Student Anasthesia Assistants: University Fitness to Practice Proceedings
Legal Advice and Representation for Student Anaesthesia Assistants
The GMC sets training and conduct standards for Student Anaesthesia Assistants, which UK Universities and UK training providers must adhere to. This includes ensuring that a student is fit to become a registered professional.
Where concerns arise that a student is not meeting the professional conduct standards (whether through an act or by omission), an appropriate level of scrutiny or investigation will follow. This could be achieved through informal conversations initially or through formal meetings. Ultimately, following a university-level inquiry, fitness-to-practise processes at the University level could be initiated, which could in turn lead to termination from the anaesthetic assistant training course.
What Sort of Concerns Can a University Investigate in a Student Anaesthetic Assistant Fitness to Practise Process?
Conduct that can be investigated can be wide-ranging, whether in clinical placements, in the university, or in one’s private life. Some students might transgress in several ways, while other students might be investigated for a single incident or failure.
Professional conduct concerns, which go to the question of suitability to become registered, might include alleged dishonesty, physical violence, failures to show respect for the diversity and dignity of others, sexual harassment, drug or alcohol misuse, a failure to meet the academic or competence standards, plagiarism, and criminal offences. This list is not exhaustive. Conduct of concern can occur in either a student anaesthesia assistant’s professional or personal life, which is often not appreciated.
Ultimately, at the end of training, the university staff must declare to the GMC that they consider the anaesthesia assistant student fit to be registered. However, a fair procedure must be in place at the university to determine that a student is not suitable for registration, enabling the allegations to be examined and commented on by the student. The student might advance mitigation to reduce the overall assessment of future risk and insight.
Universities will therefore have written policies and procedures by which a Student Anaesthetic Assistant will be counselled or disciplined. While not all allegations will lead to a fitness to practise process, those that do must be handled by the student with great care. The student must be careful what they say and avoid making inconsistent statements. On occasion, full admissions may be appropriate, which may lead to an informal resolution or a referral to a fitness to practise hearing. Where an allegation is contested, a formal hearing is likely to be necessary.
A student anaesthesia assistant can be represented, in most instances, and a lawyer can be instructed in some cases: AB v The University of XYZ (Rev 1) [2020] EWHC 2978 (QB).
A fitness to practice process must be fair. The University should give appropriate disclosure, so that the student anaesthesia assistant is allowed to prepare. It may be necessary to question witnesses. A student might need to call their witnesses. The hearing procedure to be followed will be outlined in the university’s policies, and a student should obtain a copy, along with the professional or university standards of conduct that the university alleges have been breached.
The fitness to practice hearing decision-makers will form a view on whether the allegations are proven to the civil standard of proof, assess whether the conduct raises concerns about the student’s fitness to practise, and then determine the appropriate sanction. Sanctions may include the termination of training or conditions for continued study, as well as a procedural reprimand that can be taken into account in the future if there is further poor conduct. The GMC will usually be informed of a student’s disciplinary record.
A student anaesthesia assistant will need to show insight and undertake remediation to demonstrate that they are fit to remain on the training course. This can be pretty complicated at times and requires a substantial amount of preparation.
If a student anaesthesia assistant is unsuccessful at a fitness to practise university-level hearing, they will need to follow the appeal procedures.
Other Articles:
Registered Anaesthesia Assistant Representation at the GMC and MPTS
How We Help Student Physician Assistant in University Fitness to Practise Proceedings
We advise students on matters of procedural fairness, university fitness-to-practise rules and evidence, preparing for hearings, undertaking remediation, and demonstrating insight. We also represent students in fitness-to-practise hearings. Good preparation is the key to improving the prospects of success.
If you are a Student Anaesthesia Assistant who is seeking legal advice or legal representation in University fitness to practise or other legal proceedings, call Doctors Defence Service in strict confidence and without obligation, on 0800 10 88 73