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Continuing Professional Development Review Tendering document

1. Introduction

The SRA

The Solicitors Regulation Authority (SRA) regulates more than 120,000 solicitors in England and Wales.

Its purpose is to protect the public by ensuring that solicitors meet high standards and by acting when risks are identified.

The SRA is the independent regulatory body of the Law Society of England and Wales.

As a regulator the SRA is subject to the public duty to promote equality and eliminate discrimination on the basis of age, disability, ethnicity and gender. The SRA is committed to being a fair, proportionate and transparent regulator.

Continuing Professional Development (CPD)

CPD is a key element of the SRA's strategy and regulatory framework. An effective CPD regime should help us deliver our purpose, which is

• to continue to develop the SRA's regulatory arrangements to deliver more proportionate and better targeted outcomes-focused regulation in the public interest;
• to support high standards in the delivery of legal services through education and training and the operation of outcomes-focused, risk-based regulation.

Background and context

The SRA upholds the following regulatory objectives set out by the Legal Services Act 2007:

• protecting and promoting the public interest;
• protecting and promoting the interests of consumers;
• encouraging an independent, strong, diverse and effective legal profession;
• promoting and maintaining adherence to the professional principles.

In this context, the SRA operates a compulsory CPD scheme which must be adhered to by solicitors in legal employment or practice in England and Wales.

The current CPD regulations have been in place since 1985 and are based on a "one-size fits all" requirement of 16 hours per year for all solicitors. This requirement does not take into account the individual circumstances of the solicitor, at what stage in their career they are, what their roles and responsibilities are, the risk profile of the individual, or any individual development needs.

The current scheme seems to fail to address the regulatory objectives, as set out above and any reform of CPD should, as a minimum, ensure that these regulatory aims are adequately addressed. In this context, SRA has launched an exercise seeking to gather further evidence to support the development of a revised CPD regime.

Running in parallel to this research, the SRA, the Bar Standards Board (BSB) and the Institute of Legal Executives Professional Standards (IPS) are working together to undertake a fundamental review of the legal education and training requirements of individuals and entities delivering legal services. The research which is the focus of this invitation to tender will inform this review.

2. Research aim

The core aim of the CPD research programme is to provide the necessary evidence to judge the proper role and functions of an outcomes-focused regulator in relation to CPD. To this end we have set the following objectives for this piece of research:

1. Identify current models of good practice in the practice and provision of CPD within the solicitors' profession,
2. Address the challenges to effective practice of CPD within the solicitors' profession and provide examples of how barriers may be overcome,
3. Examine the role of CPD as a regulatory tool in maintaining and enhancing the competence, performance and ethical conduct of solicitors,
4. Analyse trends and challenges within the profession which might be addressed through the CPD framework.

The piece of work we wish to commission through this invitation to tender will address points 1-3. Point 4 will be dealt with in-house but the findings will be made available to the successful research team to inform their final report.

3. Scope of the research

Tenders should

• take account of relevant existing literature and research in developing detailed research questions to meet the objectives set out above and refer to this in setting out the proposed approach,
• set out a suitable methodology for addressing research questions identified, providing a rationale for the approach proposed and noting any limitations, and
• set out a detailed research plan including key activities, deadlines and a risk register.

The project will involve periodic updates to the SRA on progress and any issues arising.

4. Outputs

• We require a single, comprehensive report addressing objectives 1-3 outlined above in Section 2.
• The report should include the background and context of the research, detail of the methodology implemented, main findings and any key recommendations. In addition to full discussion and analysis, the report should also include an executive summary.

5. Timescale

• The final report is required by 29 June 2012.
• The findings from the research will be presented to the SRA Education and Training Committee in July 2012.
• The findings will also be supplied to the Legal Education and Training Review (LETR) to inform the final report in December 2012.

6. Other areas to consider

We shall expect proposals to include information on the tendering organisation; staff who may work on the project, including any sub-contractors; reports and accounts; policy of insurance and an equality and diversity policy.

Proposals will also be assessed according to the following criteria:

• experience and expertise,
• understanding of our requirements,
• quality of the proposal and methodology,
• ability to deliver within budget and timeframe,
• proposed project management arrangements, to include information on the project, reports and accounts (required by Procurement), policy of insurance (required by Procurement), use of sub contractors, equality and diversity policy (required by Procurement);
• bids should be submitted by 20 February 2012 in electronic format. Please email bids to kay.page@sra.org.uk,
• you will need to specify costs for the survey and report, including VAT.

7. Commissioning timetable

8. Contact details

If you have any queries regarding the research specification or the tendering process, please contact Kay Page at kay.page@sra.org.uk or by telephone on 01527 504450 (ext. 3212).