Mitigating circumstances: examples of circumstances and acceptable evidence

Mitigating circumstances means things that might happen, which a student could not reasonably expect to happen and which might interfere with their ability to sit an examination or to complete an assessment by the required deadline. This includes all kinds of assessment, whether examinations, coursework, reports, essays, laboratory work, in-class tests, projects, dissertations or practical presentations or creative performances.

Please read the mitigating circumstances policy for full details, and the guidance for making a claim.

Examples of circumstances

For mitigating circumstances to be considered, the incident, event or situation should:

• have detrimentally affected the student's submission of course work or attendance at another form of assessment or affected their performance in assessment completed on time
• be something that the student could not reasonably expect ('unforeseen')
• be out of the student's control and something they were not able to prevent
• relate directly to the timing of the assessment.

These four criteria must all be met for a claim to be successful, even for first claims where supporting evidence is not required. The following guidance has been provided using best sector practice to illustrate instances in which mitigating circumstances claims could be agreed, considered or rejected.

The examples provided below, listed under various categories of circumstances, are non-exhaustive and indicative and may be updated in response to practice.

Academic work

• Group B - May be agreed
• Serious problems with academic project work e.g. obtaining ethical approval, equipment failure (which can be evidenced), problems with sample collection.
• Group C - Will not be agreed
• General exam or assessment worries
• Visa problems
• Poor time management
• Failure of IT equipment/ printers
• Failure to back up electronic documents
• Submitting an incorrect or old file version of an assessment.
• Having more than one examination on the same day.
• Examination clashes arising from incorrect registration by the student

Bereavement

• Group A - Normally agreed
• Bereavement of a significant person the timing of which has affected the student's ability to undertake assessment.

Caring responsibilities

• Group B - May be agreed
• Serious illness of and care for a significant person, the timing of which has affected the student's ability to undertake assessment.
• Unexpected caring responsibilities caused by unforeseen circumstances, e.g. sudden serious illness or worsening of ongoing medical or mental health condition in a child, sibling, parent, spouse, partner or other close relative
• Direct and very recent experience of violent crime, war, terrorist incident or natural disaster by a child, sibling, parent, spouse or partner

Disabilities and/or longer-term conditions

• Group A - Normally agreed
• Serious worsening or acute episode of an ongoing disability, medical condition or mental health condition which cannot be accommodated by existing adjustments. Insufficient time to put reasonable adjustments in place (and the student has disclosed a relevant condition at the earliest possible stage).
• Matters relating to gender reassignment, including time off for medical appointments, surgery, or attending counselling sessions.
• Group B - May be agreed
• New disabilities or long-term medical or mental health conditions not previously disclosed.
• A severe long-term illness which can only be addressed by an extension, deferral or other form of one-off mitigation.
• Group C - Will not be agreed
• General examination or assessment-related stress or anxiety.
• Stable, established disabilities, medical conditions and mental health conditions e.g. dyslexia (students should apply for reasonable adjustments to be made)
• Conditions which have lasted and remained unchanged for more than a year (students should apply for reasonable adjustments to be made)
• Conditions where reasonable adjustments are already in place.
• Non-disclosure of a disability, medical condition or mental health condition
• Claims where the student did not wish for reasonable adjustments to be made or preferred not to seek reasonable adjustments for study or assessment.

Family and personal circumstances

• Group B - May be agreed
• Family breakdown (such as divorce)
• See above for Caring Responsibilities or Trauma
• Group C - Will not be agreed
• Booked holidays
• Trips to see family abroad
• General domestic/ family problems

Financial problems

• Group B - May be agreed
• Serious financial problems preventing the student from studying (corroborative evidence is required to verify the impact on the specific assessment period)
• Group C - Will not be agreed
• General financial problems.

Housing problems

• Group A - Normally agreed
• Serious and recent housing issues, beyond the student's control which has prevented the student from completing the assessment at the set time.
• Group C - Will not be agreed
• Moving home
• General housing problems

Major incidents

• Group A - Normally agreed
• Major fire in residence
• Group B - May be agreed
• Serious travel or other disruption caused by terrorist incident or natural disaster
• Private or public transport failure leading to delays of more than 1 hour (corroborative evidence is required to verify such a delay)
• Group C - Will not be agreed
• Booked travel arrangements
• Minor private or public transport failure
• Missed trains, tubes or buses or delays of less than 1 hour.
• Inclement weather (unless exceptional/severe conditions)

Pregnancy and maternity

• Group A - Normally agreed
• Serious complications in pregnancy or maternity.
• Group B - May be agreed
• Moderate illness due to pregnancy or maternity not resulting from complications.
• Group C - Will not be agreed
• Planned pregnancy or maternity where there are no complications (students may however apply for other reasonable adjustments or an interruption of study).

Shorter-term medical conditions

• Group A - Normally agreed
• Serious personal injury, medical condition or mental health condition.
• Group B - May be agreed
• Moderate personal injury, medical condition or mental health condition
• Group C - Will not be agreed
• Minor illnesses or injuries (such as coughs, colds, headaches, hay fever)
• Circumstances supported by evidence from unregistered medical practitioners, such as alternative therapists
• Circumstances supported by 'retrospective' evidence e.g. a medical note which states that the student declared they had been ill previously
• Conditions which have not been diagnosed by a registered professional/or where there is no evidence of symptoms.
• Hospital tests (if approved prior to the point of assessment or an examination)

Trauma

• Group A - Normally agreed
• Victim of violent crime (e.g. assault, mugging, sexual assault, rape, domestic violence)
• Direct experience of terrorist incident, war or natural disaster.
• Group B - May be agreed
• Victim of non-violent crime e.g. burglary
• Experience of racial trauma or race-based traumatic stress caused by encounters with racial bias and ethnic discrimination, racism and hate crimes
• Experience of LGBT-phobic hate crime
• Experience of discrimination relating to disability
• Experience of misogynistic abuse or trauma
• Experience of an abusive relationship.
• Group C - Will not be agreed
• Victim of petty theft e.g. mobile phone theft, bicycle theft or car break-in (unless these involve mugging or assault, or an immediate impact on a student's ability to access timed assessments e.g. theft of laptop within the remote examination window).

Work commitments

• Group A - Normally agreed
• Professional emergencies e.g. medical, police, fire
• Group B - May be agreed
• Major changes in professional commitments impacting on the student's ability to meet required deadlines.
• Changes to work commitments for critical workers due to local or national emergencies.
• Group C - Will not be agreed
• Ongoing work commitments
• Participation in extra-curricular activities (e.g. sport)
• Time spent on job/internship applications/interviews

Acceptable evidence for mitigating circumstances claims

When making a claim, please provide sufficient information within the mitigating circumstances claim, and supply relevant evidence that demonstrates your claim meets the criteria to be accepted. For example, if your claim relates to a medical condition, it will assist your claim if your supporting evidence makes clear how you were specifically impacted during the period of your assessment.

Examples of the types of evidence that could be accepted are listed below. Please note that the list is non-exhaustive. The examples below provide some examples of the evidence that may be appropriate.

We aim to take a pragmatic approach and to reduce the burden for students where possible. Original copies are not usually required, and you can provide screenshots or a photo of original documents. We do retain the right to request additional evidence, especially where the information may be lacking in the mitigating circumstances claim.

Your documentary evidence should be in English or from a certified translator and any confidential third-party evidence submitted must be accompanied by written permission from the people named in the documentation.

Academic work

• Medical evidence of impact e.g. letter from a doctor or another medical professional.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Bereavement

• An obituary.
• A funeral order of service.
• Death certificate.
• Written evidence from a professional such as an undertaker, coroner or Registrar.
• Medical evidence of impact of bereavement e.g. letter from a doctor or another medical professional.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Caring responsibilities

• Medical evidence of impact e.g. letter from a doctor or another medical practitioner.
• Written evidence to support your claim or explain situation, for example, a message from a caring provider stating that the provision is not available.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Court appearance or Crime

• Official correspondence from court or Tribunal Authority including the dates of the legal proceedings and confirming that you could not be excused.
• A solicitor's letter including the dates of the legal proceedings and the requirement for you to attend.
• Written corroboration of reported crime from police or investigating authority.

Family and personal circumstances

• Medical evidence of impact e.g letter from a doctor or another medical professional.
• Letter from a professional (such as a teacher or social worker) outling the impact of the situation.
• Written evidence to support claim/explain situation.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Housing problems

• Medical evidence of impact e.g. letter from a doctor or another medical professional.
• Written evidence from official housing provider or local council, care or support worker.
• Home eviction notice.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Major incidents

• Medical evidence of impact e.g. letter from a doctor or another medical professional.
• Written corroboration of reported crime from police or investigating authority.
• Written evidence from registered medical practitioner, police or fire service.
• An insurance reference number (if you were involved in a road traffic accident).
• Transportation tickets and proof of delay such as compensation or claims receipt.
• In the case of private transport failure, evidence such as communication with car breakdown provider or receipt from professional vehicle mechanic.

Trauma

• Medical evidence of impact e.g. letter from a doctor or another medical professional.
• Written corroboration of reported crime from police or investigating authority.
• Written evidence from registered clinical practitioner, police, fire service or university estates department.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.

Work or financial Problems

• Medical evidence of impact e.g. letter from a doctor or other medical professional.
• Written evidence to support the claim/explain situation for example, letter of redundancy or supporting letter from line manager.
• Evidence of having discussed your circumstances with Birkbeck's Student Advisory Service.
• Relevant financial documentation, in the form of bills and/or confirmation of financial support and evidence of how the related circumstances impact submission. You may redact non-relevant information prior to submitting.
• Statement of support from Birkbeck staff member who is already familiar with the circumstances and has ongoing knowledge of the issue about which the application for mitigation is being made, such as Academic Personal Tutor or module lead for the impacted assignment.