Loading...

Impact assessment

Legal Practice Course: Consultation on policy on Accreditation of Prior Learning (APL)


Date:  July 2010

Brief overview of policy, aims and objectives

  • 1

    The SRA is proposing to allow exemptions from the Legal Practice Course (LPC) in specific circumstances. This follows on from work commenced in 2007 on the new LPC.

  • 2

    The LPC is currently a mandatory course and no exemptions are permitted. The provision of exemptions would provide flexibility to students, especially those following a non-traditional route to qualification.

  • 3

    In September 2007, following a consultation on the new LPC which specifically explored the possibility of exemptions, the SRA Board agreed that work should continue on compiling a list of recognised qualifications that would relieve some students from an LPC attendance requirement but would still require all students to pass the relevant LPC assessments.

  • 4

    The issue of exemptions is of particular relevance now because BVC/BPTC graduates who have not completed pupillage will no longer be eligible to transfer under the new Qualified Lawyer Transfer Scheme Regulations. Whilst developing the Equality Impact Assessment, evidence was received which suggested that BME groups find it harder to gain pupillage and that they would therefore be more affected by this change. Although the difficulties that BME students may have in securing pupillage is primarily a matter for the Bar, the SRA does not wish to compound any such potential disadvantage. We therefore undertook to carry out this piece of work on exemptions.

    The Bar Professional Training Course (BPTC) is replacing the BVC in September 2010.

    It should be noted that there may be other contributory reasons for the statistics suggesting that BME groups finder it harder to get pupillage, for example, around a quarter of BVC students are purely in the UK to study the BVC, and therefore are less likely to want to apply for a pupillage in England and Wales after their studies.

  • 5

    APL generally refers to the recognition of an individual's significant achievement in a particular area. The two main types of APL are:

    • Accreditation of prior certificated learning (APCL)
      Defined by the QAA as being "a process, through which previously assessed and certificated learning is considered and, as appropriate, recognised for academic purposes".
      and
    • Accreditation of prior experiential learning (APEL)
      Defined by the QAA as being "a process through which learning achieved outside education or training systems is assessed and, as appropriate, recognised for academic purposes".
  • 6

    APL is seen as a means to promote lifelong learning, social inclusion and social mobility. It has clear links to work on access to the professions.

  • 7

    It is proposed that the SRA will not recognise accreditation on the basis of experiential learning (APEL) as it is much more difficult to assess and to be assured that the candidate has met the requisite standard. This would be in line with the SRA's policy on APEL on the academic stage. It would also be in line with the SRA's policy in relation to QLTS, which has abolished the QLTR experience requirement and replaced it with a practical assessment.

Key stakeholders/those affected

  • 8

    The key stakeholders for this policy are:

    • LPC providers
    • Prospective LPC students
    • BVC/BPTC graduates who are unable to gain pupillage and therefore unable to qualify as a barrister (we know from the QLTS EIA that BME BVC graduates seem to be disproportionately represented in this group)
    • Other career changers

Available internal and external data

  • 9

    There is no existing policy of exemptions for the LPC therefore there is no historical data on this policy.

  • 10

    The Bar Council publishes data on gender, ethnicity and disability in relation to BVC students and those with pupillage.

Gaps in data

  • 11

    Bar Standards Board data on the other equality strands.

Impact on equality strands

  • 12

    Race (high relevance) - the policy should have a positive impact on race as we know that the data suggests that a disproportionate number of BVC graduates who cannot get pupillage are from BME groups. This policy will enable them to gain credit on the LPC for modules undertaken on the BVC/BPTC.

  • 13

    Sexual orientation (low relevance) – no foreseen impact.

  • 14

    Human rights (low relevance) – no foreseen impact.

  • 15

    Disability (medium relevance) – the policy should have a positive impact by allowing greater flexibility in career progression.

  • 16

    Religion or belief (low relevance) – no foreseen impact.

  • 17

    Socio-economic (high relevance) – the policy should have a positive impact on those from poorer backgrounds as the policy should enable them to gain credit on the LPC for qualifications gained elsewhere. This will however depend on how the policy is implemented and whether LPC providers make it cost effective for the student to have their prior learning accredited.

  • 18

    Gender (high relevance) – it is likely that this policy should have a positive impact on women who may be more likely to have career breaks and career changes.

  • 19

    Age (high relevance) – it is likely that this policy should have a positive impact on older students who are more likely to have gained previous qualifications.

Full Equality Impact Assessment

  • 20

    It is likely that a full impact assessment will be necessary given the importance of this policy to lifelong learning, social inclusion, social mobility and access to the professions.

Action plan

Consultation 9 July–21 October 2010
Gaps in data filled July–September 2010
Consultation responses considered and full EIA completed October/November 2010
LSB asked to approve proposals Autumn 2010
If approved, SRA implements policy