Mitigating circumstances FAQs

Here are some common questions that get asked about claiming mitigating circumstances.

If you don't find the answer to your question below, read the information and guidance on mitigating circumstances to learn more.

This will depend on the circumstances. If you experience a technical or environmental issue during the assessment, the invigilators will attempt to resolve the issue at the time.

Where there has been an error in process on the part of Kaplan SQE or the test centre, time may be added where it is practicable to do so. This includes five minutes loss of concentration time.

The success of a claim will depend on the individual factors of the case itself and may include whether:

  • This was a user error
  • There was a resolution which enabled the assessment to continue
  • There was no impact on the assessment

Examples of circumstances where claims might be unsuccessful include:

  • Your screen freezes during the assessment but this was resolved within a short timeframe and no time was lost, as your time also stopped
  • Your system was restarted resulting in the technical error being resolved and no time was lost
  • You pressed the insert key on the keyboard which engaged the overwrite feature.

These lists are not exhaustive.

If you have suffered illness or bereavement, please see further information below for specific examples of where a claim may be successful.

It is for you to decide what evidence you wish to submit in support of your claim. We are unable to advise on the specific evidence that will be accepted by the mitigating circumstances panel.

The form must be accompanied by independent supporting evidence as appropriate for the mitigating circumstances raised.

The purpose of the evidence is to support your claim that the event happened and to show how it impacted your performance in the assessment. Examples you could consider include:

  • Receipts
  • Police incident report
  • Photographic evidence, with a time and date stamp
  • Doctor’s letter which confirms the diagnosis of the illness or condition relevant to the claim, that covers the duration and relevant dates of the assessment/assessment stations
  • Death certificate and proof of relationship for a bereavement relevant to the claim, and how this may have impacted your performance during the assessment/ability to attend the assessment
  • Letter from a doctor to evidence the impact of the illness and how this may have impacted your performance during the assessment/ability to attend the assessment.

This list is not exhaustive.

You should consider whether supporting evidence is timed and dated, if this is relevant to your claim.

Under the SQE Fit to Sit Policy it is your responsibility to make sure that you only sit the assessment when you are fit to do so. The fit to sit declaration is in the SQE Fit to Sit Policy. A mitigating circumstances claim made about circumstances that existed before you sign the fit to sit declaration will not usually be accepted, unless you are able to clearly evidence why you attempted the assessment and signed the declaration. The SQE Mitigating Circumstance Policy gives examples of the circumstances that would not be accepted if you signed the declaration and sat the assessment.

Examples of rejected claims would be:

  • Where you were unwell prior to the assessment
  • Ill health of a family member prior to or during the assessments
  • Where you have experienced a bereavement prior to the assessment
  • Disruptions to exam preparation / study time
  • An incident which occurs prior to the assessment.

This list is not exhaustive.

Where you have been affected by a bereavement, you must consider the SQE Fit to Sit Policy. Claims will not usually be accepted where the candidate knew about the bereavement before the assessment. This is unless you clearly evidence why you attempted the assessment and signed the fit to sit declaration. For details about cancelling an assessment and refund of assessment fee please refer to the SQE Terms and Conditions.

If you choose to sit the assessment, the following evidence needs to be submitted:

  • A death certificate
  • Proof of relationship to the deceased person
  • A medical note/certificate showing the impact of the bereavement on you and how this may have affected your performance during the assessment/ability to attend it
  • Evidence as to why you chose to attempt the assessment and signed the fit to sit declaration.

Examples of rejected claims would be:

  • The bereavement occurred prior to the assessment
  • There is no evidence of proof of death or relationship to the deceased
  • There is no evidence provided as to why you chose to continue the assessment
  • There is no medical evidence of how the bereavement affected you

Examples of accepted claims would be:

  • There is evidence of death and relationship to the deceased
  • Medical evidence supports why you attempted the assessment and how the bereavement affected you

These lists are not exhaustive.

If you were ill or had personal issues before an assessment, your claim for mitigating circumstances might not be accepted unless you can show clear reasons for both attending the assessment and declaring yourself fit to sit it.

You must also provide written proof from an independent source to support your claim. If you are claiming because of sickness, you need to provide a medical certificate that details the illness, including when it started, how long it lasted, and what it was.

Examples of evidence:

  • Medical evidence as to why you chose to attempt the assessment and why you signed the fit to sit declaration.
  • Other supporting evidence, which may include medical evidence, that you did not understand the implications when signing the fit to sit declaration.

This list is not exhaustive.

Examples of rejected claims would be:

  • There is no evidence provided as to why you chose to continue the assessment
  • There is no medical evidence of your illness
  • There is no record of a report to an invigilator at the time.

Examples of accepted claims would be:

  • There is medical evidence that covers the duration and relevant dates of the exam
  • You withdrew from the assessment, and provided medical evidence in accordance with paragraph 4.6 of the SQE Mitigating Circumstances Policy 
  • You suffered a flare-up of your condition which you could not foresee and provided evidence of this in accordance with paragraph 4.6 of the SQE Mitigating Circumstances Policy.

These lists are not exhaustive.

If you get sick or face unexpected personal issues during an assessment that could negatively affect your performance, you can apply for mitigating circumstances with evidence to support your claim.

Tell an invigilator immediately, or before you leave the assessment venue at the latest.

Refer to the SQE Assessment Regulations and the SQE Mitigating Circumstances Policy for more information.

Examples of rejected claims would be:

  • There is no evidence provided as to why you chose to continue the assessment
  • There is no medical evidence of your illness
  • There is no record of a report to an invigilator at the time.

Examples of accepted claims would be:

  • There is medical evidence that covers the duration and relevant dates of the exam
  • You withdrew from the assessment and provided medical evidence in accordance with paragraph 4.6 of the SQE Mitigating Circumstances Policy
  • You suffered a flare-up of your condition which you could not foresee and provided evidence of this in accordance with paragraph 4.6 of the SQE Mitigating Circumstances Policy.

These lists are not exhaustive.

For SQE1, you must submit any mitigating circumstances claims by 16:00 GMT within five working days after the relevant booked assessment. For SQE1, each FLK is classed as the “relevant booked assessment”. For instance, if your impacted assessment is on Monday 15 January, the deadline is 16.00 GMT on Monday 22 January.

For SQE2, you must submit any mitigating circumstances claims by 16:00 GMT within five working days after your final assessment station for SQE2. For instance, if your last assessment station is on Wednesday 17 May, you have until 16.00 GMT on Wednesday 24 May to submit your claim.

If you cannot provide written evidence within five working days, you should still submit the mitigating circumstances form on time. You should then email the Quality Team (equality.quality@sqe.sra.org.uk) to agree a timeframe to submit the written evidence.

No. If you do not submit a claim by the deadline, you are out of time and your claim will not be considered. You would need to consider whether you have grounds on which to submit a first stage appeal. This would need to be in line with paragraph 4.5 of the SQE Mitigating Circumstances Policy and the SQE Appeals Policy.

An Appeals Panel will need evidence of why you could not submit a mitigating circumstance claim on time. Please refer to the SQE Appeals Policy for further information on appeals.

No. If you experience any issues that you think have or have likely to have had a material or adverse effect on your marks or performance in the assessment, you should report them to the test centre.

The test centre will inform Kaplan about these issues, but this does not create a mitigating circumstances claim. Reporting issues creates a timely record that can be used if you decide to make a claim later.

You can still submit your claim, but you must explain why you did not report the problem before you left the test centre. A mitigating circumstances claim will usually be rejected unless a candidate provides details of the exceptional circumstances why it was not reported.

Your claim will not be considered by the mitigating circumstances panel or Assessment Board. When you pass the assessment, your attempt will remain, and your result will outweigh your claim. You cannot retake the assessment to improve your score.

Your claim will either be accepted or rejected. If your SQE1/SQE2 claim is accepted, you can retake the assessment without the original attempt counting, and a refund will be provided as per the SQE Assessment Terms and Conditions.

If your claim is rejected, your attempt and the marks on the SQE portal will remain the same. SQE2 consists of 16 stations but is one overall assessment.

In exceptional cases, if mitigating circumstances are accepted for an assessment station, further statistical analysis will be conducted. This analysis examines your performance across all stations. If it shows that you could have passed if the event had not occurred, the directly impacted assessment station will be removed. Your mark will then be recalculated based on 15 stations.

Your mark will not be recalculated over 15 stations if:

  • There was no evidence that you would have passed if the one directly impacted assessment station was removed
  • More than one station was impacted.

You have a six-year period, starting from the date of your first assessment to pass the SQE. You have three attempts at SQE1 and three attempts at SQE2. A discounted attempt means that your attempt will be reinstated. For instance, if you have sat SQE2 for the second time, you have one attempt left. If you receive a discounted attempt, it will be as if you did not sit the assessment, and you will have two attempts left.

You will be sent the outcome in writing by email to the email address associated with your candidate account.

If you do not attend FLK1 or FLK2 but sat the other, you can submit a mitigating circumstance claim explaining your reasons and providing relevant evidence. If your claim is not successful, the FLK that you did not attend will be recorded as a failed attempt.

If you fail to attend all your booked assessments, you cannot submit a claim as you did not actually attempt the assessment. If you do not show up for any reason, cancellation fees will apply as set out in the SQE Assessment Terms and Conditions. You should contact enquiries@sqe.sra.org.uk to cancel booked assessments.

Ready to register for the SQE?

Create your personal SQE account and book your assessments.

Register for SQE 

Have you passed the SQE?

Find out what happens after passing the SQE and admission to the roll of solicitors.

Learn more

Ready to register for the SQE?

Create your personal SQE account and book your assessments.

Register for SQE 

Have you passed the SQE?

Find out what happens after passing the SQE and admission to the roll of solicitors.

Learn more about Have you passed the SQE?