Confirmed

Bar Professional Training Course

Cardiff University Law School

Report of monitoring visit, 8 March 2011

Name of Institution / Date of Visit/Meeting
Cardiff University Law School / 8 March 2011
Title of Course/award / Nature/status of the course
PG Dip in Bar Professional Training / First year of Bar Professional Training Course
Numbers/modes approved / Dates of course
72 FT approved places / Academic Year September 2010 – June 2011
Panel Members / Role and area of primary responsibility
Dr John Carrier (Chair) / Chair of Education and Training Committee
Ms Nerys Jefford QC / Practising Barrister, member of the Education and Training Committee
Ms Jayne Jeffcott / Legal Academic; Head of Students at College of Law Birmingham
Dr Victoria Stec / Education Manager, BSB
Ms Rosie Faulkner / Education Officer, BSB
HEI Team with whom the panel met / Role and area of primary responsibility
Ms Jetsun Lebasci / Course Director
Mr Ian Brookfield / Director, Centre for Professional Legal Studies
Ms Hannah Walsh / Deputy Course Leader
Ms Kate Hawkins / Professional Tutor, Solicitor
Mr Jason Tucker / Professional Tutor, Solicitor
Mr Dominic De Saulles / Professional Tutor, Solicitor
Context: The HEI/Provider
The University of Cardiff was established in 1883. It has full degree awarding powers.
The BVC ran from 1996 and the BPTC was approved to run from 2010; one of several related law programmes delivered by the Centre for Professional Legal Studies, Cardiff Law School. The course is validated for 72 students, there were 64 students on the course when it was visited. There is an associated academic award, and those who successfully complete the course will be awarded a postgraduate diploma in Bar Professional Training by the University of Cardiff.
This visit was part of the annual monitoring undertaken by the BSB and took place over one day with an evening meeting of the panel the night before to draw up an agenda of issues needing clarification or discussion. By agreement with the Provider, the programme for the one day visit was adjusted in order to include some time for observation of classes, a meeting with management, a meeting with staff and a meeting with students. A short tour of resources was also included in the visit.
1. Adherence to course aims, philosophy and standards
Adherence to the aims, philosophy and standards of the Bar Professional Training Course outlined in the ‘Blue Book’ seemed sound; where areas for improvement were identified by the panel they are included in the report below.
2. Quality management systems
The students reported that the attendance rule is well adhered to and they are made very aware of the seriousness of the rule at the beginning of the course. A register is taken at every group and if students arrive more than ten minutes late then they are marked absent from the class.
The staff also confirmed that students are told they are expected to be prepared for sessions; each time a student is under-prepared there is a specific mark in the register for this, so that regular offenders can be identified. The course leader conducts a lecture as part of induction to the course when the full attendance rule is fully explained. Each student’s attendance is reviewed half way through terms in order to catch any students who may be drifting towards failing due to low attendance, and inform them.
In order to combat risk of plagiarism, students are asked to hand in all pieces of work twice – in hard copy and electronically. Plagiarism software is then used to check the work.
The panel expressed some concerns in relation to the content of the Annual Monitoring Report. Whilst the subject reports were very helpful, the panel felt that the overall report lacked a sense of overview and real deep analysis. It was also noted that the Annual Report was received some time after it was required by the BSB. Many pages simply stated ‘no change from last year’, which meant that without sight of last year’s report, a lot of this report was unhelpful to the panel in preparation for the visit.
The management team stated that although the Blue Book makes it clear that analysis is needed, it is not clear of what nature, and that further guidance of what is required would be beneficial. The Blue Book specifies a certain number of headings which could be used for analysis, but also says the report overview should be limited to a small number of pages (5-10). It was agreed that further discussion and guidance could be given in another forum. The panel recommends that Cardiff provide a strategic overview in the AMR including a strong narrative account of quality assurance methods, and to ensure that this is a meaningful process with focused analysis setting out key findings on any statistical material included in the AMR.
Students were extremely complimentary about the approachability of the staff and felt they could take problems to any member of the team easily and that their opinions were always listened to and responded to in a timely manner. Termly Staff Student Panel Meetings are held which involve the student representatives; however students reported that the response has been slow in relation to a shortage of Charlesworth and Clerk and Linsell.
3. Staffing and staff development
The panel met with 3 members of staff. The Cardiff team is a small teaching team and since the others were teaching there were no additional staff members available at any point during the visit.
The panel heard that there are no sessional employees at Cardiff but there are 6 full-time and 3 part-time staff. It was reported that there are previous tutors available who could be called on in the instance of staff illness requiring a contingency staffing plan.
The increased formality of the induction process was praised; each new tutor must do a 2 module Postgraduate Certificate in University Teaching and Learning. One new staff member with whom the panel spoke reported that their time on the BPTC has been very stimulating and that they have enjoyed the difference between this course and their previous teaching on the LPC.
The panel noted that there is about a 50/50 proportion of barristers and solicitors who teach on the Cardiff team and that all of them are either still practising or have practised. There is a training budget for staff development and the panel was told that no reasonable request would be refused for a course. The staff members undertake CPD courses and also keep close contact with the local profession for marshalling opportunities. One staff member is a magistrate and one is a recorder. The course leader aims to organise a marshalling programme for each tutor each year and the local circuit judges were very receptive. There are also local research projects which the staff at Cardiff are involved in. The staff were generally very happy with the opportunities they have for development.
Each individual team conducts informal team meetings to look at session plans and the larger Cardiff team meets termly. Occasionally there are wider meetings for the whole of Cardiff Law School.
The whole team was pleased to be involved in re-shaping the course for the BPTC, it was reported that the assessment regime has been difficult to put together in terms of writing MCTs but it was acknowledged that this will only have to happen once for the centralised subjects.
4. Curriculum content and structure
The course is being taught in accordance with the Blue Book.
The management team reported that they have found difficulty in writing Ethics and ReDOC examination questions, however they acknowledged that they have yet to have assessments and have yet to gain feedback from students on the curriculum of these two subjects. Cardiff has maintained pervasive elements of ethics in other subjects as well as the stand alone assessments.
5. Admissions and student profile
The panel noted that there are a high proportion of overseas students and students who achieved 2:2s at Cardiff.
It was reported that Cardiff look carefully at the application form and how it has been completed, using a points system. There is a high proportion of students with 2:2s on the course since there are a high volume of applications from such students. Cardiff reported that they do not accept students who have achieved a 3rd in their degree even if they have discretion from the BSB.
Cardiff have a collaborative arrangement at undergraduate level with a University in Malaysia which results in a high proportion of Malaysian students wishing to study their BPTC at Cardiff.
This year Cardiff has introduced a specific plan for looking at the use of English in application forms to try to reduce the number of students who end up having to withdraw from the course for having failed IELTS (this year Cardiff lost 9 students who started the course but were then required to take IELTS (after displaying language difficulties) and failed). Cardiff will also be cross-checking what students have said about their first language in their application form with the declaration they make on enrolment. Any students who, because of the writing in their application form, create cause for concern about language, have been informed by Cardiff that they will not be considered unless they complete an IELTS or a TOEFL test. This was commended by the panel, particularly since the students and staff with whom the panel met stated that at the beginning of the course there was some problems with language but these have now improved.
Of the students the panel saw, most were local to Cardiff or had completed their LLB there.
6. Teaching and Learning (knowledge and skills areas)
The panel observed inconsistent use of the Hampel method of teaching advocacy, although it is acknowledged that revised guidance on teaching of advocacy has only recently been issued. The panel recommends that Cardiff ensure consistency across advocacy sessions of the extent to which the Hampel method is used, especially in demonstration by the tutors. Cardiff did report that they have method guidance in the tutor notes for giving advocacy feedback and written feedback is also given in that form.
Students with whom the panel met reported that they receive a good level of feedback and are pleased that they have opportunities to give feedback to each other as well as that which comes from tutors. Additional feedback can always be sought from tutors who are very approachable.
There were several positives reported by students in relation to teaching and learning in particular. These include: the course demands total focus from students, the teaching experience is particularly good, the tutors are extremely willing to help when necessary and the feedback received gives confidence. Students also reported that they have been given a clear definition of ethics and have a good awareness of it throughout the course, not just in the Ethics subject sessions.
7. Standards and assessment strategy and methods (including progression data)
The panel noted that there seems to be a high first sit failure rate at Cardiff. Often it is the case that students may fail one or two subjects then do much better with less to concentrate on at re-sits. There was some suggestion that a cohort with a higher proportion of students with 2:2s may be the cause, however a report written by one of the tutors suggested that this was not the most significant factor.
It was acknowledged that civil, criminal and conferencing are the subjects with the lowest grades, which is reported to be common historically.
The students considered that having ethics assessed by multiple choice and short answer questions does not represent real life as there will always be grey areas and not necessarily a right and wrong answer. They found it useful that Cardiff had retained pervasive ethics elements in their session notes. Students also considered that ReDOC would be better assessed as a live skill.
Some students whom the panel met expressed a wish to have undertaken some exams after the first term, however this was not a universal view. The pressure is so great in the first term that some students did not consider that they could have performed well with additional exam pressure at the same time.
The staff the panel sawwere asked what input they have in designing the assessments. The team starts to put ideas together informally to begin with and one person puts together a first draft. There is a good deal of staff involvement with the subsequent drawing up of examination papers as the process becomes more formal.
8. Student support and quality of student experience
There was a good response rate noted to the student survey, however there seemed to be poorer feedback given for family and ethics. Family is a big subject and it can prove difficult for the tutor to cover everything, students can also therefore feel that they are given too much work. Plans have been made for the future to improve this.
In terms of careers support, it was reported that personal tutors provide students with a high level of help with CVs; there is a careers lecture at the beginning of the course and a careers service offers help with CVs, pupillage interviews, and general advice. Speakers also come to the law school and give a series of careers talks to students. It was suggested by students that there is a high focus on gaining pupillage in terms of careers advice and the panel felt that perhaps more focus could be given to advice about alternative careers where statistics show how difficult it is to obtain pupillage.
There have been 7 new pro bono opportunities introduced this year; including the Innocence project and NHS Scheme. The student law office continues to run; few students tend to volunteer due to their high workload on the course, although it is recommended to them that they opt for at least one pro bono project. The personal support Unit has also recently come to Cardiff which is considered to be a great opportunity, as well as asylum work for which training has just been undertaken.
The idea of having a Practitioner Advisory panel to talk to the students has not been progressed much at the moment, although the visiting panel acknowledged that the thought behind this was positive.
The students undertake two placement weeks (1 marshalling, 0.5 with a district judge and 0.5 in Chambers) during the course. Cardiff is also able to arrange mini-pupillages (non-compulsory) for students if requested. This is a reflection of the good links with the local bar which exist and the panel and the students wished to commend this highly.
The students reported that the tutors at Cardiff are excellent; their approachability especially, and the interview preparation that they assist with. There was a general feeling from students that their opinions are acutely listened to and responded to well.
The students were pleased about the open door policy which operates at Cardiff in addition to scheduled personal tutor meetings.
The panel was surprised to hear that there is no mooting on the BPTC although students do have the opportunity to judge mooting competitions in the university. Students also mentioned that there are sometimes national competitions which they are not aware of which could help to boost their CV, and asked that the staff make every effort to keep abreast of such events so students can have every possible opportunity.
The panel recommends that Cardiff promote more proactive engagement of students in CV-boosting activities such as competitions, mooting, Pro Bono etc, although acknowledge that it is difficult to get the balance right between asking the students to keep up with their work and focus on extra-curricular activities.
The administrative support at Cardiff was particularly praised by management, staff and students.
9. Learning resources (Library and IT)
A tour of the facilities took place during which the panel met with Cathie Jackson ; the subject librarian for law and Caroline Miles; the Operations Manager. The panel was satisfied that all resource requirements for study spaces, books etc are being adhered to at Cardiff.
During student induction students are told how to use the library facility, they are each given a copy of the White book, Archbold and Blackstones. Lexis Nexis and Westlaw are both available online and there are three copies of Chitty in the library as it was not considered cost effective to get it online. There is one silent study room and two group study rooms available in the library. There has been £100,000 invested into the library this year, assuming 200 students using the library (BPTC and LPC) that is £500 per student, which the panel agreed was a high level of investment.