The Bar Qualification Manual

This section includes information on the overall content, structure and duration of the work-based learning component of Bar training (pupillage), on third six pupillages, and on mini pupillages.

Index of contents in this section:

1) What is pupillage or work-based learning?

2) Structure and duration of pupillage

3) Mini pupillages.

Overview

1.1 Pupillage provides work-based training in legal work under supervision. As a pupil, you will  build on prior learning and experience, as set out in our Curriculum and Assessment Strategy, in order to demonstrate (as a minimum) the competences to the threshold standard in the Professional Statement.

1.2 Pupillage is an essential component of training for the Bar. You must complete this component of training in order to be authorised to practise as a barrister.

1.3 While we expect that the vast majority of barristers will obtain this component of learning via a traditional "pupillage", this component may also be called “work-based learning” with a view to encouraging a wider range of AETOs to offer this component of training. "Work-based learning" might, for example, be offered by employers offering training to future members of the employed Bar (as is currently the case).  

1.4 The work-based learning (pupillage) component can be attained via one of four approved training pathways:

• the academic component, followed by the vocational component, followed by the work-based learning/pupillage component;
• the academic component followed by the vocational component split into two parts, followed by the work-based learning/pupillage component;
• a combined academic and vocational component, followed by the work-based learning/pupillage component; or
• a modular or apprenticeship model encompassing the academic, vocational and work-based learning/pupillage components.

1.5 Further information about the four approved pathways for Bar training can be found in the Authorisation Framework.

1.6 More information about the distinction between a practising barrister and an unregistered barrister can be found in Part 4K of this Bar Qualification Manual.

Overview

2.1 The primary purpose of pupillage is for you, as a pupil, to develop and build on the knowledge, skills and experience previously acquired and to gain first-hand experience in a work-based environment.

2.2 Pupillage is divided into a non-practising period and a practising period.

2.3 The normal duration of pupillage is 12 months (or part-time equivalent). This is the minimum, so AETOs should not advertise non-practising-only/practising-only pupillages where pupils do not have a waiver from the BSB from completing the full duration of pupillage. (AETOs must advertise all pupillages, but can indicate in their advertisement that they are willing to recruit pupils who have received a waiver from the BSB for a reduced duration of pupillage as a result of prior experience).

2.4 The duration of pupillage may be extended to up to 24 months if an application is made to, and approved by, us under the Authorisation Framework. The AETO will need to demonstrate, when seeking authorisation, why the proposed arrangement is appropriate.    

2.5 The normal duration of the non-practising period of pupillage is six months for full-time 12-month pupillages. A Provisional Practising Certificate can be applied for after this time. An AETO may exceptionally apply for a variation to this norm as part of the authorisation process.

Some examples of where alternative arrangements may be appropriate include:

• In the employed Bar, where additional time may be needed to enable pupils to attain certain competences to the threshold standard, for example through secondment arrangements.
• In certain areas of practice where pupils do not routinely have exposure to advocacy experience at an early stage of their training.
• To align training programmes where AETOs provide training to both barristers and solicitors.

2.6 Any change in the duration of the training programme or change in timing for applying for the Provisional Practising Certificate that was previously authorised by us must be notified to our Authorisations Team ([email protected]) as a material change.

2.7 We no longer issue Provisional Qualification Certificates for the practising period of pupillage.

The non-practising period

This section sets out the requirements that AETOs must have in place for supervising pupils. It is also of interest to individuals who wish to become pupil supervisors. It covers the eligibility criteria, training requirements, and registration of pupil supervisors with us.

Registered pupil supervisors

1 The role of the pupil supervisor is to provide you, as a pupil with:

• a suitable training programme that enables you to meet the competences in the Professional Statement to the threshold standard, in accordance with the Curriculum and Assessment Strategy; and
• all necessary assistance in complying with your regulatory obligations eg registering your pupillage with us, applying for any necessary waivers and obtaining a provisional practising certificate.

2 Pupil supervisor contact time with pupils will vary, depending on the way that pupillage training is structured at the AETO. It will be for the AETO to determine how contact time with the pupil supervisor is structured and the AETO must be able to demonstrate to us how a high standard of supervision is maintained.

Ratio of pupils to pupil supervisor

3 Supervisors at the self-employed Bar can supervise up to two pupils at the same time, one non-practising and one practising. Specific authorisation does not need to be obtained to do so.

4 Greater flexibility is permitted in the structure of pupillage supervision for the employed Bar. It is for the AETO to propose an alternative organisational structure of pupil supervision as part of its authorisation application, if it chooses to do so. Each case will be assessed on its merits, recognising that larger employers might have the organisational resources to support bespoke arrangements. A change in pupil supervision arrangements previously authorised must be reported to and authorised by us.

Eligibility and suitability to act as a pupil supervisor

5 Our rules were very prescriptive about who could be a pupil supervisor. We no longer prescribe the eligibility criteria for pupil supervisors except that a pupil supervisor must normally be a practising barrister. If alternative supervision is proposed, the AETO needs to set this out in an application for authorisation to us.

6 It is for the AETO to decide who is suitable to be a pupil supervisor and to ensure that they have received (and continue to receive) appropriate training that meets the outcomes specified by us.

7 In considering the suitability and competence of a barrister to act as a pupil supervisor, AETOs should check the disciplinary record of the barrister with reference to the Barristers’ Register on our website and seek a declaration from the barrister that no other disciplinary action is in progress. Other considerations are likely to include:

• professional experience;
• nature of their practice and whether it offers appropriate learning opportunities;
• the time they can devote to a pupil;
• aptitude to create an appropriate learning environment; and
• competence to provide effective feedback.

While seniority may be among the factors considered by AETOs because of the experience that brings, it can also be helpful for pupils to spend time (whether as a pupil supervisor or simply another member of chambers) with a more recently qualified barrister prior to starting their practising period, since they may be better placed to give practical guidance on the type of work that pupils are likely to be instructed on.

8 While pupil supervisors no longer have to apply to their Inn for approval, AETOs may, if they choose, seek references from the relevant Inn or others. AETOs should be clear what information, relevant to being an effective pupil supervisor, they are seeking to obtain from any references sought.

9 AETOs are required to demonstrate (through the authorisation process under the Authorisation Framework and through ongoing supervision by us) how they ensure high standards in their pupil supervisors.

10 If any matter which appears to affect the suitability of a barrister to act as a pupil supervisor comes to our notice, we will assess the matter in accordance with our risk-based approach to regulation and take appropriate action. We may designate an individual as unsuitable to be a pupil supervisor.

Training of pupil supervisors

11 AETOs must ensure that their pupil supervisors have received appropriate training before supervising a pupil and continue to receive appropriate training in accordance with the outcomes and frequency specified by us. This must be confirmed by the AETO when the pupillage is registered. Training records should be maintained by the AETO for the purpose of supervision by us.

12 Pupil supervisors play a critical role in Bar training during the work-based learning (pupillage) component. We seek, on the one hand, to ensure that all pupils receive the necessary training and guidance in meeting the requirements to successfully complete this final component of training and, on the other hand, to provide organisations that deliver pupil supervisor training with enough information to design and deliver training which meets the outcomes that we specify here.

13 The outcomes that we prescribe provide a broad framework of what the training should achieve. AETOs must ensure that their supervisors’ training meets these outcomes.  Together with guidance, they have been developed to help AETOs ensure that they and their pupil supervisors maintain high standards of pupillage training. They will also assist those who deliver pupil supervisor training courses or events to structure their training programmes.

14 Attendance at formal training events can only cover a certain amount of ground in one session; in practice, the outcomes are likely to be met by a combination of self-study (reading the relevant documentation issued by us), briefing by the AETO (AETOs will need to ensure that their pupil supervisors are familiar with, and can apply, their own policies and procedures that are relevant to pupillage in their AETO) and attendance at training provided by third parties (where not available in-house).

15 We do not prescribe who can deliver training. Supervisor training is open to any provider and can be delivered in-house. Providers are not accredited by us and can include:

a. Training provided by the AETO. This might be delivered by those who have responsibility for appointing pupil supervisors, managing the pupillage training programme, developing materials and the training programme for pupils. Or it might be delivered by in-house support functions or others with relevant skills and experience.

b. Attendance at courses delivered by others with particular expertise in pupillage and the Bar, such as the Inns, the Circuits, the Bar Council or others that train pupils and barristers. For example, the Bar Council’s wider training programme for barristers and chambers includes topics that are relevant, eg Managers Harassment Training.

c. Attendance at courses delivered by other trainers specialising in particular fields such as equality, diversity and inclusion, bullying and harassment, learning styles, coaching skills, giving effective feedback and wellbeing.

16 The training that an individual pupil supervisor needs may vary according to their prior experience. Pupil supervisors who do not have prior experience may need additional support to ensure that they are able to deliver effective feedback to pupils. In contrast, barristers who have come to the profession after a career elsewhere and barristers in the employed Bar may have had experience in a managerial capacity where they have received appraisal and feedback training and applied it in practice. Barristers in the employed Bar and larger chambers may have had access to internal training on managing others or equality and diversity in the workplace.

17 Refresher training for pupil supervisors is mandatory every five years, or after three years if the individual has not been a pupil supervisor during that time. The transitionary timetable for achieving this is as follows:

All relevant pupil supervisors must have met the requirement to undertake refresher training no later than 31 December 2022. This means that from 1 January 2023:

• Anyone intending to continue supervising pupils must have undertaken pupil supervisor refresher training within the last 5 years.
• Anyone intending to continue supervising pupils who has not supervised a pupil within the last 3 years must have undertaken refresher training within the last 3 years

This transitionary period does not apply to new pupil supervisors, who must undertake pupil supervisor training before taking on a pupil for the first time.

18 There are no separate requirements for the content of pupil supervisor refresher training.

19 Barristers also have an obligation under the Continuing Professional Development rules to reflect annually on their training needs and should, when considering practice management, reflect on their competence as a pupil supervisor or as a member of the pupillage committee, or equivalent.

Outcomes for training pupil supervisors

20 From 1 September 2020, it is a requirement that all pupil supervisor training courses meet the following outcomes. Further guidance is provided below. As a minimum, we would expect the outcomes marked * to be met by attending a training course or courses.

Guidance on the outcomes for pupil supervisor training

21 The following information is designed to provide AETOs with guidance on areas that training should, as a minimum, cover in order to ensure that training for their pupil supervisors meets the outcomes that we specify.

1. The regulatory requirements

The pupil supervisor will:

• Be familiar with the current version of the following BSB documents and the relevant regulatory requirements:
• Be familiar with and able to apply the Equality and Diversity Rules of the Code of Conduct and the Equality Act.
• Understand the BSB’s administrative procedures for registering pupillage, applying for the Provisional Practising Certificate and Full Practising Certificate.
• Understand the role of the pupil supervisor.

Pupil supervisors must understand their role as it applies to their particular AETO. In practice, the role of the pupil supervisor will vary between AETOs. For example, in a small AETO or in an Employed Bar setting, there may be only one pupil supervisor that is also responsible for all aspects of pupillage. In contrast, in a large chambers that offers a number of pupillages each year, there may be a pupillage committee that has responsibility for managing all aspects of pupillage from recruitment, to development of policies, processes and the pupillage training programme, and training of supervisors; in this setting, there may be many pupil supervisors who each have responsibility for a pupil during a “seat” rotation that is limited to three months. In a larger Employed setting, there may be a bespoke arrangement for pupil supervision that has been approved by us as part of the authorisation process.

2. The AETO’s training programme, policies and processes

The pupil supervisor will:

• Be familiar with their AETO’s training programme or plan for pupils and able to implement it, such that pupils are able to meet the competences in the Professional Statement to the threshold standard.
• Be familiar with their AETO’s policies, procedures and standard documentation in relation to pupillage, and able to apply them.

The pupil supervisor must be familiar with the Professional Statement and satisfied that the AETO has a training programme in place, supported by appropriate policies, procedures and documentation, that provide the pupil with the necessary opportunities to develop the knowledge, skills and attributes to enable them to meet the competences to the threshold standard by the end of pupillage. The pupil supervisor should be able to provide constructive challenge to the AETO in these areas where appropriate.

3. Effectiveness as a pupil supervisor

The pupil supervisor will:

• Understand what makes an effective supervisor, including understanding how pupils learn effectively and being able to assess the learning needs/learning styles of their individual pupils.

Every pupil is different and will have had different experiences before pupillage. Each pupil brings their own combination of knowledge, skills and attributes to day 1 of pupillage. The pupil supervisor will need to be able to recognise those differences at an early stage of the pupillage and adapt to the individual their own supervision style, their way of communicating with the pupil and the training plan.

For example:

• Some will have received a waiver from the BSB for a reduced pupillage because of their prior experience, and the pupil supervisor will need to identify which of the competences in the Professional Statement remain areas of focus for the pupillage period.
• Some will come with a great deal of knowledge about the way that the Bar works, because of their connections or prior experience. Others will not.
• People learn in different ways. A pupillage training plan is likely to involve a combination of observing the pupil supervisor and other barristers, practising written work, scenario-based exercises, attending classroom-based courses and practising as a pupil barrister.
• People respond differently to the style in which feedback is given – what works for one pupil may not work for another. Pupil supervisors must be prepared to adapt their style to the pupil.
• Some individuals will require specific reasonable adjustments under the Equality Act and may not yet have had the courage to ask for them.

• Understand the time commitment that is required to be effective as a pupil supervisor

The pupil supervisor will need to understand that effective pupillage supervision requires them to commit sufficient time to the role, including in the practising period of pupillage.

• Be able to understand the behaviours which constitute unacceptable supervision practices.

It is expected that pupillage will be a demanding experience for pupils and can be somewhat stressful. Pupil supervisors must ensure that their actions do not unnecessarily or unreasonably increase that stress. Rigorous but constructive feedback is appropriate; bullying is strictly prohibited. Pupil supervisors need to be able to clearly differentiate the two. Unacceptable behaviours would include:

• Personal comments and/or jokes about pupils’ appearance, race, religion, sex, marital status, background, education, age, weight, etc.
• Exclusion of certain pupils from social events, social media groups, etc.
• Unjustified exclusion of pupils from certain types of work or experience.
• Unjustified threats to withdraw, extend or not sign off the pupillage.
• Unreasonable expectations of work volume and/or working hours.
• The way in which feedback is given (see below).

Case scenarios and role play to encourage discussions and ensure understanding in this area is likely to be the most effective way of training in this area.

• Be competent to conduct assessment of their pupils’ progress in meeting the required competences and to conduct effective one-to-one appraisal and feedback, and continuing feedback to pupils throughout the duration of the pupillage.

It is for the AETO to ensure that the necessary documentation is in place to evidence the monitoring of the pupil’s progress against the competences in the Professional Statement, in a way that is transparent to the pupil. The pupil supervisor will need to be familiar with, and able to apply, the AETO’s policies and processes about the manner in which feedback will be provided and the frequency with which formal feedback and appraisals will be conducted. The pupil supervisor will need to be able to explain them to the pupil.

The skills required to deliver effective, regular and consistent feedback, and the impact on pupils of poorly delivered or insufficient feedback are critical to the success of pupillage. Those in the Employed Bar, or those who have come to the Bar after a change of career, may have had the opportunity for training in this area as part of an employee management training programme and have developed these skills as managers themselves. However, this is a skill that may not have been acquired as a practising self-employed barrister and should therefore be an important area of focus for training.

• Be able to identify and act on their own development needs as an effective pupil supervisor.

Pupil supervisors should be confident in identifying and acting on their own development needs for the role. For example, this could be achieved by seeking feedback from pupils and reflecting on their competence as part of creating and implementing their annual CPD plan.

4. Pupil wellbeing

The pupil supervisor will:

• Be familiar with the AETO’s policies and support mechanisms that enable all pupils to complete their training and support those who experience difficulties.

Pupil supervisors should read the contents of Part 4M of this Bar Qualification Manual. They should also be familiar with the AETO’s formal policies and processes, including the grievance policy, and able to advise pupils of the process by which they can raise any issues either formally or informally. The pupil supervisor is often identified as the first point of contact in the grievance process and so they will need to be ready to act in line with the policy.

Many AETOs have a system in place whereby the pupil is assigned a buddy or junior tenant for the duration of their training. The aim is for the pupil to have someone within the AETO to speak to informally about matters which they may not feel comfortable to raise with their supervisors or more senior members. The pupil supervisor should be aware of who this person is and ensure that this means of support is operating.

• Be able to signpost pupils to where they can find help externally if needed.

Pupil supervisors should read the contents Part 4M of this Bar Qualification Manual and be aware of the range of external support mechanisms that are available to pupils in cases where they do not feel confident to raise their problems internally or where issues have not been resolved internally.

• Be able to apply appropriate policies and support mechanisms that enable all pupils to complete their training and support those who experience difficulties. Be able to create a positive relationship with pupils, such they feel comfortable to speak up without fear of reprisal.

The pupil supervisor should understand the importance of their role within the AETO in helping to foster a culture in which pupils feel that if they have any concerns, these can be raised formally or informally with either their pupil supervisor or other appropriate individuals within the AETO.

Pupil supervisors should have an understanding of the impact that pupillage can have on the wellbeing of their pupils. They need to know how issues relating to wellbeing manifest themselves and they need to know how to have conversations about stressful or distressing situations, and other wellbeing issues.

Registration of pupil supervisors

22 Pupils must have a named pupil supervisor who is responsible for confirming that the non-practising and the practising periods of pupillage have each been satisfactorily completed in accordance with the Curriculum and Assessment Strategy. The supervisor responsible for signing off each period of pupillage must be registered in relation to that pupillage when the pupillage is registered (or notified promptly if there is a change in circumstances).

23 We are no longer maintaining a “register” of approved pupil supervisors, as such. But we are maintaining a record of which pupil supervisor is responsible for signing off each particular pupil, when that pupillage is registered.

24 Although pupillage is arranged as two distinct periods for the purposes of regulation by the BSB (non-practising and practising periods – see Part 4A of this Bar Qualification Manual) AETOs may rotate pupils through two or more placements or “seats”. Such rotations can be within the AETO or with external organisations. This approach exposes pupils to a wider range of experience and offers opportunities for a more rounded assessment of their pupillage. It is for the AETO to ensure that all supervisors are appropriately trained and to determine how pupils are supervised during such seat rotations or external secondments, including how the consistency of supervision and the quality of training is maintained, and how effective handover between supervisors is ensured.

25 Supervisors that have responsibility for signing off a period of pupillage must be registered and trained. Where more than one supervisor has this responsibility during a pupillage, each must register as a supervisor for the pupillage with us, either when the pupillage is first registered or subsequently.

26 There is no specified maximum amount of time that a supervisor may be absent or unavailable before an alternative supervisor must be registered. It is the responsibility of the AETO to ensure that we are contacted when a material change occurs and alternative arrangements are made where necessary. See Part 4H of this Bar Qualification Manual for requirements to notify us of changes in pupillage arrangements.

All AETOs are required to abide by the Equality Act 2010, which includes some specific provisions in relation to recruitment of pupils. In addition, our Handbook and the Authorisation Framework have a number of requirements relating to recruitment in relation to equality and the principles of flexibility, accessibility and affordability. These are outlined in this section.

Concerns raised during our consultations about Bar training and from research conducted (covering diversity, barriers to training and differential attainment in outcomes on the BPTC and in gaining pupillage, race equality and experience of women at the Bar) highlight that access to pupillage is one of the biggest barriers to increasing diversity at the Bar.  Research conducted into Pupillage Advertising and Selection Criteria contributes to our understanding of which stages of the advertising and recruitment process for pupils give rise to potential barriers of entry to the Bar, particularly for those from underrepresented groups at the Bar.

The Equality Act 2010

1 The Equality Act 2010 (“the Act”) consolidates and replaces the numerous Acts and Regulations which previously dealt with equalities law. It recognises the following as ‘protected characteristics’:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation.

2 Barristers and clerks are bound by specific provisions relating to the Bar in Section 47 of the Act that prohibits discrimination against pupils, tenants and would-be pupils and tenants, and requires barristers to make reasonable adjustments.

3 Section 60 of the Act prohibits pre-selection questions of applicants (including for pupillage or tenancy) about their health or disability save in very narrow circumstances.

4 Positive action in recruitment is permitted in certain circumstances under Section 159 of the Act specifically in relation to pupillage and tenancy recruitment.

5 As employers, AETOs are subject to the provisions in Part 5 Chapter 1 of the Act, which prohibits direct and indirect discrimination, harassment and victimisation, and provides the duty to make reasonable adjustments.

6 As service providers, AETOs are covered by Part 3 (3) of the Act.

BSB Handbook

7 Our Handbook has a number of requirements in relation to equality. In particular, the following are relevant to pupillage:

Training for those involved in recruitment

8 Feedback from those that have attended face-to-face training in fair recruitment practice indicates that this is the most effective way to engage in training, particularly in aspects such as unconscious bias. For this reason, guidance in gC143 was amended in 2019 to say that training should ideally be undertaken via classroom sessions. This is because reading the Fair Recruitment Guide is an insufficient substitute for the interactive discussions that take place during such training.

9 In practice, we recognise that the recruitment process for pupillage, and subsequently into tenancy or employment, can include a large proportion of people in an AETO. It can therefore be challenging to require everyone to attend face-to-face training that is tailored to the Bar. In considering training needs, AETOs should (as a minimum) consider the role that individuals play in recruitment. For example, those that are involved in determining policies and selection criteria may have different training needs to those involved in interviewing or voting on tenancy decisions. Equally, barristers should, as part of planning and reflecting on their Continuing Professional Development (CPD), consider their role in recruitment and their training needs.

Advertising pupillages and the mandatory recruitment timetable

10 All AETOs should recruit pupils through a fair and transparent process. All vacancies for pupillage (including assessed mini pupillages) must be advertised on the Pupillage Gateway, in line with the mandatory timetable, to ensure equality of opportunity. The requirement to advertise forms a condition of authorisation.

11 Waivers from the pupillage advertising requirements will only be granted by us in exceptional circumstances. Each case will be considered on its own merits.

12 AETOs can choose to use the Pupillage Gateway to administer the application process. Alternatively, applications can be made directly to AETOs.

13 As a condition of AETO authorisation, all pupillage recruitment must adhere to the mandatory timetable specified by us. AETOs must ensure that each stage of the advertising and recruitment process takes place in accordance with the published timetable (whether they administer their recruitment process on or off the Gateway website).

The Bar Council presents their suggested timetable to the BSB annually, together with an equality impact assessment and a written statement of the factors they have taken into account. We then consider whether to approve the timetable in accordance with the Legal Services Board's Internal Governance Rules and the protocol on regulatory independence between the BSB and the Bar Council. 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.

Information provided to applicants

14 The principles that underpin the Authorisation Framework include the principles of Flexibility, Accessibility and Affordability. 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.

15 AETOs should provide sufficient information in the advertisement and other supporting materials (for example on the AETO’s website) to enable prospective pupils to understand:

• the AETO itself, eg the type of work that its barristers do, its size, location and culture;
• the number of pupillages available;
• the application process and deadlines, timing of interviews and the criteria that the AETO uses to assess applicants and decision dates;
• when (on their path to qualification) candidates can apply;
• the pupillage training programme and what to expect from a pupillage at the AETO;
• the pupillage award, including expenses and other costs of training that the AETO covers (and what it doesn’t cover);
• prospects at the end of pupillage and the process for applying for tenancy/employment; and
• the practical impact of the AETO’s equality and diversity policies.

Outreach activity

16 We recognise that the outreach activities that AETOs engage in will vary according to their size and resources. 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.

Selection

17 Selection for pupillage is subject to the Equality Act 2010. 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.

18 In addition, our Handbook sets out requirements in relation to recruitment and selection processes, which apply to pupillage:

19 While the above applies specifically to chambers and BSB authorised bodies, all AETOs must have recruitment and selection processes that use objective and fair criteria.

20 Given that access to pupillage is one of the biggest barriers to increasing diversity at the Bar, AETOs should carefully review their advertising and selection processes and criteria and challenge themselves to think about where they may be creating barriers to equality and diversity. 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.

Checking credentials

21 AETOs must have policies and procedures for carrying out credential checks to ensure that applicants meet the mandatory and other requirements, and for reporting dishonesty to us and to the Inns of Court. For pupillage, AETOs must exercise appropriate due diligence in relation to the following:

• That academic and vocational training components have been satisfactorily completed within the 5 year limit. In accordance with the Curriculum and Assessment Strategy, a person may not start pupillage more than five years after completing the vocational component.
• That the pupil is a member of an Inn.
• That the pupil has been Called to the Bar.
• Immigration visas have been obtained, where relevant.
• Waivers have been granted by us, where relevant.
• Any other requirements that the AETO has specified as a condition.

Vocational Bar training course grade boundaries

22 Pupillage Authorised Education and Training Organisations (AETOs) should be aware when recruiting pupils that we no longer prescribe grade boundaries for the new vocational Bar courses that commenced in 2020. The following information has been written to assist those involved in pupillage recruitment in understanding how to interpret the results that your applicants share with you.

The old system of grade boundaries

23 On the old Bar Professional Training Course (BPTC), we prescribed grade boundaries so that passing candidates could be consistently described as having a pass that was classified as Outstanding (85-100%), Very Competent (70-84%) or Competent (60-69%). The classification depended not just on marks obtained, but whether the candidate passed particular elements on their first attempt.

What changed in 2020

24 As part of our review of Bar training, we removed the system of classifications for the new vocational Bar training courses that commenced in 2020. The Professional Statement describes the threshold for competence and that is now the only threshold that we prescribe; we consider that competence has either been demonstrated or it has not. We no longer prescribe the number of attempts available for each element of Bar training other than to say that we permit unlimited attempts over a period of 5 years, although individual providers of Bar training may have different regulations prescribing the number of resits for their own academic awards.

25 You can read more about our current requirements in the Curriculum and Assessment Strategy. More information about the assurance mechanisms that are in place for Centralised Assessments and assessments that are set and marked by the AETOs is available on our website.

What information your pupillage applicants may show you

26 Exam results are uploaded to students’ Bar Training Record on MyBar. Students can provide an access code to their chambers or employer to view the results. You will be able to see a copy of their Bar Training Record, ie a breakdown of each subject and the mark obtained (where a mark is awarded - some elements are simply pass/fail), as well as an overall “competent” rating. All the results that are necessary in order to be Called are displayed consistently, wherever a student has undertaken their Bar training. No other classification is provided.

27 The institutions that deliver the vocational Bar training courses also offer their own academic awards, such as an LLM, of which the Bar course forms a part. As the BSB does not regulate these academic awards, it does not prescribe how institutions describe their own classifications and grade boundaries. Pupillage AETOs should be aware that the way academic awards are described will vary between different institutions.

28 These awards are subject to the respective institutions’ own academic regulations and validation processes and are governed by other regulations, particularly those of the Office for Students, and they are subject to oversight by the Quality Assurance Agency. Each have their own regulations for their academic awards. Applicants will therefore also have an academic transcript from their university that describes their academic award in terms appropriate to their particular institution.

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.

1 From 1 May 2020, it has been a mandatory requirement for written agreements to be in place between AETOs and pupils. Written agreements must be signed by the AETO and pupil upon commencement of pupillage. This is a condition of AETO authorisation.

2 The offer of a pupillage and its acceptance by the person to whom it is made will give rise to a legally binding contract for education and training (Edmonds v Lawson 2000 [QB 501] (CA)).

3 Offers of pupillage may be made by AETOs through the Bar Council’s Pupillage Gateway if the AETO uses the Gateway to administer their recruitment process, or directly if not. No offers may be made before the date/time indicated in the mandatory timetable specified by us.

4 Offers of pupillage must also be made by AETOs to prospective pupils in writing. Upon acceptance of the offer, this must be signed by the AETO and prospective pupil. In addition, offers must incorporate the AETO’s standard pupillage terms which must also be available to the prospective pupil on the AETO’s website or on request. These requirements are conditions of AETO authorisation. Full details of what offers are required to state can be found below.

5 Where an AETO is not a legal entity, a pupillage agreement must either be between the pupil and an associated legal entity of the AETO (eg a service company incorporated by members of chambers) or between the pupil and a person/body of appropriate seniority at the AETO (eg a Head of Chambers/Management or Pupillage Committee). 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.

6 The outcomes which AETOs will be required to meet in their written agreements can be found below. 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.

7 The Bar Council has provided a suggested template agreement.

8 In addition:

• AETOs can to add further terms if they wish, provided they are not unfair, not unduly onerous and do not unlawfully discriminate;
• Written agreements must reflect any relevant legislation, such as the obligations of both the AETO and the pupil under the General Data Protection Regulation and the Data Protection Act 2018;
• If the pupillage is at the self-employed Bar, then the written agreement should not create an employment relationship between the pupil and the AETO, nor be a contract for services or of apprenticeship; and
• If the pupillage is at the employed Bar, then the written agreement should not affect the employed status of the pupil, or the obligations of either the AETO or the pupil in relation to employment and related law.

9 In the event of a breach of a written agreement, we could take appropriate action on the basis that either BSB Handbook requirements or conditions of AETO authorisation have been breached.

All pupillages of self-employed barristers, chambers and BSB entities must be funded in accordance with the Pupillage Funding Rules in the BSB Handbook. 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.

Other types of AETOs must abide by the National Living Wage legislation.

Minimum pupillage funding requirements

1 All pupils must be paid no less than a minimum amount, specified by us.

2 The minimum pupillage award is set annually, having regard to the Living Wage Foundation’s hourly rate recommendations, which are announced in November each year. 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.

3 The rate we have set is as follows:

For the period 1 January 2024 to 31 December 2024

• £23,078 for 12-month pupillages in London
• £21,060 for 12-month pupillages outside London

For the period 1 January 2025 to 31 December 2025

• £24,203 for 12-month pupillages in London
• £22,019 for 12-month pupillages outside London

4 The London rate applies to all pupillages that are based in boroughs in the Greater London area as defined here: https://directory.londoncouncils.gov.uk/ This will normally be the address of the AETO where the pupil is based. 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.

5 Minimum monthly payments to pupils are mandatory (ie the total divided by 12) but flexibility is permitted to allow upfront payments. In the practising period, AETOs must cover the difference between a pupil’s earnings and the minimum monthly amount. The purpose of these rules is to ensure that pupils receive a regular, minimum income throughout pupillage.

6 You should ensure that you are familiar with the full rules, which also cover payment of expenses. The BSB Handbook sets out the specific requirements:

7 In the practising period of pupillage, the monthly minimum amount may be made up by payments from the AETO (in accordance with rules C113 and C114) or earnings received from practising as a pupil barrister, or a mixture of the two.

8 Rules C114.2(c) and (d) allow AETOs to recoup some or all of the payments made to pupils in their practising period of pupillage, from earnings the pupil receives over that minimum amount, up to the amount that they have funded. For example, if an AETO had to top-up the pupil’s earnings by an amount of £500 to reach the monthly minimum, the AETO could recover that in a subsequent month, provided the pupil earns at least the monthly minimum amount.

9 AETOs should not, however, profit from any pupillage. In other words, they should not recoup more than they have paid to top up to the minimum funding level. Rules C113 to 115 combine, in effect, to prohibit an AETO from attempting to profit from pupillage.

10 AETOs may, of course, choose not to recoup such payments or choose to guarantee a higher level of income that the minimum that we specify.

11 AETOs are required to pay travel expenses for pupils travelling for the purposes of their pupillage, in addition to the minimum funding requirement. 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.

12 AETOs must make clear, in writing, the funding arrangements at the time an offer for pupillage is made so that there are no surprises. 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.

Transferring lawyers

13 Transferring lawyers no longer have an automatic exemption from the pupillage funding rules. AETOs will have to apply for waivers in individual cases.

Waivers from pupillage funding requirements

14 Waivers from the funding requirements will only be granted in exceptional circumstances. Each case will be considered individually on its own merits. The responsibility to fund pupils lies with the AETO. The AETO must apply for a waiver from the pupillage funding requirements if it does not, or cannot, fund a particular pupil.

• Pupillage Funding Waiver – Application Form
• Pupillage Funding Waiver – Application Guidelines

15 Pupils themselves cannot enter into agreements to undertake unfunded pupillages, nor apply for waivers from the pupillage funding requirements.

Inns Awards

16 The Inns have some awards for the pupillage year. For information, contact each Inn of Court (see Part 5A of this Bar Qualification Manual).

17 In addition, The Council of the Inns of Court has a matched funding scheme for AETOs predominantly engaged in legally aided work to provide additional pupillages.

The Legal Education Foundation

18 The Justice First Fellowship Scheme supports students and pupils committed to public interest and social justice issues who want to pursue a career in social welfare law.

This section includes information on requirements relating to record keeping during pupillage.

This section explains the information that we require Authorised Education and Training Organisations to make available to pupils and applicants for pupillage/work-based learning about what happens when they have completed their training.

Overview

1 The Authorisation Framework requires Authorised Education and Training Organisations (AETOs) to provide clear information that assists applicants for pupillage/work-based learning in assessing the affordability of their training, in relation to the prospects they will have when their training is complete.

2 Applicants and pupils should be given information about the process and timing for applying for tenancy/employment; the retention rate or other destination post-qualification; earnings potential when fully qualified and support given to pupils to enable them to find alternative work if they are unsuccessful in their tenancy/employment application.

This section includes information on pupils’ responsibilities for registering their pupillage, other practice requirements, and complaints against pupils.

Index for this section:

1) Pupils’ responsibilities for registering pupillage

2) Other practice requirements for pupils 

3) Complaints against pupils

4) Summary of the responsibilities of pupils.

Registering pupillage

1.1 Before starting any period of pupillage, as a pupil you must apply to us for registration of the pupillage by submitting an application on the form we have prescribed.

1.2 If you apply to us for registration of a pupillage after the pupillage has started, the pupillage will be treated as having started on the date the application is received, unless we permit otherwise.

Changes in pupillage

1.3 If any of the information provided in an application for registration of a pupillage changes before the pupillage has been completed, as a pupil you must promptly notify us in writing of the change using the prescribed form. The periods of time involved must be noted.

1.4 The declaration must be signed by the Head of Chambers or other person authorised by the Head of Chambers in the case of a pupillage in chambers. For a pupillage in employment, it should be signed by a person authorised by the employer.

1.5 There is no specified maximum amount of time that a supervisor may be absent or unavailable (eg overseas or ill) before an alternative supervisor must be appointed. 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.

Insurance

2.1 As a pupil, you will be covered by your pupil supervisor’s Bar Mutual Indemnity Fund (BMIF) insurance, or your employer’s insurance, for work performed during pupillage.

2.2 Once pupillage ceases, as a pupil you must apply immediately to the BMIF for your own cover for legal services offered in self-employed practice. As a practising barrister, if you are entering into a so-called “third six” arrangement, you should also contact BMIF to agree your own insurance cover.

2.3 As an employed barrister, you should ensure that your employer has appropriate professional indemnity insurance in place for you.

2.4 The Government Legal Service does not have specific insurance because it bears its own risk.

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018

2.5 Every individual self-employed practising barrister is a data controller. All self-employed barristers, including practising pupils, and chambers are required to comply with the GDPR and the Act if they process personal data.

2.6 The Data Protection (Charges and Information) Regulations 2018 requires every organisation or sole trader who processes personal information to pay a data protection fee to the ICO, unless they are exempt.

2.7 Please refer to the Bar Council Guidance on GDPR, which provides support to barristers and chambers in meeting their data protection requirements. 

Taxation

2.8 As a pupil, you should become familiar with the tax requirements, including VAT and National Insurance, for self-employed practice.

2.9 The Bar Council provides a taxation guide on its Ethics website.

Overview

3.1 Anyone who has a concern about the conduct of a pupil who has been Called to the Bar can make a report to us.

3.2 If they have been Called to the Bar, the pupil’s Inn of Court plays no formal part in the disciplinary system, except via the Council of the Inns of Court (COIC) which arranges tribunals. An individual Inn would have a role in pronouncing any findings of a Disciplinary Tribunal.

3.3 A concern about a pupil who has not been Called to the Bar should be reported to the pupil’s Inn of Court.

3.4 Information for pupils facing an investigation into a concern reported about them to the BSB is available on our website.

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).

The Circuits

1 Practising barristers work from chambers and other organisations in one of the six Circuits (Northern, North Eastern, Wales and Chester, Midlands, South Eastern, Western) into which the administration and organisation of the court system of England and Wales is divided.

2 In some locations, the Circuits share or replace some of the services of the Inns of Court (see Part 5 of this Bar Qualification Manual) including services in relation to pupillage training and other educational and social opportunities. 

The Specialist Bar Associations (SBAs)

3 A number of Specialist Bar Associations (“SBAs”) have been formed to provide support, training and representation for their members. Many SBAs provide guidance on training for pupils who are doing their training in specific areas of law.

4 We no longer require pupils to complete specialist checklists from the SBAs and for this reason they will no longer be specified as part of the Bar Qualification Manual. However, AETOs may find it useful to continue to use the specialist checklists that are available from relevant SBAs, or work with their SBAs to update them. For example, specialist checklists might be used to support pupils to develop competences in the Professional Statement, such as 1.3 – “Have knowledge and understanding of the law and procedure relevant to their area(s) of practice”.

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.

1.1 The Professional Statement describes the knowledge skills and attributes that all barristers should have on “day one” of practice. 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.

1.2 AETOs must assess their pupils in line with the threshold standard and competences specified in the Professional Statement. This is a change to the previous requirement to complete the pupillage checklists.

1.3 AETOs must develop their own training plan and records in place of the old checklists, to provide evidence to us that their pupils have met the competences, have successfully completed each period of pupillage, and are eligible to apply to us for a Provisional Practising Certificate and a Full Practising Certificate. We do not prescribe templates for training records.

1.4 Since September 2017, it has been a requirement for vocational training providers to ensure that their students understand how their learning relates to the Professional Statement, so pupils will be familiar with it.

Guidance on implementing the Professional Statement

1.5 The Professional Statement was rolled out with a group of early adopters for the 2017 and 2018 intakes of pupils in order to learn and share lessons before implementation to the Bar as a whole. 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.

1.6 The feedback from the early adopters about transitioning from the checklists to the Professional Statement was consistently very positive.

1.7 They also welcomed flexibility to develop their own documentation to suit their circumstances. 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.

Training programme

1.8 Before pupillages start, AETOs should plan ahead to consider how their training programme will enable pupils to meet the competences to the threshold standard in the Professional Statement and how their pupil supervisors will assess competences.

1.9 The early adopters found that they did not have to make significant changes to the content of their training programme; they felt that an AETO providing a high quality of training will already be addressing the range of competences covered by the Professional Statement. 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.

1.10 This process can help to identify where it may be difficult to support a pupil in meeting certain competences, eg where pupils are not on their feet in the practising period, due to the complexity of practice area.

Competences that need to be met in order to apply for a Provisional Practising Certificate (PPC)

1.11 We have not previously specified, in relation to the checklists, what threshold pupils need to have met in order to apply for a Provisional Practising Certificate, other than to specify which of the compulsory courses during pupillage needs to be completed during the non-practising period of pupillage. 

1.12 The competences that need to be met to the threshold standard during each component of Bar training, including those that need to be met to the threshold standard before you can apply for a Provisional Practising Certificate, are now set out in the Curriculum and Assessment Strategy.

Ensure that all pupil supervisors are familiar with the Professional Statement

1.13 Where an AETO has a number of pupil supervisors, the AETO must ensure that they are all familiar with the training programme and the Professional Statement before their pupils start. This could be achieved by:

• Holding a briefing session
• Preparing a briefing pack for supervisors

Ensure that pupils understand how they will be assessed and when

1.14 Some pupils in the pilot were uncertain how they knew when they had done enough to meet the threshold standard. 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.

Self-reflection by pupils

1.15 The early adopters found that pupillage diaries continue to provide a useful record of training but wanted to ensure that it provided a clear link to the competences in the Professional Statement. 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.

Feedback from pupils and pupil supervisors

1.16 The larger early adopters in the pilot brought together their pupils and pupil supervisors, to discuss their experience of using the Professional Statement. This was helpful in reflecting on the first year of implementation, what worked well and what lessons were learnt.

Ensuring consistency of assessment

1.17 AETOs need to ensure that all those involved in assessing pupils take a consistent approach to assessment of the competences in the Professional Statement. This particularly applies to the following circumstances:

• Where you have more than one pupil supervisor over the course of your pupillage.

Good quality record keeping will ensure that supervisors take a consistent approach to monitoring progress in meeting the required competences.

• Where you will be completing work for other barristers or others in the AETO.

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.

• Where you will be undertaking a secondment outside of the organisation as part of your pupillage (see Section 2, below).

Specialist Bar Association checklists

1.18 We no longer mandate the use of the checklists for pupillage and they are no longer maintained on our website. However, opinions amongst the pilot group varied about their continuing value. Some of the early adopters found that the specialist checklists provided a useful reference point when planning the training programme and working with the clerks’ room to ensure that pupils were exposed to an appropriate range of work. Others thought that the checklists were too out of date and attempted to cover every possible type of document or procedure that a barrister might encounter, at the expense of focussing on those most often encountered at that stage of a barrister’s career.

1.19 It is for AETOs to decide with their Specialist Bar Associations (SBAs) whether there continues to be a demand for the checklists. A list of SBAs is available on the Bar Council website.

Monitoring, evaluation of progress and feedback

1.20 Monitoring, evaluation of progress, and regular feedback during pupillage are crucial. 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.

1.21 The Authorisation Framework places specific requirements on AETOs in relation to evaluation, assessment and appraisal.

1.22 Giving constructive feedback and conducting an effective appraisal requires pupil supervisors to develop the necessary skills and experience. 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.

1.23 Formal appraisals, scheduled periodically, in addition to regular feedback and informal monitoring of progress, help to ensure that appropriate progress is made and that you understand the progress you are making and the areas for development. 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.

1.24 The appraisal process should provide a structured means of reviewing your performance, providing objective feedback, identifying strengths and areas for development, and setting objectives to develop skills and competences. Appropriate documentation and forms should be developed by the AETO.

1.25 It is also an opportunity for you to provide feedback on your progress, the work you have done and the way you are being supervised. 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.

1.26 It is important that you begin a habit of self-reflection on your own progress that should continue throughout practice, with a view to shaping your Continuing Professional Development (CPD). During the first three full years as a practising barrister, you must comply with the CPD rules within the New Practitioners Programme (NPP). Once you have practised for more than three full years, you must comply with the CPD rules within the Established Practitioners Programme (EPP).

1.27 People other than your pupil supervisor may also contribute to the evaluation of your performance, eg clerks, solicitors, members of the judiciary or clients. AETOs should establish appropriate mechanisms to do so, with transparent assessment criteria that are based on the competences in the Professional Statement.

1.28 Some AETOs develop their own structured written and oral assessment exercises. Again, these should reflect the competences in the Professional Statement

1.29 The Head of Pupillage, or equivalent, should monitor the appraisals so that the AETO is aware of the progress of all the pupils and can identify where there may be emerging issues.

Remedial work and extension of pupillage

1.30 Where it is not considered that the defined standards and competences have been met, your pupil supervisor must not sign you off as having completed the non-practising or practising period of pupillage. 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.

1.31 Where you are not signed off by your supervisor, opportunities may be provided for additional or remedial work to enable you to attain the required level of competency, but there is no obligation for this to be provided by your AETO.

1.32 If you are not signed off, we should be informed by emailing [email protected]. 

Plagiarism and cheating

1.33 Plagiarism or cheating (eg plagiarism of another pupil’s work, submitted for an assessment) must be properly reported and investigated. If you have been Called to the Bar, acts of plagiarism and/or cheating must be reported to the BSB by you or somebody else in the AETO. If you have not yet been Called to the Bar, acts of plagiarism and/or cheating must be reported to your Inn and may be a reason for disciplinary action by the Inn.

Transferring pupillage

1.34 If the need arises for you to transfer from one AETO to another during any stage of your pupillage, it is likely that the new AETO will need to apply for a waiver of the pupillage advertising requirements. 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.

• Pupillage Funding and/or Advertising Requirements – Application Form
• Pupillage Funding and/or Advertising Requirements – Application Guidelines

1.35 The former AETO must make available copies of their training records to date to you and the new AETO. 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.

2.1 We encourage flexibility in the delivery of pupillage, in order to ensure that pupils can get the range of experience that is necessary to demonstrate the requirements of the Professional Statement. 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.

2.2 All secondment arrangements should be reported to us for authorisation. Recurring arrangements should be approved through the AETO authorisation process. One-off secondments should be reported to the Authorisations Team by emailing [email protected] to consider whether this constitutes a variation in the terms of authorisation as an AETO.

Governance arrangements

2.3 When you are seconded, as a pupil, the AETO will ultimately be responsible for your training while on secondment. AETOs should consider and document respective responsibilities in an agreement with the host organisation. Considerations include:

• what the objectives of the secondment are and specifically what training will be delivered to meet those objectives;
• what arrangements are in place to monitor the quality of training received by pupils whilst on secondment or where training is delivered by another organisation;
• opportunities for pupils to provide the AETO with feedback about the standard of training;
• how pupils will be assessed while on secondment, particularly in relation to the competences in the Professional Statement, and how that will be communicated to the pupil and the AETO;
• funding arrangements;
• insurance arrangements; and
• what clients of the host organisation will be told about the pupil’s status. 

Conflicts of interest

2.4 If there is any risk of conflicts of interest between the AETO and the host organisation (for example secondments between chambers and the Crown Prosecution Service), the agreement should ensure that:

• Whilst seconded, the pupil barrister owes all relevant duties to the host organisation and the client;
• Responsibility for assessing performance during the secondment lies solely with the host supervisor;
• Information that the host organisation has that might create a conflict of interest within the originating AETO is not shared; and
• Whilst seconded, the pupil barrister will not be able to access the originating AETO’s digital systems or confidential information.

2.5 Such arrangements are intended to mitigate the risk (or the perception) that you, as a seconded pupil, might act otherwise than in accordance with your regulatory obligations – in particular that you act independently and in your clients’ best interests. 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.

2.6 We must consider any complaint, if one were made, on a case by case basis; we take a risk-based approach, taking into account the level of harm caused and the extent to which a pupil has taken all reasonable steps to ensure compliance with the BSB Handbook. 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. We would only seek to take enforcement action if we were satisfied that there had been a substantive breach of some other rule or core duty (for example, if the pupil barrister had acted in circumstances where there had been a breach of rules regarding conflicts, acting in the client’s best interests or acting independently). We believe it is possible for such risks to be overcome by ensuring appropriate protocols are in place and ensuring that the instructing solicitor is satisfied that the arrangements are in the client’s best interests.

Summary of requirements and changes

3.1 The Curriculum and Assessment Strategy sets out information relating to all three components of training to be a barrister. It includes a mapping document which outlines which competences in the Professional Statement should be covered at each stage of a prospective barrister's training journey. All AETOs must adhere to the relevant parts of the Curriculum and Assessment Strategy for the components they deliver.

This section includes information on: when the term ‘barrister’ can be used; completion of the two periods of pupillage; and authorisation to practise during each period.

Index for this section:

1. When can the term “barrister” be used?               

2. The non-practising period of pupillage                  

3. The practising period of pupillage 

Unregistered barristers

1.1 You may become, and remain, an unregistered barrister without undertaking pupillage. 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.

1.2 Further guidance about unregistered barristers is available on our website.

Practising barristers

1.3 You will be practising as a barrister if either you hold yourself out as a barrister or exercise a right that you have by reason of being a barrister, in connection with the supply of legal services.

1.4 A practising certificate is required to practise as a barrister. 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.

Accepting instructions in the non-practising period of pupillage

2.1 As a pupil in the non-practising period, you will not hold a practising certificate. 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 C116 of the BSB Handbook. As a pupil undertaking a noting brief, you may describe yourself as a pupil barrister in this instance. 

Undertaking work outside of pupillage in the non-practising period of pupillage

2.2 As a pupil in the non-practising period, you may provide unreserved legal services in any other capacity. 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.

2.3 As a pupil, you may take part time work with the permission of your pupil supervisor, provided it does not materially interfere with your training. 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.

Completion of the non-practising period of pupillage and applying for the Provisional Practising Certificate

2.4 It is a breach of the BSB Handbook to practise as a barrister without a practising certificate. 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 2007). For these reasons, practising pupils are issued with Provisional Practising Certificates.

What pupil supervisors must do at the conclusion of the non-practising period of pupillage

2.5 At the successful conclusion of the non-practising period of pupillage, your pupil supervisor must complete the Non-practising period completion form. Your pupil supervisor must not confirm that requirements have been met if you have not reached the required standards.

2.6 If your pupil supervisor is unavailable to sign the form, the Head of Pupillage or the Head of Chambers, or equivalent, may sign the form confirming completion, provided that they provide reasons why your pupil supervisor was unable to sign and are satisfied the requirements have been met.

2.7 It is your responsibility to submit the form to us.

What pupils must do at the conclusion of the non-practising period of pupillage

2.8 You should submit the completed form promptly by email to [email protected].

2.9 There is likely to be a short delay between completion of the non-practising period and when you will be able to exercise a right of audience as part of the practising period of your pupillage. 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.

2.10 If your pupil supervisor is prepared to sign the form in advance, we will accept the signed form one week in advance. The form will still need to indicate the full dates of the non-practising period.

2.11 The relevant compulsory course(s) must be satisfactorily completed by the end of the non-practising period of pupillage - see Part 4J of this Bar Qualification Manual. If these courses have not been completed during this period, the non-practising period of pupillage will need to be extended accordingly.

What we do at the conclusion of the non-practising period of pupillage

2.12 If we are satisfied that you have satisfactorily completed the non-practising period and registered a practising period of pupillage, we will issue a Provisional Practising Certificate electronically. This allows you to practise in the practising period of pupillage.

2.13 We no longer issue a Provisional Qualification Certificate for the practising period of pupillage.

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).

Overview

1 The rules regarding exemption from any of the individual components of Bar training are set out in the BSB Handbook at Rules Q7-Q12.

2 In addition, Rules Q13 to Q28 cover exemptions relating to:

• Qualified Foreign Lawyers (QFLs)
• Qualified European Lawyers (QELs)
• Registered European Lawyers (RELs)
• Transferring Solicitors
• Teachers of the law of England and Wales
• Individuals who have been granted rights of audience by another Approved Regulator.

3 The types of exemptions available and the application processes are explained in Parts 7B and 7C of this Bar Qualification Manual.

Other variations and reductions in pupillage

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.

We are aware that it can be very difficult for pupils to blow the whistle when things go wrong. They are in a very vulnerable position because of the competition for pupillages and do not want to jeopardise their chances of completing theirs. Many are going through pupillage as the only pupil in the AETO, which can be isolating. We know that some pupils face difficulties with behaviour of barristers and others in the AETO, quality of their training, fair distribution of work, bullying and harassment. AETOs, pupillage committees and pupil supervisors must ensure that pupils are able to raise any concerns without fear of retribution.

Before pupillage starts

1 Pupils are often recruited a long time before the start date of the pupillage. Our Supervision team has observed that, where the communication between the pupil and AETO breaks down, lack of communication during this period can be an important factor. In particular, lack of timely information about the start date of the pupillage can create significant stress for pupils who are in employment and depend on the salary that it brings. It can also create logistical problems for pupils who are relocating and need to give notice on current accommodation and find somewhere new to live.

Induction

2 A structured induction process, with supporting information (key organisational policies and procedures) helps pupils to settle in to the AETO quickly and build effective working relationships. It should be designed to introduce pupils to key people in the organisation, explain the way that the organisation operates, the type of work that it does, how the training is organised and how pupils are assessed.

3 As a pupil, you should discuss in advance with your supervisor what is expected from you, whether you are in the AETO, in a conference, in court or carrying out legal research.

Understanding how chambers function

4 The way that chambers are administered varies according to size, area of practice and the extent to which information technology is used. In smaller chambers, members carry out administrative functions themselves. As a pupil, you should learn as much as possible about chambers administration, both to build effective working relationships during pupillage and to provide insight into life as a tenant.

5 It is particularly important that as a pupil you understand the role and function of barristers’ clerks. A clerk usually maintains diaries of work, liaises with courts, solicitors and other chambers, negotiates and recovers fees and promotes barristers.

6 Many clerks are members of the Institute of Barristers’ Clerks and have a variety of qualifications and experience. The most senior clerks will have significant responsibilities, including a strategic role in the management and development of chambers as a whole. Some chambers have practice managers or chief executives, who take on a strategic role in the management and development of chambers. Many of these are members of the Legal Practice Managers Association.

7 In the non-practising period, as a pupil, you should aim to develop a good working relationship with the clerks in preparation for when you are working on your own account. The clerks may also be able to let you know if other members of chambers, particularly the junior tenants, are appearing in any cases that your pupil supervisor thinks would be useful for you to attend. The clerks should be kept informed of pupils’ movements if they need to leave chambers and be provided with contact numbers in case they need to get in touch with pupils outside office hours. As a pupil, you must also let the clerks, as well as your supervisor, know if you are not able to come into chambers for any reason.

8 During the practising period, as a pupil, you will need to establish whether you are required to pay clerks’ fees. Chambers vary in their requirements, but pupils must be clearly informed whether or not clerks’ fees are payable and, if so, on what basis, before they receive any instructions on their own account. You may also be required to contribute towards photocopying and other administrative costs, but you should not be asked to pay any rent.

9 The Equality and Diversity Rules of the Code of Conduct require that the allocation of unassigned work is monitored and that pupils are given fair and equal access to the opportunities available in chambers.

10 It is vital during this period of pupillage that, as a pupil, you keep clerks informed of your whereabouts and also warn them of any commitments that may affect your availability.

Understanding the organisation in the Employed Bar

11 The way AETOs in the employed bar operate will vary enormously, according to size, organisation structure and area of practice. As a pupil, you should learn as much as possible about the organisation, both to build effective working relationships during pupillage and to provide insight into life as an employee after pupillage.

Gaining adequate experience during pupillage

12 The purpose of pupillage is to provide work-based training in legal work under supervision, as set out in the Curriculum and Assessment Strategy, in order to demonstrate (as a minimum) the competences to the threshold standard in the Professional Statement. The imposition of unskilled work on pupils is inappropriate (eg excessive photocopying, running shopping errands).  Requiring pupils to carry out work as a paralegal where there is insufficient focus on meeting the competences in the Professional Statement undermines the purpose of pupillage.

The role of the pupil supervisor during the practising period of pupillage

13 Although pupils will do work of their own during the practising period, this is still part of pupillage training.

14 Before doing a case of your own, as a pupil, you should consult your pupil supervisor for advice and guidance and your pupil supervisor should provide an opportunity for discussion afterwards. Supervisors should make time available to observe their pupils’ performance in court. This will assist both supervisor and pupil to identify strengths and weaknesses in their competences.

15 When not undertaking your own work, as a pupil, you will be expected to attend court or conferences with your pupil supervisor and continue to assist with their paperwork as part of training.

Advocacy competences

16 If you are undertaking pupillage in an AETO with limited opportunities to take on advocacy work of your own, the AETO should ensure that the pupillage training programme is designed to enable you to meet the relevant competences in the Professional Statement. AETOs should be clear how sufficient practical experience of advocacy can be otherwise obtained, eg through a placement at a chambers or other organisation, or undertaking pro bono work.

Appraisal and feedback

17 Appraisal and feedback mechanisms (see Part 4J of this Bar Qualification Manual) should be a two-way process that provide you with the opportunity to flag any difficulties or concerns with your progress, your work, the supervision you are getting or relationships with others in the AETO. They should provide the opportunity for you and your pupil supervisor to work together to address them.

Policies and sources of help and information within AETOs

18 While the pupil supervisor should provide appropriate advice, support and guidance, and do all that they can to ensure that, as a pupil, you feel comfortable to reflect openly about your progress or any issues that are worrying you, the reality is that, for a range of reasons, you may not always feel comfortable doing so. This may be because you are worried that it could jeopardise your supervisor signing off your pupillage, or it may be that you have concerns about the quality of your training.

19 AETOs should establish policies and processes that enable you, as a pupil, to approach others in the event that you feel unable to deal with problems by raising them with your supervisor. This might include:

• Providing routine opportunities to speak to nominated officers such as the Head of Pupillage, the Head of Chambers, the Equality and Diversity Officer, the Human Resources department or others in the AETO.
• Enabling you to provide feedback about your training to the AETO in a safe environment.
• Mentoring or buddy arrangements with a recently qualified barrister with whom you may feel more comfortable discussing your day-to-day concerns.
• Organisation-wide acceptable behaviour policies that extend to social events.

Grievances and harassment

20 The BSB requires AETOs to have a number of key policies and processes in place to ensure transparency and fair treatment of pupils, and to provide mechanisms to resolve problems promptly. The policies and procedures should be provided to you with the written agreement (see Part 4D of this Bar Qualification Manual) and explained to you at the beginning of your pupillage. The grievance procedure should set out clearly what needs to be done in order to invoke the procedure and how the procedure operates. The method of final appeal should be identified in the grievance procedure. The overarching aim should be to resolve grievances both fairly and on a timely basis, through discussion, at the point at which they occur.