EDUGUIDE

Procedural Fairness Test

A step-by-step check to assess whether a decision was made fairly — and what to do if fairness is missing.

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What Is the Procedural Fairness Test?

Procedural fairness (sometimes called natural justice) means a decision-maker must follow a fair and reasonable process — not just reach a defensible outcome. This test helps you quickly identify where a process broke down and what you can request next.

The Procedural Fairness Test

1. Were you told what the decision would be about?

You must be clearly informed about the issue being considered. Surprise decisions fail fairness instantly.

If no → request written clarification before proceeding.

2. Were you given the information being used?

You have the right to know the evidence, reports, risks, or concerns informing a decision.

If no → ask: “Please provide the information relied upon so I can respond meaningfully.”

3. Were you given a real chance to respond?

Fairness requires a genuine opportunity to provide your perspective before the decision is finalised.

If no → request a meeting or written opportunity to respond.

4. Was the decision made by someone unbiased?

A decision-maker must be impartial. If they have a personal stake, conflict, or history of bias — fairness fails.

If you have concerns → you can request a different decision-maker or panel.

5. Was the decision explained clearly?

You are entitled to understand the reasons: What was considered? What evidence carried weight? Why this outcome?

If no → request a written statement of reasons.

6. Were alternatives or adjustments considered?

Fair processes include consideration of reasonable adjustments, supports, or less restrictive options.

If no → ask what alternatives were assessed and why they were excluded.

What to Do if the Test Shows Unfairness

If the answer to any question was “No”, you can request a corrective step. The process must be fair before the decision can be considered fair.

Request clarification

Ask for detail about the issue being considered.

Request the evidence

You can ask for reports, assessments, or concerns being used.

Request an opportunity to respond

Written or verbal responses both count.

Request reasons

A written explanation is part of fairness.

Continue to the Next EduGuide

Move from procedural fairness to examining whether adjustments and supports meet dignity, access and equity standards.

Next: 2E Adjustment Audit Next: 2E Adjustment Audit

Ready for the next step?

The next guide checks whether required adjustments were in place before the suspension — a critical legal requirement under MO1125.

Continue to 2E — Adjustment Audit →