Pupillage handbook bsb

Under C They must also have an anti-harassment policy which gives pupils the right to complain if harassment occurs. There are also additional monitoring obligations for chambers that arise under the new rules. Providers Information for providers View pupillages Sign up. Welcome The Pupillage Gateway is a flexible and cost-effective way for Authorised Education and Training Organisations AETOs to advertise pupillages and manage applications — making it easy for you to run a modern, online, recruitment process without a huge investment in your own system.

Monday 18 October Thursday 25 November Wednesday 5 January , am. Wednesday 9 February , pm. Tuesday 15 February , am.

Friday 6 May , am. Friday 13 May , am. The template can be edited and tailored to individual candidates The capability to view aggregated equal opportunities monitoring data online and offline. The data can be broken down according to the stage that each candidate has reached The system and software have been verified as compliant with the GDPR and the Data Protection Bill The Gateway terms have been updated to reflect this fact.

Subscribing to the Pupillage Gateway has never been easier. Just follow this two-step process: Step 1: Please contact the Services Team on to make payment over the phone by credit or debit card or to receive an invoice. What is expected of you when providing Pupillage? Details of training available can be found on the Bar Council website. Waivers from the timetable or from specific stages of the timetable will only be considered in exceptional circumstances.

Any waivers granted will be listed on our website for transparency so that candidates are aware of all opportunities. A number of the criteria for authorisation as an AETO relate to the approach to recruitment and the information that is provided to potential applicants.

Commitment to equality and diversity at organisational level, including a specific strategic commitment to:. Timely provision of clear, accessible information for pupils and students indicating what Professional Statement Competences they will have achieved during and on completion of their training, enabling them to navigate their own route to qualification, and the next steps available to them.

The communication of clear, accessible and meaningful information and data as to the affordability of pupillage or work-based learning, the likelihood of being retained post-qualification, and earnings potential. We expect AETOs, as a minimum, to demonstrate that they have carefully considered how they could contribute to the following:. Indicator Engagement with the wider community to encourage those who are currently under-represented at the Bar to consider it as a career.

However, research shows that access to pupillage is one of the biggest barriers to diversity at the Bar. Therefore, if your AETO does not currently engage with the wider community in support of the principle of Accessibility, we expect you to give serious consideration to what you might be able to do. The Bar Council has produced a guide on Corporate Social Responsibility which may help you to think about what your barristers and staff may already be doing, and what more you could do:.

AETOs must not unlawfully discriminate against any applicants. Advertising, selection for interviews, the interviews themselves, the selection for pupillage, the offers made, and written agreements given to pupils are all covered by this Act. Some examples are provided below which may help to reduce unconscious bias, level the playing field for those who do not have connections inside the profession and increase opportunities for social mobility for those who have the potential to succeed.

Our Supervision team visited a chambers that provides individual feedback to unsuccessful candidates, when requested. One such candidate acted on the feedback he was given and was recruited the following year. For pupillage, AETOs must exercise appropriate due diligence in relation to the following:. This section sets out the requirement to have a written agreement in place upon commencement of pupillage.

In addition, certain information must be provided when an offer of pupillage is made. Written agreements must be signed by the AETO and pupil upon commencement of pupillage.

This is a condition of AETO authorisation. Upon acceptance of the offer, this must be signed by the AETO and prospective pupil. These requirements are conditions of AETO authorisation. Full details of what offers are required to state can be found below.

The intended means of entering into an agreement must be made clear at the stage of applying to become an AETO and approved by us as part of the authorisation process. As a condition of AETO authorisation, any change in the intended means of entering into an agreement must be notified to and approved by us in advance. The outcomes are split into three sections: the duties of the AETO, the duties of the pupil, and details of the pupillage there is also an appendix which details the written policies which AETOs must provide pupils with copies of or otherwise make available.

It will be for the AETO to draft the specific wording of terms, provided the following outcomes are met. The written policies which AETOs must provide pupils with copies of or otherwise make available are as follows:. The responsibility to fund pupils lies with the AETO. The purpose of these rules is to ensure that pupils receive a regular, minimum income throughout pupillage and it supports equality of opportunity.

The annual increase applies from January each year to all pupils, regardless of when they started pupillage. Monthly payments to pupils must be adjusted accordingly. Where the AETO has more than one office, AETOs should set out in writing to any pupil being offered pupillage, at the time an offer is made, where the pupillage is based and whether or not the London rate applies.

The purpose of these rules is to ensure that pupils receive a regular, minimum income throughout pupillage. The BSB Handbook sets out the specific requirements:. Rule C The members of a set of chambers or the BSB entity must pay to each non-practising pupil as appropriate , by the end of each month of the non-practising period of their pupillage no less than:.

Rule C The members of a set of chambers, or the BSB entity, must pay to each practising pupil by the end of each month of the practising period of their pupillage no less than:.

Rule C The members of a set of chambers, or the BSB entity, may not seek or accept repayment from a chambers pupil or an entity pupil of any of the sums required to be paid under Rules C and C above, whether before or after they cease to be a chambers pupil or an entity pupil, save in the case of misconduct on their part.

Rule C If you are a self-employed barrister, you must pay any chambers pupil for any work done for you which because of its value to you warrants payment, unless the pupil is receiving an award or remuneration which is paid on terms that it is in lieu of payment for any individual item of work. In other words, they should not recoup more than they have paid to top up to the minimum funding level.

AETOs are not required to pay expenses for pupils for travel for the purposes of practice as a barrister, ie for work for which they will receive fees. AETOs can do this by providing the prospective pupil with a copy of their pupillage policy. This is an area where lack of clarity leads to complaints by pupils to us. AETOs will have to apply for waivers in individual cases.

Each case will be considered individually on its own merits. The AETO must apply for a waiver from the pupillage funding requirements if it does not, or cannot, fund a particular pupil.

This section includes information on requirements relating to record keeping during pupillage. As a condition of authorisation, AETOs must maintain the following data and records for at least 5 years and may be required to provide them to the BSB for supervision purposes or research:. AETOs may be asked to provide practical examples to illustrate how their policies and strategies have been implemented and the impact they have had.

This section is of special interest to pupils, who are responsible for registering their pupillage with us on the relevant forms. You must register your pupillage with us on the appropriate registration form before pupillage commences. We will only approve an application for retrospective registration of pupillage where there are good reasons for failure to register on time.

Otherwise, periods of pupillage undertaken prior to registration will not be recognised. Registration forms should be submitted at least two weeks prior to commencement of pupillage, if possible. You must provide the name of your designated pupil supervisor s and the commencement date of your pupillage; it is therefore advisable that such arrangements are made in advance. Registration will be confirmed by us, via email. The periods of time involved must be noted. For a pupillage in employment, it should be signed by a person authorised by the employer.

However, it is the duty of the supervisor to ensure that we are contacted for advice when a material change occurs so that special provision can be made where necessary. Pupils must understand their responsibilities to be insured, comply with the Data Protection Act and manage their personal tax obligations. Competence 4. This includes complying with relevant data protection requirements. All self-employed barristers, including practising pupils, and chambers are required to comply with the GDPR and the Act if they process personal data.

This section is relevant to anyone who wishes to report a concern about the conduct of a pupil, and to pupils who are facing an allegation against them. We regulate barristers and BSB entities operating in England and Wales and are responsible for making sure that the high standards of the profession are maintained. An individual Inn would have a role in pronouncing any findings of a Disciplinary Tribunal. This section is of particular importance to pupils to help ensure that they do not breach the BSB Handbook or break the law.

It summarises the responsibilities of pupils during the various stages of pupillage, and after completion of pupillage, that are explained elsewhere in this Bar Qualification Manual. This section includes information on the role of the Circuits and the Specialist Bar Associations SBAs in the work-based learning component of Bar training pupillage. Many SBAs provide guidance on training for pupils who are doing their training in specific areas of law.

For example, specialist checklists might be used to support pupils to develop competences in the Professional Statement , such as 1. This section includes information on the assessment of pupils throughout the work-based learning component pupillage , secondments, and the compulsory courses to be completed during pupillage.

This section should be understood by AETOs, pupil supervisors and pupils. It covers the competences and standards that the BSB requires pupils to achieve and how they are assessed. The components of Bar training are designed to ensure that prospective barristers meet the threshold standards in the Professional Statement. It helps prospective barristers to understand the standards they need to meet, and it helps AETOs to understand what the outcomes of Bar training must be.

This is a change to the previous requirement to complete the pupillage checklists. We do not prescribe templates for training records. The pilot group included 8 chambers and 4 organisations from the employed Bar not otherwise regulated by us.

They provided a good cross-section of the Bar in terms of size, location and practice area. However, they felt that guidance in the following areas would assist others. The feedback from the participants has helped to inform the guidance below for AETOs, pupil supervisors and pupils. However, they found that they were more robust in documenting the training programme and providing transparency about how each competency is covered in the training programme, and how it is assessed.

This could be achieved by:. Your pupil supervisor should discuss the training plan with you as early as possible and agree how they are going to measure whether the competences are being met and what methods will be used to assess them, so that you are clear what is expected of you and how your supervisor is expecting you to demonstrate the competences. An AETO requires its pupil supervisors to hold formal appraisal meetings with their pupils every three months.

The formal process reflects the discussions that are held, and the feedback given, on an ongoing basis during the quarter. The record is reviewed by the Head of Pupillage, who is also available to meet pupils in the event of problems. Some pupils felt that they were spending too much time cross-referencing each case to the competences in the Professional Statement and wanted clearer guidance about the level of detail that their supervisors needed.

On discussion, it was felt that an appropriate balance needed to be struck to enable pupils to self-reflect on their progress effectively. An AETO devised a pro-forma pupillage diary that includes a column for self-reflection on the learning from the case and the key competences that were engaged.

This was helpful in reflecting on the first year of implementation, what worked well and what lessons were learnt. This particularly applies to the following circumstances:. Good quality record keeping will ensure that supervisors take a consistent approach to monitoring progress in meeting the required competences.

Structured feedback in relation to competences in the Professional Statement perhaps focussing on those identified for development provides a consistent and transparent framework for feedback. However, opinions amongst the pilot group varied about their continuing value. This enables you to understand your progress and what difficulties, if any, you face in successfully completing pupillage and tenancy selection.

The form that this takes is a matter for the AETO and pupil supervisors to define. All AETOs must provide evidence of a variety of fair and objective evaluation, assessment and appraisal methods that support the development and demonstration of the Professional Statement Competences and are appropriately timed.

AETOs should consider how they ensure that their pupil supervisors are equipped to do this, and pupil supervisors should reflect on this when planning their CPD for the year.

They give you the opportunity to address areas for development during the remaining period of your pupillage. Your pupil supervisor should ensure that they have regular meetings with you throughout the year to discuss progress and follow up any action that is agreed. Appropriate documentation and forms should be developed by the AETO. To enable the appraisal to be productive, both you and your supervisor should take time to reflect before the appraisal takes place.

You may be encouraged to do this by completing an appraisal preparation form. AETOs should establish appropriate mechanisms to do so, with transparent assessment criteria that are based on the competences in the Professional Statement. Again, these should reflect the competences in the Professional Statement. This should not come as a surprise to you. A transparent, effective and documented appraisal process should identify problems at an early stage, and you should be clear what action is required to address them.

The Head of Pupillage, or equivalent, should be kept informed. Core Duty 3 requires that you including pupils must behave with honesty and integrity. Rule C8 says that you must not do anything which could reasonably be seen by the public to undermine your honesty, integrity and independence. Rule C Rule C66 says that other barristers, if they have reasonable grounds to believe that there has been serous misconduct by a barrister, must report it to the BSB.

If the funding for the remainder of the pupillage is not to be provided by the new AETO, the new AETO will also need to apply for a waiver of the pupillage funding requirements. The pupil supervisor at the new AETO will need to be able to access these records in order to ascertain what skills and experience you have gained so far, allowing them to plan the remainder of your pupillage accordingly.

This section should be understood by AETOs who intend to second their pupils to another organisation for part of their pupillage. AETOs must ensure that appropriate governance arrangements are in place and that we have been informed. Secondments may be arranged to help you meet specific competences for which your AETO cannot provide the necessary experience or to give a broad range of experience that may assist the development of your chosen field of practice.

Recurring arrangements should be approved through the AETO authorisation process. One-off secondments should be reported to the Authorisations Team by emailing authorisations barstandardsboard. AETOs should consider and document respective responsibilities in an agreement with the host organisation.

Considerations include:. The existence of such secondments, appropriately arranged, will not be viewed by us as a breach of any BSB Handbook requirements. However, you should ensure that you comply with Handbook rules in the normal way in relation to each client. If we were to receive a report that a secondment constitutes a breach of Core Duty 5 , we would not consider the existence of a secondment alone to be a breach of the core duty.

During pupillage, all pupils must attend certain compulsory courses and pass certain assessments to build on training received during the vocational component and to supplement work-based learning in an AETO during pupillage, so that pupils can meet the Competences in the Professional Statement Professional Statement. Since 1 September , it has been a requirement that any AETO delivering pupillage or work-based learning must adhere to the Curriculum and Assessment Strategy , and ensure pupils cover the relevant competences as outlined in the mapping document.

Since 1 September , it has been a requirement that any new vocational courses delivered by AETOs from must adhere to the Curriculum and Assessment Strategy. The non-practising period of pupillage cannot be signed off until this course has been satisfactorily completed. Course and assessment provided in accordance with the Curriculum and Assessment Strategy.

An open book examination during pupillage centrally set and marked by us in accordance with the Curriculum and Assessment Strategy. We do not prescribe a course, but it will be open to anyone who wishes to provide one. Those who commenced training for the Bar from must take the exam if, after their vocational training, they then go on to pupillage. The non-practising period of pupillage cannot be signed off until this course and assessment has been satisfactorily completed.

This is likely to come into effect for pupils starting on or after 1 September The Advocacy Course provides training on core aspects of advocacy, including case preparation, witness handling, speeches and pleas in mitigation in accordance with the Curriculum and Assessment Strategy.

Pupils in London or on the South Eastern Circuit are required to attend the course run by their Inn and pupils on Circuit are required to attend the course run by that Circuit. This course, together with the advocacy training and practice that occurs during pupillage, is designed to enable pupils to meet competence 1.

If the course is not satisfactorily completed, the non-practising period of pupillage can be extended. Pupils must be given adequate time to prepare for compulsory advocacy training.

Concerns have been raised in the past by The ICCA about the preparation time made available for pupils. It is recommended that pupils are given at least a day for preparation. It will not be a mandatory requirement to attend a course in order to prepare for the exam but it will be open to anyone to provide a course.

This course and assessment, together with the negotiation training and practice that occurs during pupillage, will be designed to enable pupils to meet competence 1.

This must be set out in a written agreement at the commencement of pupillage see Part 4D of this Bar Qualification Manual. The provision of supplementary in-house training is not required by us.

It is for the AETO to decide how to enable pupils to meet and demonstrate the competences in the Professional Statement to the threshold standard. Some AETOs fund their pupils to attend public access training so that they can apply for accreditation for public access work promptly upon full qualification.

The non-practising period of pupillage. This section explains the important distinction between unregistered barristers and practising barristers. The Qualification Rules allow you to be Called to the Bar after completing the vocational component of training, without having commenced pupillage. As an unregistered barrister, you can provide any legal services that are not reserved legal activities. However, there are some important rules in the BSB Handbook which you need to follow in doing so.

Rule s6 in the BSB Handbook determines that you must not carry on any reserved legal activity unless you are entitled to do so under the Legal Services Act. Under the Legal Services Act certain legal services are reserved to those who are authorised to provide them. For barristers, only those who have practising certificates are authorised persons.

A person who intends to practise as a barrister is required to train as a pupil for a period of not less than twelve months and complete such further training as may be required by the BSB. Rule s8 provides that if you are an individual and do not have a practising certificate, you may not practise as a barrister and you are not authorised by the BSB to carry on any reserved legal activity.

It is a criminal offence to carry out a reserved legal activity without being authorised to do so. Rule s9 defines practising as a barrister as including holding yourself out as a barrister while providing legal services.

To become qualified to take up a practising certificate, and so become a practising barrister, you must complete or be exempted from pupillage and satisfy such further requirements as are set out in the BSB Handbook. This section should be understood by both pupils and pupil supervisors.

It is crucial for both to understand:. Therefore, you may not accept client instructions or supply legal services as a practising barrister.

However, you may, in addition to your normal training, draft a noting brief, provided that you have the permission of your pupil supervisor or in their absence the Head of Chambers or equivalent, in line with Rule C of the BSB Handbook. As a pupil undertaking a noting brief, you may describe yourself as a pupil barrister in this instance.

You may provide pro bono advice or undertake voluntary work for organisations such as Justice , Liberty , the Free Representation Unit , Citizens Advice or in Law Centres.

However, in this instance, you should not describe yourself as a barrister or a pupil barrister and should follow the rules and guidance for unregistered barristers, as set out above. Such experience may usefully form part of your training programme, enabling you to meet the competences in the Professional Statement that may otherwise be difficult to achieve in your AETO.

It is also a criminal offence to undertake any reserved legal activities when not authorised to do so in accordance with the Legal Services Act For these reasons, practising pupils are issued with Provisional Practising Certificates.

Your pupil supervisor must not confirm that requirements have been met if you have not reached the required standards. In order to reduce the delay, you are urged to submit the form to us, signed by your pupil supervisor, as soon as possible on successful completion of your non-practising period.

The form will still need to indicate the full dates of the non-practising period. If these courses have not been completed during this period, the non-practising period of pupillage will need to be extended accordingly. This allows you to practise in the practising period of pupillage.

Rule S41 You may supply legal services at a Legal Advice Centre on a voluntary or part time basis and, if you do so, you will be treated for the purposes of this Handbook as if you were employed by the Legal Advice Centre. All barristers, including pupil barristers, must declare that they have the specialist skills, knowledge and attributes necessary to work effectively with young people, as set out in the Youth proceedings competences and guidance.

You can also register later in pupillage if your circumstances change and you undertake Youth Court work when you did not expect to. To do so, you can email authorisations barstandardsboard.

This Review found that standards of advocacy in the Youth Court were variable and as a result the interests of some of the most vulnerable people within the criminal justice system were not being adequately represented. This does not mean that you are competent to undertake any case in the Youth Court, simply that you meet the competences as they apply to the cases in which you are likely to be instructed.

If these courses and assessments have not been completed during this period, the practising period of pupillage will need to be extended accordingly.

You may apply for a full Practising Certificate in order to continue practising. If you are commencing practice after pupillage, you will need to make an application for a Practising Certificate through MyBar.

If you have not yet set up your MyBar account, you will need to complete the First Time Login process. Please see the First Time Login Guide for details. This section includes information on exemptions and waivers that may be granted from part or all of the work-based learning component of Bar training pupillage. Application for a reduction in the total duration of pupillage based on experience gained outside the usual pupillage structure.

Application Form. Application Guidelines. Application for a reduction in the total duration of pupillage by an individual who has both been Called to the Bar and enrolled as a solicitor. Application for dispensation from the normal pupillage requirements including acceptance of breaks in pupillage and commencement more than five years after completion of the vocational component of Bar training.

Application for permission to have a relevant period of pupillage treated as having commenced on a date other than the date of receipt of the registration form. We will have regard to the competences in the Professional Statement and when they are assessed, as set out in the Curriculum and Assessment Strategy. This section includes information on support and advice for pupils who are facing difficulties including bullying and harassment and examples of good practice for AETOs to implement.

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Subscribe Advertise. Categories: News. Whilst ninety-five observations and recommendations were identified by the Review, below is a summary of the major points: Regulations and guidance Regulations and guidance concerning pupillage have been clarified in a new Handbook.

Recruitment In order to ensure fairness to all candidates, selection panels must contain at least one member who has received formal equality and diversity training. Pupillages must continue to be advertised but participation in the Pupillage Portal will remain voluntary. Equality and diversity The facility for part-time pupillages should be noted. Work must not be considered satisfactory unless it achieves that standard. Pupils must finally be signed off by all those involved in supervision.

The four core skills conduct; advocacy; conferences and negotiations; and legal research and drafting will continue to be the focus of training.