Confirmed Bar Professional Training Course City Law School Report of Visit held on 27 January 2011 Name of Institution Date of Visit/Meeting City Law School 27 January 2011 Title of Course/award Previous course Bar Professional Training Course Bar Vocational Course Approved and actual numbers (2010-11) Term dates 420 FT places (350 at time of visit) 60 PT places (27 at time of visit) September 2010 – July 2011 Monitoring Panel Members Role and area of primary responsibility Ms Emily Windsor Mr David Fleming Mr Benjamin Wood Dr Victoria Stec Isobel Mostyn Vice-Chair of BPTC Sub-Committee, Barrister (Chair) Member of Education and Training Committee, Senior Legal Academic Barrister Education Manager, BSB Administrative Assistant, BSB (Observer) HEI Team attending the event Role and area of primary responsibility Mr Stuart Sime Professor Susan Nash Professor Adrian Keane Mr Marcus Soanes Ms Lisa Laurenti Ms Susan Blake Mr Lawrence Pickett Ms Julie Browne Ms Romilly Edge Ms Ronnie Lachkovic Mr Keith Simpson Mr Sarwan Singh Ms Nikki Walsh Mr Andrew Worthley FT Course Director Dean Director of Professional Programmes PT Course Director Deputy Course Director (Staffing) Associate Dean Teaching and Learning Director of Assessments Deputy Course Director (Students) Director of Equality and Diversity Pro Bono Director City Law School, 27 January 2011 1 Confirmed Rationale for the visit This visit was held as part of the BSB’s annual programme of visits to BPTC Providers to monitor the quality and standards of the course and to determine whether the course is being delivered in accordance with the Course Specification Requirements and Guidance (“the Blue Book”). The panel was provided in advance with key documentation including the law school’s most recent Annual Monitoring Report, copies of the last two years’ External Examiner and BSB visit reports, and other information. During the visit the panel had an opportunity to tour the premises and to meet with management, teaching and learning resources staff, and with students. The panel also observed a number of classes. All of the above informed the panel’s conclusions contained in this report. Context: The HEI/Provider City University London was established in 1894 as the Northampton Institute and obtained University status in 1966. City Law School (formerly the Inns of Court School of Law) delivered the Bar Vocational Course from 1989 to 2009, with the course forming part of a suite of related law programmes; the BVC was replaced from 2010 with the Bar Professional Training Course. 1. Adherence to course aims, philosophy and standards Adherence to the aims, philosophy and standards of the Bar Professional Training Course seemed sound. Comments regarding specific areas for improvement are detailed in the recommendations below. 2. Quality management systems The School’s quality management systems seemed sound and the annual monitoring documentation was comprehensive and helpful to the panel. Ensuring attendance of sufficient External Examiners at final Boards is a perennial problem: the School does what it can to facilitate this by publicising dates at the start of the academic year and sending the agenda 3-4 weeks in advance, but attendance is still not as full as would ideally be desirable given the valuable contribution that examiners make to the Board’s business. The BSB noted that this issue is not unique to City and it will attempt to address the problem through enhancing the message given at examiner briefings regarding attendance expectations. The panel was concerned to learn that the system of student staff liaison meetings was not considered by students to be an effective forum through which their views might effect change (see section 8 below). The panel therefore recommended that efforts be made to ensure that the staff-student liaison meetings are used as a vehicle for positive change rather than a process of explaining and justifying current practice, so that engagement with student feedback on the course is improved overall. 3. Staffing and staff development Peer observation is important to staff development at the School. Observations take place twice a year and feed through to appraisal and then to promotion. Student feedback is also taken into consideration during staff appraisals. Teaching staff indicated that the ongoing system of peer review was conducted in a collegial and positive fashion and was a useful process. Efforts of all staff to keep in touch with practice at an appropriate level are ongoing, with 5 days’ minimum staff development being required of all, and a new requirement for all staff to spend some time in chambers each City Law School, 27 January 2011 2 Confirmed year. Staff noted that returning to practice can be difficult if the only time available for this is during the summer. During the current academic year the focus for staff has necessarily been more on being up to date with the new BPTC course and ensuring full familiarity with the new materials. REDOC in particular, as a new area on the course, would need some intensive staff training. The panel recommended that those teaching in skills subjects, particularly REDOC, should obtain experience alongside barrister practitioners, for example attendance at a mediation/arbitration alongside one of the parties. New staff had no personal tutees so had ample time to prepare and to hold office hours. Other staff did feel that the pressure of work in the past year had been intense and that it was particularly regrettable from the point of view of both staff and students, that the reading week had been discontinued under the new course structure. The panel recommended that management review the workload of staff and students in the first term, and give serious consideration to the reintroduction of a reading week to allow for some consolidation. 4. Curriculum content and structure The panel learned that the introduction of the new BPTC had been taken as an opportunity for a radical rewriting of the course to enable students to see how a case develops through the use of different skills across a number of weeks: for example, the same case may be followed through for 8 classes in Criminal or Civil Litigation. This enables issues to be explored in much more depth and also enables students to see the impact of decisions made from an early stage. Teaching staff reported that they had found the change to the BPTC a strain, but that they were finding teaching the new course more rewarding. The panel commended the level of commitment shown by the Law School to the ongoing improvement of the course, demonstrated by the extensive rewriting done in advance of the introduction of the BPTC. 5. Admissions and student profile The School pursues a policy of not recruiting to full permitted validated numbers if applicants are not of sufficient calibre. Year on year there has been a concerted effort to change the profile of the cohort by reducing the number of students with 2:2 degrees and staff reported a significant improvement in the quality of applicants. In 2008-09 there were 40% of students with 2:2s; in 2010-11 there are 28%. This is indicative of a desire to address the issue of a ‘weak tail’ previously identified, and which has been a cause of some concern to students. The School attracts a high proportion of City University’s own GDL students and a demonstrable correlation between GDL and bar course results has been noted. Teaching staff indicated that the ‘weak tail’ was indeed significantly smaller in the current year and the School had been much more pro-active in addressing any concerns about students who were struggling: language issues in particular were being identified more quickly and tutors were encouraged to raise any concerns at an early stage. The management team acknowledged that in previous years there had been a significant number of students with English language problems. In the current academic year, for the first time, if any applicant appeared to fulfil the entry criteria but there was any indication of language problems on their application, the applicant would be asked to produce an IELTS (or equivalent) certificate, whether or not English was their first language. This had resulted in far fewer language-related problems in the current cohort. Staff training is provided in how to deal with reluctant participants in class (‘passive attendance’), and when new members of staff are observed, the checklist for the observer includes a question on how well the tutor manages student participation. The students that the panel met were of the opinion that there were some who were still struggling with language issues and that these students could affect the learning experience of others in a small group situation. Whilst destination data is somewhat elusive, a good proportion (around a third) of students generally get pupillage by the end of the course. The School offers mock pupillage interviews and is rated very highly for employability nationally. When asked what makes City Law School distinctive, the management team stressed that their approach was City Law School, 27 January 2011 3 Confirmed to train people for the professional Bar rather than simply to pass the BPTC examinations. Students benefit from a body of experienced staff who have written some of the leading law textbooks. This, combined with good pupillage prospects makes the School an attractive destination. The panel met with a group of students that ranged across graduates of Russell Group and post-1992 universities and also included several international students. Students had chosen City Law School because of its reputation and they had come to the School expecting to work hard and to be stretched. Students stated that they had been clearly advised about the statistical probabilities of obtaining pupillage and that the School had been honest and open about career prospects; the highly competitive nature of entry to the profession was not a deterrent to the students whom the panel met. 6. Teaching and Learning (knowledge and skills areas) Students are provided with Blackstones and the White Book parts 1 & 2 in hard copy. The panel queried whether a practitioner manual might be better than Blackstones, as the latter is rarely used in court; however, management indicated that Blackstones is used because it covers civil evidence well. Teaching staff indicated that students are expected to use the White Book in Civil classes, and are also encouraged to use it in Advocacy, although it is harder to persuade students to do this. The panel recommended that the primary teaching textbook for all sessions/classes should be the White Book. NB this is a reiteration of a point made during the accreditation visit of May 2009 (Condition 4). 7. Standards and assessment strategy and methods (including progression data) The management team expressed concerns that the new BPTC assessment structure would result in a higher failure rate given that not only was the pass mark higher, but both parts of the knowledge papers had to be passed individually so that a student would fail even if the combined mark for Multiple Choice Questions and Short Answer Questions was above the pass threshold if either component mark was a fail. This, together with the fact that there will now only be one resit, allowed will certainly have an impact; however, the panel noted that this needed to be balanced against the question of how many failing students would have realistic prospects of gaining pupillage in any case. The assessment structure for the new BPTC will be kept under close review by the BSB. There was also some concern about the ‘red light rule’ regarding ‘fatal flaws’. There had been instances of students with a profile of Outstanding and Very Competent marks who had been forced to resit because of one ‘red light rule’ error. The BSB observed that this was an issue of concern across Providers and noted it for discussion at future Providers’ meetings/the Bar Course conference. 8. Student support and quality of student experience Teaching takes place across three sites, which does cause some timetabling issues, although the sites are not geographically very distant. There is supposed to be a ten-minute window to allow for movement between classes, but in practice it can be difficult for tutors to finish five minutes before the hour, and there are sometimes back-to-back classes in separate buildings, although this is avoided where possible. Timetabling is done locally rather than through the central University and rooms are under a great deal of pressure, being fully booked between 9 a.m. and 6 p.m. A detailed analysis of timetabling took place the previous year and there was found to be no room for manoeuvre. The students that the panel met commented on movement between classes being a difficult on occasions and also causing issues with application of the attendance rule. The panel welcomed the fact that students needing to take time out for pupillage interviews etc. were accommodated where possible, but recognised that this could also cause additional strain on physical resources. The students that the panel met found the course hard work, which they expected, but very practical, which they found enjoyable. However, they felt that whilst the formal feedback was excellent, the feedback in class City Law School, 27 January 2011 4 Confirmed needed to be more focussed for them to understand where they needed to improve. This was a particular issue in drafting where students felt that it was not really clear what constituted an Outstanding, and what was Very Competent as only one piece of drafting/one opinion was marked in full prior to formal assessments. Students were concerned that where feedback was patchy it was symptomatic of tutors being over-burdened. The panel was concerned that if this were indeed the case, it might lead to borderline students receiving more feedback than others which would raise issues of parity. There was also some concern that advocacy tutors each had their own style and that the advice of different tutors might be conflicting. Students would like to have more skills classes as although the advocacy groups are small (6), there is nevertheless little time for the ideal level of individual attention. When asked whether student concerns about individual feedback were justified, teaching staff said that this issue was raised every year and is thought in part be due to the change in culture from undergraduate to postgraduate study, where students were expected to be more self-reliant. Staff indicated that they could not realistically mark more work than was already the case, and that levels of feedback were appropriate. The panel, however, felt that further consideration should be given to student concerns in this respect and recommended that thought be given to devising a more comprehensive of regime of detailed written feedback on written work, specifically on opinions and drafting exercises, and that this is not just targeted at borderline students. Around eight of the students whom the panel met had been involved in mooting and slightly fewer had so far been involved in pro bono work. Not all had yet done a mini-pupillage. Students spoke very positively about the CV clinic and the mock pupillage interviews, and had found the pupillage advisory service to be extremely beneficial. A recent careers initiative had been to hold two evenings to which a range of past and recently successful students had been invited. Of the three-hour session, half had been informative and half had been an opportunity for socialising and networking. It was noted that careers support is extended for three years after students finish. On balance, the students stated that the most positive aspects of the School were the engaging and approachable tutors; high quality teaching; the international and diverse student body; the opportunities for pro bono work and the pupillage advisory service. The negative aspects were the issues indicated above in relation to timetabling and to the limited availability of individual feedback, and the fact that there was no time for consolidation work without a reading week; there was also some serious concern that the forum for raising problems through the student staff liaison group was not effective, and students were not confident that points raised in that forum were addressed effectively. 9. Learning resources (Library and IT) The library is located over three floors at Grays Inn Place, with the top floor being designated a silent area without keyboards. The panel found the facilities to be suitable except that levels of lighting seemed to be inadequate in both the library and common areas and it was therefore recommended that this should be reviewed, along with the social and meeting areas for BPTC students which did not seem to be particularly inviting or well liked by the students. The panel had the opportunity to tour all buildings used for teaching. The Princeton building has a number of small rooms in the basement with facilities for video-recording and review and these rooms are used for assessments rather than the mock courtrooms. The panel was very concerned at the cramped nature of the basement facilities and did not consider that these were suitable spaces for the conduct of assessments. The panel therefore strongly recommended that assessments of advocacy and performance skills be carried out in an appropriate environment and that advocacy assessments in particular be carried out in a mock courtroom with courtroom furniture (available elsewhere in the building) and with a Judge. The lecture theatre in the Atkin building seats 147 and there are individual screens at the seats. There are facilities for projecting the work of any individual student onto the main screen, which promotes more interactive lectures even with large groups (which are generally of 120). City Law School, 27 January 2011 5 Confirmed 10. Equality and diversity The School contacts any students with a declared disability at the point of offer, and maintains contact thereafter. Attempts are made to identify any recommendations for adjustments that may be necessary at the earliest possible stage. At examination times invigilators are kept informed of any special examination arrangements. Around 10% of students have learning contracts. Some students had been frustrated at problems in the delivery of the Aptitude Test Pilot. The BSB was aware of the issues that had arisen and the test proper, should it be implemented, would be delivered at Pearson test centres where such problems should not occur. Observations Observation 1 Observation 2 The problem noted of poor attendance by External Examiners at final boards is common to many Providers and the BSB will therefore stress the vital role of examiners at boards during examiner training and briefings. The application of the ‘red light rule’ is clearly a cause for concern common to all Providers and this will therefore be taken as an agenda item at a future Providers’ meeting and possibly at the Bar Course Conference. Good practice, distinguishing features 1. 2. 3. 4. The level of careers support and range of pro bono activities. The students’ positive comments on the quality of the teaching they receive. The students’ commendation of the honest, open and approachable attitude of the teaching staff. The level of commitment shown by the Law School to the ongoing improvement of the course, demonstrated by the extensive rewriting done in advance of the introduction of the BPTC. Conclusions: recommendation on accreditation/approval/continuing approval Continuing approval (with recommendations) For the period: September 2010 to July 2011 Recommendations Recommendation 1 The panel strongly recommends that assessments of advocacy and performance skills be carried out in an appropriate environment and that advocacy assessments in particular be carried out in a mock courtroom with courtroom furniture and with a judge. Recommendation 2 The panel recommends that thought be given to devising a more comprehensive of regime of detailed written feedback on written work, specifically on opinions and drafting exercises, and that this is not just targeted at borderline students. Recommendation 3 The panel recommended that the primary teaching textbook for all sessions/classes should be the White Book in hard copy. NB this is a reiteration of a point made during the accreditation visit of May 2009 (Condition 4) The panel recommends that those teaching in skills subjects, particularly REDOC, should obtain experience alongside barrister practitioners, for example attendance at a mediation/arbitration alongside one of the parties. The panel recommends that management review the workload of staff and students in the first term, and give serious consideration to the reintroduction of a reading week to allow for some consolidation. Recommendation 4 Recommendation 5 Recommendation 6 The panel recommends that efforts be made to ensure that the staff-student liaison meetings are used as a vehicle for positive change rather than a process City Law School, 27 January 2011 6 Confirmed of explaining and justifying current practice, so that engagement with student feedback is improved overall. Recommendation 7 The panel recommends reviewing social and meeting facilities for BPTC students, and also reviewing lighting levels in the library and common areas. City Law School, 27 January 2011 7 Confirmed Response by the Provider The School welcomes the BSB Monitoring Report, and is very grateful for the care taken by the Panel and the helpful guidance provided in the Recommendations. Responses to these recommendations are as follows:1. The School can see the advantages of changing the venue for the advocacy assessments, and has this under active consideration. There are practical difficulties in adopting the recommendation which need to be addressed. 2. This Recommendation is addressing formative feedback, which has for many years been provided for all the skills subjects, and has always been provided to all students. The emphasis on students who have failed arises in relation to summative assessments. Additional formative feedback, especially in Drafting and Opinion Writing, as identified in this report, has also been raised in SSLC in 2010-11, and is seen as a priority. In 2011-12 the teaching programme will incorporate a second formal feedback exercise in both Drafting and Opinion Writing. 3. In a meeting with the Monitoring Panel on 27 January 2011 the Panel queried the School’s decision to issue students with the White Book and Blackstones (both practitioner books). The School agrees with the main point that teaching must primarily be from the White Book, and the rule is and will continue to be that students are only permitted to refer to the White Book in civil small group classes (both knowledge and skills). It was suggested by the Panel at that meeting that the School should issue a textbook suitable for BPTC students (instead of Blackstones) as well as the White Book, because civil litigation is a large and complex subject, and BPTC students need a text to guide them when they first meet the subject. Acting on the guidance given on 27 January 2011 the School decided and is now committed to providing students with the White Book and A Practical Approach to Civil Procedure, with the civil evidence areas being covered by providing students with Modern Law of Evidence. 4. Staff development activities in the summer of 2011 have been arranged to include time in chambers, with efforts to include experience of ADR. 5. The teaching programme for 2011-12 on the FT course has been revised to meet the twin concerns of incorporating a Reading Week into term 1, and of addressing workloads on staff and students. The BPTC is a very intensive course, and to provide a course that reflects the ethos of the Blue Book inevitably means that the course is demanding and at a high level. Serious efforts have been made to address the workload issue, and are reflected in the revised teaching programme for 2011-12 which is enclosed. 6. Concerns about SSLC meetings being ineffective as identified in the report relate entirely to a decision to move the Criminal Litigation etc MCQ/SAQ assessment forward from 29.4.2011 to 28.4.2011 to accommodate the public holiday arising from the Royal Wedding. This was the subject of numerous meetings with the students, who were extremely unhappy about the assessment moving forward a day. The underlying problem was that the original date was agreed between the BSB and providers, the public holiday came unexpectedly (and in terms of booking halls, without much time for making alternative arrangements). Every conceivable alternative was considered and debated at length, but there was no other workable solution, which meant the students were understandably disappointed (to put it mildly). This issue apart, the School has for many years had very active SSLC meetings, which look at everything from teaching to student support to student survey results to BSB monitoring panel recommendations. Wherever possible changes that will benefit the student body as a whole are implemented immediately, or incorporated into changes for the following academic year. Examples are decisions to hold the Criminal etc MCQ/SAQ on 28.4.11 in the afternoon rather than the morning to partially meet student concerns, and the work on the teaching programme for 2011-12 as mentioned above. 7. The School will review the social space, meeting facilities and lighting levels as identified in the report. Questions about the social space come as something of a surprise, because these areas are architect designed, and were specifically designed at some considerable cost for use by the School for these purposes. In previous years these spaces have been commended on a number of occasions. City Law School, 27 January 2011 8