and Health Sciences is conditional upon;

A satisfactory Fitness to Practice Assessment by the University Occupational Health Department. This includes compliance with the College Vaccination Policy

A satisfactory Disclosure and Barring Service check

Where relevant and if appropriate any identified Fitness to Practice concerns will be carefully considered at the College of Human and Health Sciences Fitness to Practice and Professional Suitability panel.

Swansea University is obliged to adhere to guidance from the Department of Health on the requirements for health clearance for new healthcare workers (DoH 2007) when undertaking Occupational Health assessment. Such guidance necessitates that applicants to certain programmes (in particular those programmes that include placements where exposure-prone procedures may be performed) will undergo screening for and if necessary immunisation against certain communicable diseases.

Applicants are asked to note that failure to comply with the College Vaccination Policy and any requirements that relate to that policy, as determined by the University Occupational Health Department may lead to the withdrawal of a conditional offer.

The Occupational Health screening process is acknowledged by the regulatory bodies as an integral part of the application process with regard to Fitness to Practice. The College of Human and Health Sciences also works closely with partner organisations to maintain congruence with the expectations of education and service providers.

2. Recruitment

All potential applicants are invited to contact the programme Admissions Tutor to discuss the suitability of particular programmes of study. Potential applicants with a disability, specific learning difficulty or significant health problem may seek more specific advice about programme suitability from the Programme Admissions Tutor, Swansea University’s Disability Office or their own GP or other health care practitioner. Contact details for specific Admissions Tutors can be found at: www.swansea.ac.uk/humanandhealthsciences

Any conversations that the candidate has with an admissions tutor may be logged as per the record of enquiry sheet, to be found in Appendix 1.

3. Admissions Procedure

The procedure is as per flow chart, overleaf.

Any applicant with disability applying to Swansea University is encouraged to make contact with the Disability Office/Wellbeing Service as early as possible in the admission process to discuss their individual support requirements. The Disability Office/Wellbeing Service will discuss the individual needs of applicants, the support that is available to them from the University (both during application and after enrolment) and provide advice on eligibility for and the process to access funding from the Disabled Applicants’ Allowance. With the consent of the applicant this information will be forwarded to the College of Human and Health Sciences Admissions Tutor.

The Disability Office will refer applicants to the relevant College of Human and Health Sciences Admissions Tutor for advice and information about the different elements of the admissions process.

As with applications to all other courses offered at Swansea University, the involvement of the Disability Office/Wellbeing Service is formalised at the point the applicant has accepted a conditional offer. At this stage the Disability Office/Wellbeing Service will be notified of the offer by Admissions and will contact individual applicants to discuss the steps required to implement an appropriate package of support.

The Equality Act (2010) defines ‘disability’ as ; 'In the Act, a person has a disability if:

·  they have a physical or mental impairment

·  the impairment has a substantial and long-term adverse effect ontheir ability to perform normal day-to-day activities

For the purposes of the Act, these words have the following meanings:

·  'substantial' means more than minor or trivial

·  'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions)

·  'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping

The Equality Act (2010) confers a number of rights for applicants or applicants with disability. Among these is the right to have their individual needs assessed and for reasonable adjustments to be put into place to facilitate their learning or wellbeing. For applicants on professional programmes where placements are a component of that programme, reasonable adjustments will be made in the placement in conjunction with the placement provider and as far as is reasonably practicable.

The Equality Act (2010) also confers the right for individuals to choose to decline the disclosure of a disability. Should this be the case, then it will not be possible for Swansea University to provide appropriate reasonable adjustment and the individual has the responsibility to manage his/her disability accordingly. In relation to placement areas, the individual should be aware that the Health and Safety at Work Act (1974) takes precedence and the individual is required to disclose any disability that could have a detrimental effect upon the workplace, upon colleagues in the workplace or upon patients, clients or others in the workplace.

Swansea University and the College of Human and Health Sciences recommend that applicants disclose any disability for the following reasons;

Disclosure is a positive, proactive step

·  It will allow the offer of specific support for academic studies enabling students to reach their full potential whilst at Swansea

·  It allows access to expert advice and guidance through the Disability Office/Wellbeing service

·  It enables programme staff to work more effectively with the student

The following information may be helpful;

·  Students need only disclose once

·  Personal information relating to disability remains confidential and is shared only with those directly involved in teaching, supervising or supporting students and only on a ‘need to know’ basis.

·  Personal information will not be disclosed for any other purpose without the individual’s consent, except where there is a legal obligation to do so, or where exceptional issues of personal safety arise. Information will be processed and held in the University administration systems and used for the administration of your academic related support and any other legitimate University process.

4. Referral to the Fitness to Practice and Professional Suitability Panel

Meetings of the Fitness to Practice and Professional Suitability Panel will be held in a timely fashion to consider specific cases prior to admission. Referral to the Panel may be on the grounds of health, disability, criminal record or unfair practice.

The Panel will consider any circumstances which would preclude the applicant or applicant from completing a professional programme in full in accordance with the standards and requirements of the relevant regulatory body. In each case the Panel will have regard to the degree of disability, ill health, criminal behaviour, unfair practice or unsuitable behaviour causing concern.

Membership of the panel is made up of senior staff representatives of the College of Human and Health Sciences alongside representatives of those partner organisations that facilitate applicant placements (e.g. Health Boards, Welsh Ambulance Service NHS Trust and Local Authorities).

Panel membership will normally be drawn from:

·  Chair of the Panel – Director of Quality

·  Director of Pre-Qualifying Studies

·  Programme Director

·  Representative from Swansea University Occupational Health Department

·  Representative from NHS Health Board, or other placement providers

·  Admissions Tutor

Those members of staff that have previously met with the individual applicant or applicant will present to the panel the facts based upon relevant assessments, consultations with others and DBS Disclosure. In order ensure an impartial decision the individual’s identity will be withheld from the other panel members.

A collective recommendation as to the continuation or withdrawal of the offer of a place on the chosen programme will be made by the panel based on the information presented and may take into account the individual’s likelihood of securing employment in their chosen profession. This collective recommendation will then be forwarded to the Pro-vice Chancellor (PVC) Applicant Experience. The ultimate decision will rest with the PVC.

The applicant or applicant will be informed in writing of the outcome regarding their application.

Individuals have the right to appeal the decision of the Fitness to Practice and Professional Suitability panel. In the first instance, any appeal should be made in writing and should clearly set out the basis for the appeal. Appeals should follow the Appeals Procedure set out by the University – please see: http://www.swan.ac.uk/admissions/appealsprocedure/

If individual has a complaint about the admissions process and decision-making they are advised to follow the University’s complaints procedure: http://www.swan.ac.uk/admissions/complaintsprocedure/

General Guidance

Applicant’s Responsibility

It is the responsibility of the individual (applicant or enrolled applicant) to provide the necessary paperwork (and/or attendance for interview) so that the Panel may consider the case in a timely manner. It is not the responsibility of the College to chase individuals for information. The individual risks the withdrawal of the provisional offer (Applicants) or movement to a University Fitness to Practice procedure (enrolled applicants), if requested information is not provided.

In the case of drug or alcohol abuse the following points are considered:

·  Is the (behaviour) a single or aberrant act or recurrent or persistent?

·  Is the (behaviour) associated with underlying anxiety or depression?

·  Is the (behaviour) recognised as a problem by the individual?

·  Does individual accept need for change?

·  Will individual accept help?

In the case of DBS Disclosure of a caution or conviction, the following points are considered:

·  the seriousness of the offence

·  the number of offences

·  the period between the last offence and application

·  the pattern of convictions

·  changes in circumstances since conviction

·  whether the offence has been disclosed by the applicant/applicant

·  evidence of learning and insight following the offence .

In the case of Unfair Practice, the following points are considered:

·  Whether the applicant has deliberately plagiarised the work of another

·  Whether the plagiarism involves the theft of the intellectual property of another

·  Whether the applicant has purchased course work which was submitted as their own work

Special cases

As all health and social care programmes are reliant upon partner Health Boards or Local Authorities for the provision of practice placements; any ‘refusal’ of a placement provider to accept a applicant may directly affect their ability to undertake the programme applied for, or to complete the programme that the applicant is enrolled on.

Examples of such cases include those who;

a) have been removed from a professional register and are seeking to undertake a programme so that they can return;

b) have been disciplined previously and /or dismissed by the placement providers;

c) have received civil restraining orders;

d) were previously suspended from their programme due to criminal or other fitness to practice matters (including health issues).

In such cases the Panel will consult with senior staff from the placement provider (who are empowered to make such a binding decision) in order to establish whether placement(s) can be offered.

In the case of individuals with disability, the following points are considered:

The findings of an assessment of need, which sets out the required adjustment(s)

Where appropriate, there might be an opportunity for the applicant to demonstrate his/her fitness to practice through procedures selected from a clinical situation in practice. This process would involve relevant independent expert(s) and an appropriate staged situation using a CHHS clinical suite. The Admissions Tutor would seek one member of teaching staff and one independent practitioner to carry out the assessment. The disability officer may also be present. If there are potential health or safety issues a Risk Assessment will also be carried out at this point. As a result of this process there will be a report provided to the Fitness to Practice and Professional Suitability Panel and applicant/applicant.

Where the applicant/applicant is receiving medical treatment, the panel may in some cases seek the individual’s permission to gain further information from the health care professional that is managing their care.

All assessment reports and supplementary information will be submitted to the Chair of the Panel.

5. Procedure of the Fitness to Practice and Professional Suitability Panel

The procedure to be adopted by the panel shall be as follows: