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Bar Standards Board Director-General Dr Vanessa Davies summarises what is and is not changing to the process by which prospective barristers will train and qualify from 2019
Since 2014, the BSB has been undertaking a thorough review of the way in which barristers train and qualify in England and Wales. We have consulted extensively with the profession, students, education providers and other interested parties about those parts of the current process that work well and those that work less well. We have done this in order to develop an accessible, more affordable and flexible training system that can continue to attract the brightest talent to the Bar and develop it in such a way as to sustain the high standards rightly expected of barristers.
Our review has now reached the stage where, subject to the Board’s review of responses to our last consultation on our proposed rules and final Legal Services Board approval, new training rules will come into effect in early 2019. Here, I summarise what is changing and, equally importantly, what is not changing. The new rules are an evolution, not a revolution.
One of the changes that we introduced early on during our Future Bar Training (FBT) programme was to publish the Professional Statement for Barristers incorporating the Threshold Standard and Competences. This describes the knowledge, skills and attributes that all barristers should have on ‘day one’ of practice.
The Professional Statement is the bedrock on which our subsequent FBT reforms are built. The various components of Bar training are designed to ensure that anyone who starts practising has proved that they meet the standards outlined in the Professional Statement and have therefore demonstrated they have all the necessary competences to be a barrister.
Surprising as it may seem, before the Professional Statement was devised, there was no single source that defined the threshold standard and competences. The Statement helps prospective barristers understand the standards to which they must aspire and helps training providers to understand what the ultimate outcomes of Bar training must be.
It has always been clear that most of the knowledge and most of the skills acquired by barristers during their training are essential. After all, much of this knowledge and these skills have been acquired by barristers for centuries – and for good reason too.
"Taken as a package, we believe our changes to the training and qualification system strike just the right balance between reforming what needs to change and maintaining the proven, long-standing methods for training barristers"
However, what is less certain is the best order for these skills and knowledge to be acquired. In truth, what matters is not so much the sequential order of training prescribed in the current rules, but the actual training components themselves. This is why our new rules permit what will be known as Authorised Education and Training Organisations (AETOs) to offer the three essential components of Bar training in a variety of different ways – ‘training pathways’ as we call them. (The term AETO will include what are currently known as BPTC providers as well as Pupillage Training Organisations.) The three components of education and training for the Bar will remain:
Within the new system, however, the three components may be attained by means of four approved training pathways:
As to which pathways will be available from 2019, this depends on what applications we receive from prospective AETOs. The new rules permit us to authorise delivery of any one of these pathways. We have issued much more detail about the pathways and criteria under which we will authorise new courses in a draft Authorisation Framework available on our website. Any applications for authorisation under the Authorisation Framework must meet our criteria of accessibility, affordability, flexibility and sustaining high standards.
Aligned to the Professional Statement, we have also undertaken a complete review of the curriculum and assessments for prospective barristers. The aim of this was to ensure that all newly qualified barristers are enabled to meet the requirements of the Professional Statement by their first day of practice. The review will lead to a number of important changes. These include:
Please check the BSB website for more information about these changes and when they are likely to come into effect.
Taken as a package, we believe our changes to the training and qualification system strike just the right balance between reforming what needs to change and maintaining the proven, long-standing methods for training barristers. We think this more flexible, less prescriptive approach will stand the Bar in good stead for many years to come.
We believe the reforms will help to make Bar training more accessible, more flexible, and more affordable for prospective barristers while sustaining the high standards of entry expected within the profession. They will give the public confidence that newly qualified barristers have been rigorously trained and assessed and that they will provide them with a high standard of service.
Dr Vanessa Davies, Bar Standards Board Director-General
Our October 2017 consultation considered the role of the Inns of Court in the education and training of barristers. After considering the responses we received to the consultation, the Board made the following policy decisions which will be reflected in the new training rules and their supporting documentation. The BSB will:
The issue of whether to retain ‘qualifying sessions’ as a mandatory part of Bar training generated a lot of interest. When deciding to retain them, we concluded that qualifying sessions should not only be aligned to the Professional Statement but should also focus on public interest matters such as the advocate’s role in the rule of law and integrating trainees into a ‘community of practice’ through interactions with more experienced practitioners and the judiciary. The Inns are uniquely placed to provide this important function and we have been considering in more detail with the Inns how many sessions would be appropriate and the detail of the oversight arrangements to be put in place. We also believe that more of this activity should be available to prospective barristers outside London, through coherent collaboration between the Inns, Circuits and regional training providers.
As well as the aspects explained in this article, there are some additional changes in relation to the rules governing pupillage. As interesting as what IS changing, is what is NOT changing!
Since 2014, the BSB has been undertaking a thorough review of the way in which barristers train and qualify in England and Wales. We have consulted extensively with the profession, students, education providers and other interested parties about those parts of the current process that work well and those that work less well. We have done this in order to develop an accessible, more affordable and flexible training system that can continue to attract the brightest talent to the Bar and develop it in such a way as to sustain the high standards rightly expected of barristers.
Our review has now reached the stage where, subject to the Board’s review of responses to our last consultation on our proposed rules and final Legal Services Board approval, new training rules will come into effect in early 2019. Here, I summarise what is changing and, equally importantly, what is not changing. The new rules are an evolution, not a revolution.
One of the changes that we introduced early on during our Future Bar Training (FBT) programme was to publish the Professional Statement for Barristers incorporating the Threshold Standard and Competences. This describes the knowledge, skills and attributes that all barristers should have on ‘day one’ of practice.
The Professional Statement is the bedrock on which our subsequent FBT reforms are built. The various components of Bar training are designed to ensure that anyone who starts practising has proved that they meet the standards outlined in the Professional Statement and have therefore demonstrated they have all the necessary competences to be a barrister.
Surprising as it may seem, before the Professional Statement was devised, there was no single source that defined the threshold standard and competences. The Statement helps prospective barristers understand the standards to which they must aspire and helps training providers to understand what the ultimate outcomes of Bar training must be.
It has always been clear that most of the knowledge and most of the skills acquired by barristers during their training are essential. After all, much of this knowledge and these skills have been acquired by barristers for centuries – and for good reason too.
"Taken as a package, we believe our changes to the training and qualification system strike just the right balance between reforming what needs to change and maintaining the proven, long-standing methods for training barristers"
However, what is less certain is the best order for these skills and knowledge to be acquired. In truth, what matters is not so much the sequential order of training prescribed in the current rules, but the actual training components themselves. This is why our new rules permit what will be known as Authorised Education and Training Organisations (AETOs) to offer the three essential components of Bar training in a variety of different ways – ‘training pathways’ as we call them. (The term AETO will include what are currently known as BPTC providers as well as Pupillage Training Organisations.) The three components of education and training for the Bar will remain:
Within the new system, however, the three components may be attained by means of four approved training pathways:
As to which pathways will be available from 2019, this depends on what applications we receive from prospective AETOs. The new rules permit us to authorise delivery of any one of these pathways. We have issued much more detail about the pathways and criteria under which we will authorise new courses in a draft Authorisation Framework available on our website. Any applications for authorisation under the Authorisation Framework must meet our criteria of accessibility, affordability, flexibility and sustaining high standards.
Aligned to the Professional Statement, we have also undertaken a complete review of the curriculum and assessments for prospective barristers. The aim of this was to ensure that all newly qualified barristers are enabled to meet the requirements of the Professional Statement by their first day of practice. The review will lead to a number of important changes. These include:
Please check the BSB website for more information about these changes and when they are likely to come into effect.
Taken as a package, we believe our changes to the training and qualification system strike just the right balance between reforming what needs to change and maintaining the proven, long-standing methods for training barristers. We think this more flexible, less prescriptive approach will stand the Bar in good stead for many years to come.
We believe the reforms will help to make Bar training more accessible, more flexible, and more affordable for prospective barristers while sustaining the high standards of entry expected within the profession. They will give the public confidence that newly qualified barristers have been rigorously trained and assessed and that they will provide them with a high standard of service.
Dr Vanessa Davies, Bar Standards Board Director-General
Our October 2017 consultation considered the role of the Inns of Court in the education and training of barristers. After considering the responses we received to the consultation, the Board made the following policy decisions which will be reflected in the new training rules and their supporting documentation. The BSB will:
The issue of whether to retain ‘qualifying sessions’ as a mandatory part of Bar training generated a lot of interest. When deciding to retain them, we concluded that qualifying sessions should not only be aligned to the Professional Statement but should also focus on public interest matters such as the advocate’s role in the rule of law and integrating trainees into a ‘community of practice’ through interactions with more experienced practitioners and the judiciary. The Inns are uniquely placed to provide this important function and we have been considering in more detail with the Inns how many sessions would be appropriate and the detail of the oversight arrangements to be put in place. We also believe that more of this activity should be available to prospective barristers outside London, through coherent collaboration between the Inns, Circuits and regional training providers.
As well as the aspects explained in this article, there are some additional changes in relation to the rules governing pupillage. As interesting as what IS changing, is what is NOT changing!
Bar Standards Board Director-General Dr Vanessa Davies summarises what is and is not changing to the process by which prospective barristers will train and qualify from 2019
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