UK BPTC Students' Statistics & Demographics for 2010/11, Study notes of Law

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BPTC 2010/

An analysis of students enrolled on the

2010/11 Bar Professional Training Course

BPTC statistical report June 2012

Prepared by Bar Council Research Department

Tables of Contents

Introduction

The Bar Standards Board (BSB) is committed to providing clear and transparent statistical data for every level of the barrister profession; including the training stages. The provision of accurate data by the Bar Professional Training Course (BPTC) institutions is central to enabling effective monitoring and analysis of the course to ensure these requirements are met. This is in line with BSB regulatory objectives, public equality duties and good practice.

This report presents an analysis of the data relating to the backgrounds of those students who enrolled on the BPTC in the academic year 2010-11 and supplied monitoring data to the BPTC providers. Full-time students have been analysed separately to those students taking the part- time course. The data contained within this report was supplied by each of the course providers at an aggregate level. The data supplied to the BSB by providers is anonymous.

Percentages in this report are calculated on the students where information was returned to the BSB in aggregate form. The BPTC follows the UK conventional academic year format, September to July. Where missing data is listed in the report no data was provided by the student to their provider for that category. Data relating to eight students enrolled on the full-time BPTC was not provided at all so is omitted from this analysis. Percentages in the charts and tables presented in the course of this report are represented to the nearest whole number or decimal places where appropriate.

From September 2010 the BPTC was offered by nine different providers at eleven locations around England and Wales; they are listed below in Figure one.

Figure 1: BPTC providers

BPP Law School London

BPP Law School Leeds

Cardiff Law School

The College of Law London

The College of Law Birmingham

The City Law School

Kaplan Law School

Manchester Metropolitan University

Nottingham Law School

The University of Northumbria at Newcastle

University of the West of England at Bristol

Summary: Key Facts of BPTC student data in 2010/

The Bar Professional Training Course: profile of full-time students 2010/

This report provides details on the composition of full-time students who enrolled in 2010/11 on the BPTC and illustrates and identifies key facts relating to student enrolment, examination and demographic information. The key statistics for 2010/11 are outlined below:

Students in 2010/

 There were 3,099 applications in 2009/10 to study for the BPTC commencing in 2010/11, this is an increase of 16.6% (442) on applications the previous year, 2008/

 Total validated places were 1,684;

 Total actual enrolled students were 1,422;

 52.2% of applicants (FT+PT) secured a place;

 84% of validated places were filled representing 16% under- recruitment by providers of the BPTC;

 52.2% (739) of students were women;

 47.7% (675) of students were men;

 42.4% (600) of all students were BME;

 43.7% (618) of all students were white;

 13.9% (196) of students did not disclose their ethnicity;

 20.3% (140) of UK domiciled students were BME;

 70.5% (485) of UK domiciled students were white;

 9.2% (63) of UK students did not disclose their ethnicity;

 5.3% (81) of students declared a disability;  67.6% (957) of students were aged under 25 years;  32.2% (457) of students were aged 25 years or over;  12.4% (175) of students held a First Class degree;  50.1% (706) of students held an Upper Second Class degree;  25.2% (355) of students held a Lower Second Class degree;  0.2% (3) of students held a Third Class Degree;^1  The (final „second sit‟) pass rate was 89.3%;  The „first sit‟ pass rate was 52.7%;  The pass rate for UK domiciled students was 84.7%;  The pass rate for EU domiciled students was 86.4%  The pass rate for non-EU domiciled students was 73.2%; and  The pass rate for men was 80.1%; 82.4% for women.

(^1) Entry to the Bar Course with a Third Class degree is only possible subject to a successful application to the BSB for discretion

1.1 The BPTC: The professional stage in training for the Bar

Background and context 1.2 There are three stages that must be completed in order to qualify as a practising barrister in England and Wales. The BPTC is the second stage in training for the Bar. Figure 2: stages in training for the Bar

1.3 The Bar Professional Training Course (BPTC) forms the training stage for the Bar and is stage two (of three) in training for the Bar as illustrated above in Figure 2.

Purpose of the BPTC 1.4 The Bar Professional Training Course Handbook specifies that, „The purpose of the BPTC is to enable students, building on their prior learning, to acquire and develop the skills, knowledge and values to become effective members of the Bar of England and Wales. As part of the continuum of training, from the academic stage through to pupillage and continuing professional development of practising barristers, it acts as the bridge between the academic study of law and the practice of law. It aims to move the student from the classroom to the courtroom. It is, therefore, different in its culture and the nature of its demands from that of the academic stage of training, the Qualifying Law Degree or CPE. The BPTC must reflect the requirements of this stage of training in terms of the standards to be met by those who provide the course, and the standards that are to be attained by students before they can be recognised as having successfully completed the course.‟ 1.5 Securing pupillage is very competitive and over the last three years pupillage applications have increased. The majority of those who pass the Bar Course apply for pupillage in the UK or in their region of domicile if they are a non-UK or EEA citizen.^5

(^5) Following closure of the Tier 1 post study work route in 2010, new rules apply to Non-European Economic Area (EEA) citizens who wish to apply for pupillage in England and Wales. Under the UK Border Agency‟s points based system, all non-EEA individuals who intend to enter the UK to undertake pupillage or mini pupillage must obtain their leave to enter under Tier 5 (Government Approved Exchange), having first successfully applied to the Bar Council for a Certificate of Sponsorship. Please visit the Bar Council website http://www.barcouncil.org.uk/for-the-bar/international/immigration-guidance-for-non-eea-lawyers/immigration- support-pupillage-and-chambers-placements/ for more information.

Academic (Stage 1)

BPTC

(Training Stage 2)

Pupillage (Professional Stage 3)

Aims 1.6 The overarching aims of the BPTC are:

 to prepare students of the Inns of Court for pupillage at the Bar of England and Wales;

 to enable students of the Inns who are domiciled internationally to acquire the skills required for pupillage at the Bar of England and Wales, thereby assisting them to undertake further training or practice in their home region of domicile.

Objectives 1.7 Specific objectives of the course are:

 to bridge the gap between the academic study of law and the practice of law;

 to provide the foundation for the development of excellence in advocacy;

 to inculcate a professional and ethical approach to practice as a barrister;

 to prepare students for practice in a culturally diverse society;

 to prepare students for the further training to be given in pupillage;

 to equip students to perform competently in matters in which they are likely to be briefed during pupillage; and

 to lay the foundation for future practice, whether in chambers or as an employed barrister and to encourage students to take responsibility for their own professional development.

BPTC admission requirements 1.8 The admission of an individual applicant to the Bar Course is managed by the provider but subject to fulfilment of the entry requirements to the course as required by the BSB. There is a presumption that the applicant will be able to complete the course successfully and have the potential to progress eventually to practise at the Bar. 1.9 The BPTC lasts 30 weeks for full-time students. Part-time students take the course over two academic years. Entry to the course is limited to students who have completed the Academic Stage (a Qualifying Law Degree or Non-Law Degree plus CPE/GDL). Graduates with a Third Class degree are excluded unless the regulator decides, in the light of the individual‟s circumstances, to exercise discretion in his or her favour and allow the student to register.^6 1.10 Applications to the Bar Course must be made via the online application system on the BSB website. 1.11 Providers must abide by the minimum requirements for admission to the course, as set down and amended from time to time by the Bar Standards Board. Entry requirements are summarised as follows:^7  Completion of the Academic Stage  (Qualifying Law Degree or non-Law Degree plus CPE/GDL)  Membership of an Inn of Court  Proficiency in the English Language

(^6) www.barstandardsboard.org.uk/assets/documents/BVC%20Report%20with%20annexes.pdf (^7) Subject to LSB approval and favourable pilot results, it is planned that when the BPTC online application system opens in 2012 a minimum of a threshold pass in the BSB aptitude entry test will be required.

2.3 Figure 4 below shows student enrolments on the BPTC by provider.

Figure 4: actual student enrolment

BPP Law School London, 17.0% BPP Law School Leeds, 3.3%Cardiff Law School, 4.9%

The College of Law London, 15.5%

The College of Law Birmingham, 4.5%

Kaplan Law School, 3.8%

The City Law School, 24.9%

Manchester Metropolitan University, 6.0%

Nottingham Law School, 6.3%

The University of Northumbria at Newcastle, 7.2%

University of the West of England at Bristol, 6.8%

2.4 What is shown in Figure 5 below is the proportion of BPTC places (as validated by the BSB) broken down by provider and how enrolment would have been distributed had the amount of validated places matched actual student enrolment on the course. Figure 5: provider validated places

BPP Law School London, 15.7% (^) BPP Law School Leeds, 2.9% Cardiff Law School, 4.3%

The College of Law London, 14.3% The College of Law Birmingham, 7.8% Kaplan Law School, 3.6%

The City Law School, 24.9%

Manchester Metropolita n University, 6.4%

Nottingham Law School, 7.1%

The University of Northumbria at Newcastle, 5.9%

University of the West of England at Bristol, 7.1%

3 BPTC students by region of domicile

3.1 48.7% of students in 2010/11 enrolled on the BPTC were categorised as Home students and domiciled in the UK.

Figure 6: student domicile

Home Students EU^ Non-EU Area of domicility (^) 48.7% 17.8% 33.6%

0%

10%

20%

30%

40%

50%

60%

3.2 33.6% of students were from International (non- EU) jurisdictions and 17.8% were EU students. Student region of domicile is further broken down by course provider and are shown opposite in Figure 7.

3.3 The provider with the highest proportion of UK domiciled students was The College of Law, Birmingham with 85.7%. The provider with the highest proportion of Non-UK domiciled students was The University of Northumbria, 67.3%.

Figure 7: student domicile by provider BPTC Provider % of UK domiciled Students

% of EU domiciled Students

% of Non-EU domiciled Students BPP Law School London 68.8% 5.3% 25.7% BPP Law School Leeds 59.6% 1.7% 38.6% Cardiff Law School 48% 1.3% 50.6% The College of Law London 84.2% 2.5% 13.1% The College of Law Birmingham 85.7% 2.3% 11.9% Kaplan Law School 83.0% 11.3% 5.6% The City Law School 65.8% 3.5% 30.5% Manchester Metropolitan University

Nottingham Law School 82.6% 0% 17.3% The University of Northumbria at Newcastle

University of the West of England at Bristol

7 BPTC student ethnicity

All Students

7.1 Figure 9 below shows the ethnicity of all students enrolled on the BPTC in 2010/11. 7.2 The proportion of white students was 48% (727), BME students comprised 43% (647) and 9% (135) of students did not provide data.

Figure 9: overall student ethnicity

White 48%

BME

No data 9%

UK Students

7.3 Figure 10 shows the breakdown of UK domiciled BPTC students by ethnicity using the same categories as the 2011 UK census. In 2010/11, UK BME domiciled students comprised 20.3% (140).

Figure 10: UK students’ ethnicity (a)

Enrolment by ethnicity^ 0% 20.3%BME^ 70.5%White^ Missing data9.2%

10%

20%

30%

40%

50%

60%

70%

80%

7.4 Figure 11 shows the proportions of BPTC students from the UK by all disclosed ethnicities.

Figure 11: UK student ethnicity (b)

UK Domiciled Students’ Ethnicity

No. %

White British (^) 474 68.90% White Irish 2 0.29% Gypsy or Irish Traveller 0 0.00% Any other White background 9 1.31% White & Black Caribbean 4 0.58% White & Black African 1 0.15% White & Asian 4 0.58% Any other Mixed background 5 0.73% Asian Indian 22 3.20% Asian Pakistani (^) 34 4.94% Asian Bangladeshi 9 1.31% Chinese (^) 3 0.44% Any other Asian background 6 0.87%

Black African (^) 17 2.47% Black Caribbean 14 2.03% Any other Black background 3 0.44% Arab 0 0.00% Any other ethnicity 18 2.62% Not disclosed 63 9.16% Total 688 100%

8 BPTC Results 8.1 The pass rate for the BPTC for 2010/11 was 89.3 %; the pass mark was 50%. The following definitions were applied when assessing BPTC students. All assessments were graded as “Outstanding”, “Very Competent”, “Competent” or “Fail”. In order to pass an assessment a student must have achieved a grade of “Competent” or above. The grading boundaries for all assessments, with the exception of Professional Ethics and Conduct and multiple choice tests are as follows.^9 Figure 13: BPTC grade definitions

Grading Descriptor % for assessmen t

Outstanding To gain the award of “Outstanding” a candidate must have passed all assessments at the first attempt and must achieve either an overall mark of 85% or above, or six or more grades in the outstanding category.

Very

Competent

To gain the award of “Very Competent” a candidate must have failed no more than one assessment at the first attempt and must achieve either an overall mark 70% or eight or more grades in the very competent or outstanding categories.

Competent To gain the award of “Competent” a candidate must pass each assessment subject to the rules governing the opportunity to re-sit (see below).

Not

Competent

Does not satisfy the threshold requirements of the course. Work is inarticulate and of poor standard, faulty and badly expressed. The candidate is not capable of producing work on which a prospective client could rely.

Deferred Students who have temporarily suspended their studies with a view to completing the programme at a later date.

Referred Students who are required to repeat one or more assessments (i.e. after failing their first sit).

Withdrawn: Students who permanently leave the course (voluntarily or otherwise) and do not fall into the category of „failed‟.

Resits (^) Failure in any assessment gives the right to two opportunities to retake the failed assessment(s); one of which may be within the duration of the course. The timings of these assessments shall be at the discretion of the institution.

Failed Students who fail both first sit and re-sit, and have no further options to re-sit.^10

(^9) Bar Vocational Course: Course Specification and Guidance. First edition 2002 (revised annually). (^10) The term „fail‟ may be used to designate a situation where a student does not satisfy the threshold requirements for an assessment and/or for the course as a whole, and the maximum number of resit opportunities have been exhausted. It amounts to a „Not Competent‟ grading.

8.2 Figure 14 shows the July 2011 „first sit‟ examination results of all students. 9.1% (129) achieved an „Outstanding‟ grade, 41% (580) achieved „Very Competent‟ grade and 2.6% (37)„Competent‟. 1.6%(23) of students did not achieve a pass at this stage and only 52.8% (746) would have officially passed. Figure 14: BPTC first sit examination grade

Outstanding (^) CompetentVery Competent Deferred Referred Withdrawn Failed 1st sit pass rate 9.1% 41.0% 2.6% 2.9% 40.2% 2.5% 1.6%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

8.3 Figure 15 shows the final autumn results and includes those who took resists. The pass rate was 89.3% (1,113) and comprised the grades of Outstanding 10.3% (129), Very Competent 57.8% (721) and Competent 21.1% (263). 21% of students did not pass the course due to withdrawal, deferral or referral.

Figure 15: second sit examination grade (final pass rate)

Outstandi ng

Very Competen t

Competen t Deferred^ Referred^

Withdraw n Failed 2nd sit (FINAL) pass rate 10.35% 57.87% 21.11% 2.13% 5.90% 2.65% 10.35%

0%

10%

20%

30%

40%

50%

60%

70%

8.4 BPTC providers are encouraged by the BSB to make some provisions for resit(s) after an initial failure where appropriate. Two opportunities to resit each failed assessment were allowed in any subject, regardless of and not subject to any minimum grade being achieved on the remainder of the course. Where there were documented and accepted mitigating circumstances, a resit examination could be taken as „first sit‟ and thus not count as one of the permitted resit opportunities.

10 Results by UK (home students)

Figure 17 below shows the final results of UK students broken down by ethnicity.

Figure 17: UK student results by ethnicity

% UK students Outstandin g

Very Competent

Competent Deferre d

Referre d

Withdrawn Failed Total (no.)

White British (^) 10.8% 44.9% 6.5% 1.0% 1.0% 1.5% 3.2% 68.9%

White Irish 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.3%

Gypsy or Irish Traveller 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

Any other White background 0.3% 0.9% 0.0% 0.0% 0.1% 0.0% 0.0% 1.3%

White & Black Caribbean 0.1% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.4%

White & Black African 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1%

White & Asian 0.0% 0.4% 0.0% 0.1% 0.0% 0.0% 0.0% 0.6%

Any other Mixed background 0.3% 0.1% 0.1% 0.0% 0.1% 0.0% 0.1% 0.9%

Asian Indian 0.0% 1.9% 0.9% 0.0% 0.1% 0.1% 0.1% 3.2%

Asian Pakistani (^) 0.0% 1.5% 1.3% 0.3% 1.2% 0.0% 0.6% 4.8%

Asian Bangladeshi 0.0% 0.6% 0.1% 0.0% 0.1% 0.1% 0.1% 1.2%

Chinese 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.1% 0.4%

Any other Asian background 0.0% 0.4% 0.3% 0.0% 0.1% 0.0% 0.0% 0.9%

Black African 0.0% 0.7% 1.0% 0.0% 0.3% 0.0% 0.7% 2.8%

Black Caribbean 0.0% 0.7% 0.6% 0.0% 0.0% 0.0% 0.6% 1.9%

Any other Black background 0.0% 0.1% 0.0% 0.0% 0.3% 0.0% 0.1% 0.6%

Arab 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

Any other ethnicity 0.3% 1.2% 0.7% 0.1% 0.1% 0.0% 0.1% 2.6%

Not disclosed (^) 1.3% 3.3% 2.2% 0.4% 0.4% 0.1% 1.3% 9.2%

Total: % 13.1% 57 .4% 14.2% 2.0% 4.1% 1.9% 7.3% 100.0%

11 Results by Non-UK (international) students

Figure 18 below shows the final results of International students, broken down by ethnicity.

Figure 18: international student results by ethnicity

% International Students Outstanding Very Competent Competent Deferred Referred Withdrawn Failed Total (no.)

White British 1.05% 0.84% 0.21% 0.00% 0.00% 0.21% 0.00% 2.32%

White Irish 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

Gypsy or Irish Traveller 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

Any other White background 0.00% 0.63% 0.21% 0.00% 0.00% 0.00% 0.00% 0.84%

White & Black Caribbean (^) 0.00% 0.42% 0.00% 0.00% 0.00% 0.00% 0.21% 0.63%

White & Black African 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

White & Asian 0.00% 0.21% 0.21% 0.00% 0.00% 0.00% 0.21% 0.63%

Any other Mixed background 0.00% 0.00% 0.21% 0.00% 0.00% 0.00% 0.00% 0.21%

Asian Indian 0.00% 2.53% 1.68% 0.21% 0.00% 0.00% 0.21% 4.63%

Asian Pakistani 0.00% 4.21% 2.95% 0.21% 1.68% 0.84% 0.21% 10.11%

Asian Bangladeshi 0.00% 4.63% 6.95% 1.26% 3.58% 1.05% 2.53% 20.00%

Chinese 0.63% 11.58% 3.37% 0.00% 0.42% 0.21% 2.11% 18.32%

Any other Asian background 0.21% 7.16% 4.00% 0.21% 0.21% 0.63% 2.95% 15.37%

Black African (^) 0.00% 0.42% 0.84% 0.21% 0.21% 0.00% 0.63% 2.32%

Black Caribbean 0.00% 4.42% 2.32% 0.21% 0.84% 0.21% 1.89% 9.89%

Any other Black background (^) 0.00% 0.21% 0.42% 0.00% 0.00% 0.00% 0.00% 0.63%

Arab 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

Any other ethnicity 0.21% 2.11% 1.47% 0.00% 0.21% 0.42% 0.42% 4.84%

Not disclosed 0.21% 4.00% 2.74% 0.00% 1.05% 0.63% 0.63% 9.26%

Total: % 2.32% 43.37% 27.58% 2.32% 8.21% 4.21% 12.00% 100.00%