We have updated the Mitigating Circumstances Policy and Fit to Sit Policy as part of our regular review process. These updates are primarily to add clarification in some areas and to align our processes across both policies.

These updates are effective immediately and will therefore apply to SQE1 and SQE2 assessments that take place from and including January 2027.

We encourage all candidates to read the updated policies for full details. A summary of the changes is below:

Mitigating Circumstances Policy

• Paragraph 2.8 has been revised confirming claims regarding mitigating circumstances that existed before a candidate signed the 'fit to sit' declaration will not usually be accepted.
• Paragraph 2.11 has been updated to clarify that if an illness or personal circumstance arises during an assessment, candidates must report the issue to an invigilator as soon as possible “during the assessment”.
• Paragraph 6.1 and 6.1.2 provide clarification on what constitutes an unstarted assessment during an Assessment Delivery Disruption (where a candidate has not yet started FLK1, FLK2, or any SQE2 station). If an unstarted assessment is disrupted and cannot be rescheduled, the candidate will be withdrawn, no attempt will be recorded, and they will receive a fee refund.

Fit to Sit Policy

• Paragraph 3 has been revised so that the requirement to report an illness or unexpected personal circumstance is as soon as possible “during the assessment".
• Paragraph 4 of the policy now requires that if a candidate fails to report an issue during the assessment, any subsequent mitigating circumstances claim will usually be rejected unless they provide exceptional circumstances "supported by independent written evidence".
• Paragraph 6 has been amended so that the exception previously allowing candidates to provide evidence for why they attempted the assessment despite pre-existing circumstances has been removed, stating that such claims will not usually be accepted.

The Fit to Sit Declaration at the end of the policy has been updated to reflect the new reporting timeframes.

Learn more: SQE policies