Learner Fitness to Study Policy

Responsible Manager	People’s Manager
Publish Date	January 2024
Last Review Date	January 2024
Next Scheduled Review Date	January 2025
Policy available	SharePoint / Website
Authorised by	People’s Manager

Introduction / Purpose of Policy
Related Policies
Learner’s Physical and Mental Health
Responsibilities
Fitness to Study Process
Legislation. 4

Appendix 1 – Fitness to Study Procedure

Appendix 2 – Definitions

Equality Impact Statement

POLICY AGREEMENT

1. Introduction / Purpose of Policy

New Meaning Training (NMT) is committed to being welcoming and inclusive for all who learn, work or use our services. We believe in respect for everyone; we want to develop our community by valuing diversity and advancing equality.
NMT recognises that people may face a variety of difficulties and challenges whilst at our centres, which impact on the chances of success and progression. At NMT, our aim is to ensure that everyone who works and learns at all our centres achieves their full potential in an inclusive environment, free from discrimination. We will engage our best endeavours to meet the needs of learners with learning needs, medical conditions and disabilities. We will make all reasonable adjustments so that barriers are removed to enable academic success.

2. Related Policies

The Fitness to Study Policy should be read in conjunction with other NMT policies, in particular (this is not an exhaustive list):

Equality and Diversity Policy
Disciplinary Policy
Safeguarding Policy
Data Protection Policy

3. Learner’s Physical and Mental Health

There may be times when the physical or mental health of learners is so affected that academic progress is unable to be maintained. In very rare situations where support is required beyond what is reasonable, it is useful to bear in mind that;

Whilst on a temporary basis it is reasonable for subject teachers and support staff to be flexible with attendance due to ill (physical or mental) health, prolonged periods of absence may not be sustainable, as many courses cannot be taught long
There may be times when the nature of a learner’s ill health requires support beyond the expertise or capacity that we can reasonably
Occasionally ill health may also present a health and safety hazard and in this situation a risk assessment will be undertaken. Sometimes risks cannot be managed at an appropriate level in the environment.
There may be other circumstances such as pregnancy or even having a baby where the principles of this policy will It’s important that NMT can still offer academic progress for young Mothers or Mothers to be. Meaning that the learning environment is made safe for Mothers with baby in arms. Please see risk assessment covering the control measures, so the Mother and baby are safe.

Although NMT and its staff will do everything in their power to support learner success, there are occasions where, for one or more of the reasons above, it will be our collective judgement that to continue at the centre is no longer in the best interests of the learner.

4. Responsibilities

NMT will use its best endeavours to support learners when issues arise which mean they are finding it difficult to meet the expectations of attendance and academic progress. Physical and mental health conditions may be temporary or permanent, stable or prone to remission.
On an individual basis, NMT will look at any possible flexibility around academic progress (attendance, meeting assessment expectations, length of programme) and the support (types, location and frequency) that is needed for learners to remain at the centre. We will make reasonable adjustments, e.g. supporting learners to study at home for a short period as a temporary measure. There may also be circumstances where health professionals provide education whilst medical treatment is being provided. In these cases, NMT will work closely with medical and educational staff to ensure education continues to remain accessible.
The following should be considered on an individual basis:

A minimum level of attendance and/or contact may need to be maintained overall that will allow learners to realistically achieve. Specific expectations regarding attendance will be set in each case depending on individual
It is reasonable for teaching staff, on a short-term temporary basis, to liaise with learners via email and online learning

Learners must prepare for assessment through completion of homework, coursework and exam preparation. Academic success depends on engagement in classroom activity. Long periods of complete absence or very poor attendance may make learners’ studies untenable. With regards to coursework and homework, if learners fall significantly behind with their deadlines, despite extensions being offered, then there comes a point at which catching up is not viable.

NMT has to meet awarding body regulations with regards to meeting coursework deadlines, specification requirements and procedures for access
Where it is deemed reasonable a different qualification aim or level may be made available to the learner to help manage their current situation and/or workload during this

5. Fitness to Study Process

When issues arise, NMT will follow a staged process as outlined in Appendix 1. At each stage we will use our best endeavours to support learners and to make reasonable adjustments with the aim of learners remaining at our centres. There may be situations where NMT believes that we have exhausted the support options available and made reasonable adjustments but learners are unable to maintain their fitness to study. This means that, in very rare circumstances, it may not be possible for learners to remain enrolled.
In these situations, the best interests of each learner and their welfare are at the centre of decisions. The learner who has struggled to maintain academic progress against the odds and for whom trying to keep the structure of centre life going has been so far a positive factor in their rehabilitation, may find that there comes a point at which trying to catch up after a lengthy absence may have more of a negative impact on health than withdrawing from studies. To continue in this negative situation would place the centre in breach of its duty of care to young people.
A panel of NMT staff, including, Area Manager, leaning service manager, ECHP provision manager will review each learner’s situation and may make a recommendation for withdrawal. If withdrawal is the outcome, then the learner would have the right of appeal as outlined in Appendix 1.
If it is recommended that a restart in the following academic year is an option, the Area manager will, in consultation with the learning service manager, make that decision. Any restarts would be with the recommendation of external agencies involved, the agreement of parents/guardians and an agreed support plan written by the Learning service manager supported by EHCP provision manager. When learners withdraw from studies, guidance will be given both on what support might be appropriate to ensure fitness to study on return, but also what evidence will be expected at enrolment to support

6. Legislation

Learners with mental and physical health conditions are entitled to reasonable adjustments and appropriate support in relation to relevant legislation e.g. the Health and Safety at Work Act 1974, the Equality Act, 2010, Keeping Children Safe in Education 2021 and the SEN Code of Practice. All personal and sensitive information will be managed in accordance with the Data Protection Act 1998 and the common law of confidentiality.
There may be occasion where NMT is obliged to disclose information, notwithstanding that the learner has refused consent.

Where the learner’s behaviour threatens their safety or the safety of
Where NMT would be liable to civil or criminal charges for failure to
- Where a young person has an Educational, Health and Care Plan the named Local Authority will be kept informed at each stage where there is a risk of the learner being unfit to continue to

Appendix 1 – Fitness to Study Procedure

These time-frames and stages are indicative and may vary from learner to learner. It may be appropriate in some cases to remain at the concern stage for a longer period of time or to move straight to a panel review.

Concern

The learner is absent through ill-health or is failing to make academic progress because of a physical or mental health condition. The Area manager raises concerns with the learner and/or parents/guardians. The Area manager in liaison with staff from the Curriculum Team, puts agreed targets and interventions in place for the learner to have the best opportunity to increase attendance and catch up. The area manager and lead tutors reviews the situation in an agreed time frame. In most cases this will be two weeks’ time.

Fit to Study Review 1

The learner continues to be absent through ill-health (an absence of more than four weeks) or is failing to make academic progress because of a physical or mental health condition. The area manager and lead tutors (as appropriate), review the support plan and agrees targets with parents/guardians and learner at a formal meeting. The area manager reviews the situation in an agreed time frame. In most cases this will be two weeks’ time.

Fit to Study Review 2

The learner continues to be absent through ill-health (absence of more than six weeks) or is failing to make academic progress because of a physical or mental health condition. The Area manager and lead tutor (as appropriate), and reviews the support plan and agrees targets with parents/guardians and learner at a formal meeting, with the Learning service manager. The Area manager reviews the situation in an agreed time frame. In most cases this will be two weeks’ time

Panel Review

If, when the final stage is reviewed, the learner cannot demonstrate fitness to study, a panel, chaired by the learning service and/or Senior Education Health and Care Plan provision manager where learner has an Educational, Health and Care Plan, including; the Area manager, and/or lead tutors will review the learner’s position at the centre. The panel may make a recommendation for withdrawal. If withdrawal is the outcome, then the learner will have the right of appeal to the believe meeting panel. The Senior Education Health and Care Plan provision manager may call an emergency Annual Review in place of this panel review to ensure all agencies working with the learner are involved in the decision making.

The outcome of the believe panel review will be communicated with parents/guardians and learners within 72 hours if they are not present at the meeting.

Appeal

Appeals must be submitted in writing to the learning service manager, within ten days of receipt of confirmation of the decision to withdraw the learner. Appeals may be made under the following criteria:

The learner, parent or guardian can demonstrate a serious breach in the handling of this fitness to study
The learner has substantial, relevant evidence that was not available to consider at the Panel

Appendix 2 – Definitions

Fitness to Study:

Learners must be able to benefit from and pursue the programme of study for the required period with a reasonable chance of progression and successfully complete the
Learners must be able to function independently in academic and community environments. It is recognised that some individual SEND learners with Educational, Health and Care plans (EHCP) may be working towards developing their independence and these outcomes will be part of their
Learners’ mental or physical health needs should not unduly disrupt the learning, research and work of others in the learning community.
The diversity of our learner community means that journeys to success will vary

Reasonable Adjustment:

Taking reasonable steps to ensure that learners are not placed at a substantial disadvantage due to their disability, difficulty, or additional
The criteria for judging ‘reasonable’ includes consideration that they do not compromise academic standards, health and safety or the relevant interests of others, including other learners. NMT, has a duty of care to the community and considers the health and safety of everyone to be paramount. All reasonable adjustments should be practical and financially

Equality Impact Statement

NMT have a duty to consider the impact of changes on groups with Protected Characteristics (race, disability, age, sexual orientation, religion or belief, gender reassignment, pregnancy and maternity, marriage and civil partnership).

What are the overall aims of the change? Why are you proposing it?	The aim of this policy is to provide a framework to ensure that the guidelines are in place to support all stakeholders.
Given the aims of your proposal, what issues does your data/information highlight?	Everybody is included within this policy, and all groups are given equability regarding their needs and provisions.
How could the proposed change affect positively/negatively on groups with protected characteristics?	This has a positive impact on all groups with protected characteristics, as they are ensured equal treatment and provision based on their needs. Risk assessments may be carried out to ensure that this is the case and provisions maybe altered to accommodate specific needs.
What actions will you take to mitigate any negative impact?	No negative impact to having this policy.
Is there any potential negative impact justified considering wider benefits of the proposal?	No negative impact to having this policy.
Recording final decision.	This policy requires CEO approval.
Has the policy taken into consideration the requirements of GDPR regulations? Are there any actions that need addressing, e.g. data sharing agreement; have data consent and data retention timescales been considered?	GDPR regulations have been considered and actions comply with data protection requirements.

POLICY AGREEMENT

Visit the link below and confirm you have read, understood and agree to adhere to this policy:

https://forms.office.com/e/cHK3hyWGTE

Should you experience any issues accessing the agreement, please contact Learning Services.