We were recently instructed by a client who had missed out on a 2:1 degree classification by a small margin. It transpired that our client had mitigating circumstances for one of the examinations that he had sat, but he was advised that he could not submit mitigation at the time due to the University operating a ‘fit to sit’ policy.
However, upon examination of the regulations and procedures this was not an absolute policy (noting also that it could have amounted to a blanket policy which may also have been unlawful) and that had he been better advised he may have acted differently.
Furthermore, we sought expert opinion from a Consultant Psychiatrist to highlight the effect of the mitigation on him and to explain why he sat the exam.
Upon considering the appeal the University agreed, despite its policies, that this exam could be mitigated and decided to discount his low mark in the exam and use his Year 3 average marks for the other modules in order to work out his overall degree class. This meant, discounting that one exam, that our client had achieved a mark of over 60% and thus was awarded a 2:1 Degree. This was an exceptional outcome, knowing how difficult degree classification appeals can be. Our client and his parents were delighted to have a 2:1 degree which would make a fundamental difference to the jobs he would be able to apply for in the future.