The proposed aptitude test for the Bar Professional Training Course (BPTC) will cut the failure rate on the course and not adversely affect diversity, according to research by the Bar Standards Board (BSB).
The consultation follows two pilots of the aptitude test, which were carried out between September 2009 and July 2011. The results have revealed that it will lower the proportion of students on the course with a propensity to fail and ensure students with a low aptitude do not slow classes down.
Moreover it found that the radical test will not cause discrimination, which was initially feared following a report by Dr Chris Dewberry of Birkbeck College. The Dewberry report claimed a reduction in diversity would occur due to students from privileged backgrounds often performing better than others on aptitude tests (22 June 2011).
In order to prevent this, all prospective BPTC students must undertake the chosen test, and the provider Pearson Vue has put systems in place to cater for students requiring adjustments.
It has also recommended a pass rate threshold to minimise the impact on different ethnic groups and improve failure rates on the course.
The consultation also confirmed that the chosen test will require students to pass analytical and critical reasoning and fluency in English language, and the candidate must meet the cost of £67. It will also have an unlimited number of resits to reduce the chance of capable students failing to score the requisite pass threshold.
The BSB is now inviting responses to the consultation report, with a deadline of February 2012.
Readers' comments (4)
Jane Henthorn | 21-Dec-2011 10:33 pm
"Pearson Vue has put systems in place to cater for students requiring adjustments.
It has also recommended a pass rate threshold to minimise the impact on different ethnic groups and improve failure rates on the course."
Oh... so why not just come out and say it... a handicap system or 'affirmative action' eh? What they gonna do? give points based on skin colour? 'Adjustments'... yeah, riiight... it'll be poor white males that lose out, always poor white males.
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Anon | 22-Dec-2011 10:53 pm
Unlimited resits? I thoroughly disagree with that - if you have been shown more than a handful of times you clearly don't have the aptitude for a life at the Bar you should not be able to get through on a combination of trial-and-error in the answers and Daddy's unlimited funding pot. By permitting unlimited resits they have undermined the apparent goal of increasing the skill of the Bar and reducing pupillage competition by only allowing the best candidates in by allowing rich hopefuls to essentially carry on regardless. Don't get me wrong, the ability to do a resit is vital - after all if your mind goes blank, or on post-exam reflection you realise a major "clanger" or you have valid extenuating circ's then you thoroughly deserve another shot. Just not infinite levels.
I also wonder why ethnic groups are cited as the reason for a pass threshold - only the backwards and racists (same difference) believe skin colour dictates intelligence ranges. There is definitly a public perception of the Bar (and as with all legal jobs I optomistically see this as unjustified) being mildly racist and frankly this adds fuel to the fire.
Both issues can also relate to what Jane Henthorn has posted - that if people start being passed on skin colour then many well-talented people who happen to be white and male will be replaced by a less apt candidate who has a different level of melanin. These frankly stupid and counter-productive rules should not be put in place; personally I would rather keep the Bar we have now than end up with a politically-correct advert of mediocre talent. The Bar is meant to be for the very best of the best advocates and entry should only ever be on merit - nothing else is or ever should be relevent.
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Anonymous | 3-Jan-2012 5:12 pm
I don't think it's a case of people being passed on skin colour but rather that typically those who come from ethnic backgrounds are more often than not coming from state schools, some of which are not that great. The confidence that is instilled in you in private school is not necessarily that of which you'd get in a state school. And I would have thought that this measure would impliedly help white males, particularly those who share the same educational background.
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Beth | 4-Jan-2012 10:51 am
My experience of the BVC/BPTC was that a lot of the black and ethnic minority students were not British-educated. Many of them struggled to have the linguistic fluency in English that a barrister needs. The tutors repeatedly gave them feedback about this but there was no support offered within the course other than being given comments like "you really need to work on your grammar" and a couple of grammar books in the law school library.
I suspect many of these students will struggle at interview for pupillage, not because they are ethnic minorities, but because they are not native speakers of English.
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