Anyone who has been through the Fitness to Practise (FTP) process knows how serious and stressful it can be. It is never something to take lightly. In the professional world, it is widely accepted that anyone undergoing this process should have qualified legal representation. Yet, historically, students facing the same procedure within a University did not have an automatic right to such support. Over the years, I have noticed a shift, with more Universities becoming less resistant to legal involvement. However, that was not always so. I remember times when I had to justify my very presence, a situation that hardly felt fair.

FTP is something that looms over all medical, dental, social work, nursing and midwifery students, to name a few, throughout their studies. I have worked with students across all these disciplines, and I am continually struck by the extent of the inequalities some of them face long before they ever reach me.

The basic principles of a fair trial, underpinned by Article 6 of the Human Rights Act 1998, appear to be of no concern to many a University FTP Panel.

I have handled numerous FTP cases over the years, each at different stages of the process. Naturally, being instructed from the very beginning is always ideal. It allows you to shape the case from the outset, guide the narrative, and avoid unnecessary missteps. It also enables close oversight of the University’s actions, and in my experience, once the University knows its conduct is being monitored, its commitment to fairness tends to increase.

Of course, not all students can afford qualified legal support, and some are discouraged from seeking it by the University or even the Student Union. Students are often told that involving a lawyer will lead to harsher treatment. That simply is not true.

Not every student seeks support early on; many try to manage the situation themselves. Yet when you consider that an entire team within the University may be working behind the scenes to build a case against them, the odds are heavily stacked against a single student.

I have seen cases where Universities take more than eight months to carry out their investigations, yet give students only ten working days to submit their statements and evidence. I have also seen Universities provide no signed witness statements and produce no witnesses at the FTP hearing itself. Fair? It certainly does not feel that way.

Universities have to accept, whereas it may not be a court of law, FTPs are quasi-legal proceedings, the outcomes of which fundamentally impact the students’ career and future life trajectory. Findings cannot be made without the basic legal principles, as embodied by Article 6, being adhered to.