Higher standards not a simple cut in numbers the way ahead for the reformed Bar Vocational Course - Wood report

18 July 2008

A new aptitude test for students wishing to enter the Bar Vocational Course (BVC), and a wide range of improvements to update the course and make it more fit for purpose, are among the key recommendations of a report from the working group chaired by Derek Wood QC, presented to the Bar Standards Board last night.

A new look BVC - renamed the Bar Professional Training Course (BPTC) – would place professional ethics, advocacy and dispute resolution at the centre of the training for the Bar. The involvement of members of the public in sessions to develop client handling skills is also a key recommendation.

The BSB will now be considering the report’s recommendations in the weeks ahead to define the implementation plan.

The Wood report takes account of the April 2008 Bar Council report on the BVC by Richard Wilson QC, as well as the relevant aspects of the report by Lord Neuberger of Abbotsbury on entry to the Bar, published in November 2007.

Commenting on the report, Derek Wood QC said:

‘No one who has looked at the gap between the numbers of students undertaking the BVC and the numbers of pupillages can be indifferent to it.

‘In any given year, the number of people in search of pupillage - which will include barristers called in previous years yet to obtain pupillage - greatly exceeds the number of pupillages available.

‘We have addressed the main criticisms of the BVC, namely: that there are too many students; that admission standards are too low; that students do not realise how hard it is to get a pupillage; that the quality of teaching needs to be improved; that grading between course providers is inconsistent; and that the course is too expensive.

‘We do not necessarily accept all of these criticisms. Indeed, we have found the general standard of teaching to be high. But we have used them as a focus for our review of whether the BVC serves its intended purpose, namely to prepare students for a career at the Bar.’

Course fees for the BVC in 2008-9 will range from £9,000 to £14,495. The report states: ‘Given the closely prescribed level of resources which all providers must meet, it might be thought surprising that fees should fluctuate between providers as much as they do.’

The reports key recommendations include:

renaming the BVC as “The Bar Professional Training Course”
not imposing a straight cut in numbers, but instead raising admission standards
the introduction of an aptitude testfor the Bar
the introduction of a revised handbook (“The BPTC Handbook”), published alongside the Wood report
new features to be included on the revised course, such as formally taught professional ethics, greater weight given to written and oral advocacy, involving members of the public in training on conference skills, a new section on resolution of disputes out of court, as well as changing the delivery of legal research methods
some centrally set and marked examinations, overseen by a BSB-established Board of Examiners
the BVC to be shortened from a minimum of 32 to 30 weeks
providers to be asked to explain their course fees as part of the re-accreditation process, so that the BSB can be satisfied that the fee is fair and reasonable
the publication of three-year aggregate figures by providers of the numbers of students who have progressed to obtain pupillage

Commenting on admission requirements, Derek Wood QC said:

‘We have reached the very definite conclusion that admission requirements should be raised. It is not fair on the weaker students that they should waste their money on the course, nor is it fair on the more able that their progress should be hindered by the less able, which we believe it is. ‘There are students who simply would not meet the standards required to obtain pupillage, however many pupillages were on offer. Their deficiencies range from a lack of conceptual understanding of the way in which the law functions, to an inability to speak fluently, and an inability to write well-structured English prose. These deficiencies are not limited to students whose first language is not English.’

‘By raising the admission standards, we suspect that the numbers on the course would fall’.

BSB Chair Ruth Evans responded to the report today, saying:

‘This is a superb report. The Bar Standards Board applauds Derek Wood QC and his working party for producing a report that has taken a rigorous, root and branch approach to the myriad of concerns that have been expressed over the years about the BVC.

‘Proposals such as the introduction of an aptitude test and a revised syllabus will help to ensure that students who pass this new course are well-prepared for a future career at the Bar and that the Bar’s justifiable reputation for the highest standards is maintained.

‘We are also determined to find ways of making entry to the Bar as affordable as possible for students. We will be looking carefully at the question of costs over the coming months so that we can be confident all students get value for money.’

BVC Report