BAR STANDARDS BOARD
QUALIFICATIONS COMMITTEE
PUPILLAGE PANEL
CRITERIA AND GUIDELINES
These Notes are divided into two sections:
A. Guidance Notes – General Procedure for applications and appeals
B. Criteria for applications
The Pupillage Panel deals with applications from pupils and prospective pupils in five areas:
Nature of Application / Brief Summary1 External Training / Applications for all or part of the practising six months of pupillage to be satisfied by a form of external training
2 Reductions in pupillage / Applications for reductions in pupillage based on experience gained outside the usual pupillage structure
3 Retrospective Registration of Pupillage / Applications for permission to have a relevant period of pupillage treated as having commenced other than on the date of receipt of the application for registration
4 Breaks in and late commencement of pupillage / Applications for permission:
§ To commence pupillage more than 5 years after completing the Vocational Stage
§ To take a break of more than 2 weeks in the Professional Stage
§ To commence the practising six months of pupillage more than 12 months after completion of the non-practising six months
§ To split the practising period of pupillage so that it would end more than 9 months after it started
§ To undertake the practising period of pupillage other than in a Member State
5 Undertaking the practising pupillage other than in a Member State / Applications for permission to undertake the practising six months other than in a Member State
A. Guidance Notes – General Procedure for applications and appeals
1 General
1.1 In these Notes, the BSB Handbook is referred to as “The Handbook". The Bar Training Rules, which constitute Section 4B of the Handbook, are referred to as “BTR”.
1.2 These Notes set out the criteria and guidelines which the Pupillage Panel and/or the Full Committee applies in considering such applications, and should be read carefully and in conjunction with the BTR and the Application Form.
1.3 Neither the Pupillage Panel nor the Qualifications Committee is empowered to review the Handbook or the BTR.
2 How applications are dealt with
2.1 Applications must be made in writing on the appropriate and current Application Form, accompanied by any supporting documentation and the requisite fee, currently £55, for which the preferred method of payment is bank transfer (BACS), the details for which are:
Bank: Messrs. Child & Co
Address: 1 Fleet Street London EC4Y 1BD
Sort Code: 15.80.00
Account: The General Council of The Bar
Account No: 66050206
Swift Code: RBOSGB2L
Child Bank Identifier Code (BIC): RBOS GB 2L
International Bank Account Number (IBAN): GB98 RBOS 1580 0066 0502 06
When paying by BACS, you must ensure with your bank that the BSB receives the full amount in Sterling: ie, you must pay all charges of both your bank and agents charges, including those of the BSB: ie, the handling charge levied by RBS if the issuing bank does not pay all bank charges. PLEASE ALSO ENSURE YOU PUT A REFERENCE OF “QUALS” AGAINST YOUR NAME ON THE TRANSACTION TO IDENTIFY THE PAYMENT.
If you are unable to pay by this method, please contact the Training Regulations Office for further advice.
The application form and details of the Committee’s Fee Waiver Policy are available from the BSB (contact details below) or online (see below). Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made.
2.2 Applicants who may have particular difficulties in following the standard application procedure or need reasonable adjustments related to a disability may contact the Secretary to the Qualifications Committee to discuss how these needs can be met.
2.3 All applications contain a declaration that the applicant has read, understood and complied with these Criteria and Guidelines.
2.4 Applications are considered and determined by the Pupillage Panel of the Qualifications Committee, which is one of the regulatory committees whose work is overseen by the Bar Standards Board. The Qualifications Committee’s powers to approve the applications made to the Pupillage Panel are set out in section B7 of the BTR.
2.5 The Qualifications Committee comprises both barristers and lay members. All applications are dealt with in the first instance by the Pupillage Panel of the Qualifications Committee, members of which Panel are all members of the full Qualifications Committee. References in these Notes to the Qualifications Committee should be read as including a reference to the Pupillage Panel unless otherwise expressly stated.
2.6 All applications are dealt with on paper only.
2.7 An applicant must ensure that all supporting evidence is sent with the Application Form, and any failure to do so may result in delays in dealing with the application, or in cases of refusal to provide such evidence, the Qualifications Committee reserves the right to reject such applications. In every case, the Qualifications Committee has the power to request further information or documentation be supplied in support of an application, but applicants should note that it is the primary responsibility of the applicant to provide all relevant information and supporting evidence rather than the task of the Qualifications Committee to ask for it.
2.8 However, applicants should exercise judgement when selecting supporting evidence and ensure that only documentation that is relevant to the criteria set out in this document is supplied. In particular, it is usually not appropriate to supply examples of work. Any applicant who does supply such examples must ensure that documents that refer to third parties (e.g. clients) are suitably redacted so as to ensure anonymity. Any application that is supported by unredacted material will be returned to the applicant.
2.9 The Qualifications Committee will take into account all the circumstances of the particular application and will apply the guidelines set out in these Notes and the general outcome of the BTR set out at oQ1. The Pupillage Panel may make a decision on any application or may refer any particular application or part thereof to the full Qualifications Committee for consideration and decision.
2.10 All applications will be acknowledged in writing within 10 days of receipt.
2.11 The Qualifications Committee Panels normally deals with all applications within 8 weeks of receipt and notifies applicants of its decision within 10 days of a decision. Should it not be possible to deal with an application within this timescale, the applicant will be notified.
2.12 The Qualifications Committee will treat all applications and any supporting documentation provided in the strictest confidence.
2.13 All enquiries about applications whether proposed or pending should be addressed to the secretary to the Pupillage Panel (details below).
Reviews and Appeals
2.14 Any applicant who is dissatisfied with a decision of the Pupillage Panel may request a review of the decision by the full Qualifications Committee.
2.15 Any request for a review must be made on the designated application form and accompanied by the relevant application fee within one month of notification of the relevant decision. All requests will be acknowledged in writing within 7 days of receipt.
2.16 All reviews are dealt with on paper only.
2.17 The Qualifications Committee deals with reviews of decisions of the Pupillage Panel as if the application was being dealt with afresh by the Qualifications Committee, applying the guidelines set out in these Notes. The Qualifications Committee shall be entitled to have such regard to the Pupillage Panel’s decision, and to uphold, vary or take into account such decision, as in its absolute discretion it feels appropriate.
2.18 The Qualifications Committee normally deals with all review requests within 10 weeks of receipt and notifies applicants of its determination within 10 days of a decision. Should it not be possible to deal with a review within this timescale, the applicant will be notified.
2.19 All enquiries about reviews whether proposed or pending should be addressed to the secretary to the Qualifications Committee (see below).
2.20 Where the full Qualifications Committee has determined a review of a decision of the Pupillage Panel, there is no procedure under the BTR for an appeal to the Qualifications Committee or the Bar Standards Board from such determination. However, the Qualifications Committee may review its own decisions under section B10 of the BTR but is not obliged to carry out such a further review. Any person dissatisfied with a determination of the full Qualifications Committee is advised to take independent legal or other appropriate advice.
2.21 Rule rQ123 provides that where the BTR provide for a review by the BSB of a decision, no appeal may be made to the Visitors to the Inns of Court unless such a review has taken place.
2.22 Rule rQ124 provides that subject to Rule rQ123, a person or organisation who is adversely affected by a decision of the BSB may appeal to the Visitors of the Inns of Court in accordance with the Hearings before the Visitors Rules.
2.23 From 7 January 2014 the jurisdiction of the Visitors to the Inns of Court will be replaced by the High Court.
Online Resources
www.barstandardsboard.org.uk
Contact details
Bar Standards Board
289-293 High Holborn London WC1V 7HZ
DX: 240 LDE
Tel: 020 7611 1444
Fax: 020 7831 9217
Chair: Rob Behrens
Secretary to the Qualifications Committee: Joanne Dixon
Secretary to the Pupillage Panel: Pauline Smith
Please note that the Chair is unable to enter into correspondence with any applicant and so all correspondence and enquiries should be addressed to the Secretary to the Qualifications Committee or the Secretary to the Pupillage Panel (as the case may be).
amended 6 January 2014 1
B. Criteria for applications
Approval for External TrainingIntroduction
1.1 Rule rQ37 provides that except as provided in Rule rQ60, any period of pupillage must be undertaken (a) in an approved training organisation; and (b) with a barrister who is a registered pupil supervisor.
1.2 Rule rQ60 provides that with the written permission of the Qualifications Committee, part or all of the practising period of pupillage may be satisfied by training (1) with a solicitor, judge or other suitably qualified lawyer who is not a registered pupil supervisor; and/or (2) in an organisation which is not an approved training organisation but which, in the opinion of the Qualifications Committee, provides suitable training and experience.
1.3 Applications will not be considered until the following have been received:
(i) The completed application form accompanied by any supporting documentation. Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made.
(ii) Payment of the requisite fee, currently £55.
Rules
1.4 The relevant rules governing applications to the Qualifications Committee for Approval for External Training are contained in sections B1, B5 and B7.
General Guidelines
1.5 Applications for approval of a form of external training may be made before, during or after the non-practising period of pupillage.
1.6 Rules rQ62-64 provide that before commencing any periods of pupillage (including any period of external training) a person must apply to the BSB for registration of the pupillage; that the pupillage will be registered if the BSB is satisfied that the application has been duly completed and that the pupillage complies with the BTR; and that if an application for registration of a pupillage is made after the pupillage has commenced, the pupillage will be treated as having commenced on the date of receipt of the application, unless the BSB permits otherwise.
1.7 Thus any applicant requiring permission to commence a period of external training must seek and obtain prior approval from the Qualifications Committee for that period of external training so that the period can be registered before it begins. See section 3 below, which deals with retrospective registration.
1.8 Rules rQ79-81 give the Qualifications Committee power either unconditionally or subject to conditions to grant exemptions from part or all of any stage of training.
1.9 Where the form of external training has already commenced prior to an application being made, and the applicant is requesting the Qualifications Committee to permit the pupillage as having commenced on a date other than that on which the application is received, the applicant must explain why prior approval was not sought. The Qualifications Committee will permit such applications where there are good reasons for doing so.
1.10 Good reasons in relation to such a request include illness or other reasons which prevented the applicant from making an application in accordance with Rule rQ62. In such a case an applicant must ensure that all supporting evidence (for example, medical evidence) is sent with the Application Form, and any failure to do so may result in delays in dealing with the application, or in cases of refusal to provide such evidence, the Qualifications Committee has the right to reject such application. The Qualifications Committee will treat all applications and any supporting documentation provided in the strictest confidence.
1.11 External training only counts towards the practising period of pupillage and not towards the non-practising period of pupillage.
1.12 Where an application is for external training under both rQ60 (1) and (2), for example, in an organisation which is not an approved training organisation with a solicitor who is not a registered pupil supervisor, the Qualifications Committee will usually need to be satisfied both (i) that the relevant supervisor is a person whose qualifications and experience are comparable to those which in the case of a barrister would render that person eligible to act as a pupil supervisor; and (ii) that the organisation is equivalent to that which might be approved as an approved training organisation. Both (i) and (ii) must be dealt with in any such application.
Rule rQ60(1): Training with a solicitor, judge or other suitably qualified lawyer
Guidelines
1.13 Approval will usually be given if the solicitor is of equivalent qualification, experience, and has a similar place of practice as a pupil supervisor, i.e.,
§ The solicitor has practised as a solicitor or barrister for at least 6 of last 8 years
§ The solicitor’s practice is that person’s primary occupation