A guide for students - understanding extenuating circumstances

Following the impact of COVID, extenuating circumstances (ECs) or mitigating circumstances have become a mainstream part of a student’s experience at university. However, despite their growing importance, it can be incredibly difficult for a student to understand the application process.

We are frequently asked to advise on and submit EC applications for students, and therefore appreciate how difficult they can be.

Each university, and in some instances, each university department has their own unique process for applying for ECs. The reality is that many students, who by the very nature of having to apply for ECs are usually experiencing some form of difficulty, are being asked to navigate unclear and complex procedures. Therefore, we’ve put together some key considerations regarding ECs.

1. What are extenuating circumstances?

There is no universal definition of what will be considered ECs. University College London defines ECs as “events which are sudden, unexpected, significantly disruptive and beyond your control and which may affect your performance at summative assessment”. This definition is largely mirrored by the majority of universities, although through a myriad of synonyms such as unforeseeable, relevant, or unpreventable. However, it is not uncommon, for universities, such as the University of Leeds, to specify that the ECs must be short-term. If you are suffering from a long-term condition, it may be the case that you are required to apply for a deferral or special circumstances. Alternatively, if the nature of your pre-existing/long-term condition changed due to an ‘unexpected, sudden’ event, this may also fall within the definition of an EC.

The nuance in these definitions is why it is extremely important to read your particular university’s policy on ECs.

2. The element of unexpectedness

The element of unexpectedness (sometimes expressed as foreseeability) is important. ECs are distinct from reasonable adjustments and therefore, cannot be used in instances where the student is suffering from a pre-existing condition. For example, a student who knew they suffered from a disability could not apply for ECs because they had failed to apply for extra time for their examinations. However, that does not mean that a student could not apply for ECs where there has been an issue related to their disability which was unexpected or unforeseeable. For example, a student would still be entitled to apply for an ECs if there was an issue with implementation of their reasonable adjustment. 

3. Timing is key

Unfortunately, applications for ECs are commonly turned down because the application has been made after the relevant deadline has passed. Each university has a different policy on the deadline for an ECs application. At the University of Exeter, an application for ECs must be submitted no more than twenty-four hours after the relevant assessment deadline. At the University of Edinburgh, the deadline is seven calendar days after the final deadline of the semester. At Durham University, an ECs application can be submitted either before you receive your results or by a specified date.

The variance in these policies further underscores the importance of being aware of your university’s approach to ECs prior to any examination or assessment. It is rare that a university will allow a student to submit an ECs application after they have received their results, so you must be mindful of that.

4. The importance of independent evidence

In almost all cases, an ECs application will require independent third-party evidence in support of the application. In cases of a medical condition, such as a mental health issue, medical evidence will likely be required. Therefore, it is extremely important that you contact your treating clinician at the first available opportunity.

Of course, some universities are more stringent than the others. The University of Manchester has just amended their ECs policy so that a specific letter from your GP is no longer required. In contrast, the University of Nottingham requires written evidence to be from an appropriately qualified professional, independent of the student, on headed paper, signed and dated by the author. In any event, you should inform a member of staff at your university at the earliest opportunity about your ECs.

5. Don’t rush the application

It may seem like a simple point but many students fail to include sufficient detail about their ECs in their application. It is difficult to be methodical about preparing an application when you are likely panicked, but it is important not to rush the application. Take your time, write down all relevant dates, and most importantly, think about the impact that your ECs have had on your ability to complete the relevant assessment or examination. 

Further information

If you have any questions or concerns about the content covered in this blog, please contact Shannett Thompson, or Georgina Woodward.

ABOUT THE AUTHORS

Shannett Thompson is a Partner in the Regulatory Team having trained in the NHS and commenced her career exclusively defending doctors. She provides regulatory advice predominantly in the health and social care and education sectors. Shannett has vast experience advising regulated individuals, businesses such as clinics and care homes and students in respect of disciplinary investigations.

Georgina Woodward is a trainee solicitor at Kingsley Napley, and is currently undertaking her first seat in the Regulatory team.