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The Pupillage Funding & Advertising Panel of our Qualifications Committee deals with applications for waivers from Pupillage Funding and Advertising Requirements.
Nature of Application
Brief Summary
1 Funding
Applications for waiver of The Pupillage Funding and Advertising Requirements 2003 which requires all pupillages to be funded to a minimum level and for payment of other pupillage costs and expenses
2 Advertising
Applications for waiver of The Pupillage Funding and Advertising Requirements 2003 which requires all pupillages to be advertised in accordance with the Regulations
General
1.1 In these Notes, the Bar Training Regulations (September 2009) are referred to as "BTR" and the Code of Conduct of the Bar Council of England andWales is referred to as "the Code of Conduct".
1.2 These Notes set out the criteria and guidelines which the Pupillage Funding & Advertising Panel and/or the Full Committee applies in considering such applications, and should be read carefully and in conjunction with Annexe R of the Code of Conduct and the Application Form.
1.3 Neither the Pupillage Funding & Advertising Panel nor the Qualifications Committee is empowered to review the Code of Conduct.
How applications are dealt with
2.1 Applications must be made in writing on the appropriate and current Application Form. The completed application form should be accompanied by any supporting documentation. Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made.
2.2 Applicants who may have particular difficulties in following the standard application procedure or need reasonable adjustments related to a disability may contact the Secretary to the Qualifications Committee to discuss how these needs can be met.
2.3 All applications contain a declaration that the applicant has read, understood and complied with these Criteria and Guidelines.
2.4 Applications are considered and determined by the Pupillage Funding & Advertising Panel of the Qualifications Committee, which is one of the regulatory committees whose work is overseen by the Bar Standards Board. The Qualifications Committee's powers to approve the applications made to the Pupillage Funding & Advertising Panel are set out in 5(f) Annexe R of the Code of Conduct and in CR58.
2.5 The Qualifications Committee comprises both barristers and lay members. All applications are dealt with in the first instance by the Pupillage Funding & Advertising Panel of the Qualifications Committee, members of which Panel are all members of the full Qualifications Committee. References in these Notes to the Qualifications Committee should be read as including a reference to the Pupillage Funding & Advertising Panel unless otherwise expressly stated.
2.6 All applications are dealt with on paper only.
2.7 An applicant must ensure that all supporting evidence is sent with the Application Form, and any failure to do so may result in delays in dealing with the application, or in cases of refusal to provide such evidence, the Qualifications Committee reserves the right to reject such applications. In every case, the Qualifications Committee has the power to request further information or documentation be supplied in support of an application, but applicants should note that it is the primary responsibility of the applicant to provide all relevant information and supporting evidence rather than the task of the Qualifications Committee to ask for it.
2.8 However, applicants should exercise judgement when selecting supporting evidence and ensure that only documentation that is relevant to the criteria set out in this document is supplied. In particular, it is usually not appropriate to supply examples of work. Any applicant who does supply such examples must ensure that documents that refer to third parties (eg clients) are suitably redacted so as to ensure anonymity.
2.9 The Qualifications Committee will take into account all the circumstances of the particular application and will apply the guidelines set out in these Notes. The Pupillage Funding & Advertising Panel may make a decision on any application or may refer any particular application or part thereof to the full Qualifications Committee for consideration and decision.
2.10 All applications will be acknowledged in writing within 10 days of receipt.
2.11 The Qualifications Committee Panels normally deals with all applications within 8 weeks of receipt and notifies applicants of its decision within 10 days of a decision. Should it not be possible to deal with an application within this timescale, the applicant will be notified.
2.12 The Qualifications Committee will treat all applications and any supporting documentation provided in the strictest confidence.
2.13 If you have enquiries about applications whether proposed or pending please contact us
Reviews and Appeals
3.1 Any applicant who is dissatisfied with a decision of the Pupillage Funding & Advertising Panel may request a review of the decision by the full Qualifications Committee.
3.2 Any request for a review must be made on the designated application form within one month of notification of the relevant decision. All requests will be acknowledged in writing within 7 days of receipt.
3.3 All reviews are dealt with on paper only and must be accompanied by a cheque for the requisite fee, currently £200, made payable to the General Council of the Bar.
3.4 The Qualifications Committee deals with reviews of decisions of the Pupillage Funding & Advertising Panel as if the application was being dealt with afresh by the Qualifications Committee, applying the guidelines set out in these Notes. The Qualifications Committee shall be entitled to have such regard to the Pupillage Funding & Advertising Panel's decision, and to uphold, vary or take into account such decision, as in its absolute discretion it feels appropriate.
3.5 The Qualifications Committee normally deals with all review requests within 10 weeks of receipt and notifies applicants of its determination within 10 days of a decision. Should it not be possible to deal with a review within this timescale, the applicant will be notified.
3.6 If you havel enquiries about reviews whether proposed or pending please contact us.
3.7 Where the full Qualifications Committee has determined a review of a decision of the Pupillage Funding & Advertising Panel, there is no procedure under the BTR for an appeal to the Qualifications Committee or the Bar Standards Board from such determination. However, the Qualifications Committee may review its own decisions (including a decision on a review) under BTR 99 but is not obliged to carry out such a further review. Any person dissatisfied with a determination of the full Qualifications Committee is advised to take independent legal or other appropriate advice.
3.8 BTR 102 provides that where the BTR provide for a review by the BSB of a decision, no appeal may be made to the Visitors to the Inns of Court unless such a review has taken place.
3.9 BTR 103 provides that subject to BTR 102, a person or organisation who is adversely affected by a decision of the BSB may appeal to the Visitors of the Inns of Court in accordance with the Hearings before the Visitors Rules.
B. Criteria for applications
1
Funding
Introduction
1.1 Applications for waivers from the Funding requirements, which are set out in Annexe R of the Code of Conduct, must be made by the relevant set of chambers and not by the pupil in question (if there is one).
1.2 The application should be made on the appropriate prescribed form in typescript. The completed form should be accompanied by any supporting documentation.
Requirements and General Guidelines
1.3 An applicant will be required to provide the following information and documentation:
1.3.1 Details of how many pupillages chambers offered in the 3 years prior to the current year, and details of the financial arrangements in respect of each pupillage
1.3.2 The reasons why chambers wishes to offer an unfunded pupillage
1.3.3 A full and detailed explanation, supported by relevant documentation, explaining why chambers is unable to meet the minimum funding requirement set out in the 2003 Regulations, and setting out what financial arrangements chambers is able to provide for each pupillage place (for example, awards, guaranteed receipts, loans, fees for compulsory pupillage courses, travel expenses and so on)
1.3.4 A copy of chambers' Pupillage Policy Document and Pupillage Checklist to be used by the pupil
1.4 The general intention behind the minimum funding requirement is that all pupillages to which the Requirements apply should be funded unless there are good reasons to the contrary. Therefore the onus will be placed firmly upon the chambers seeking the waiver to show why those Requirements should be waived. Further, waivers will not be granted lightly but only in exceptional cases where good cause is clearly demonstrated.
1.5 The Panel is also anxious to ensure fairness between sets of chambers when granting waivers. By granting a waiver to a particular set, that set should not be given a competitive advantage over similar sets which comply with the Bar Standards Board's funding policies.
1.6 The Panel normally draws a distinction between cases where the prospective pupil intends to practise at the bar inEnglandandWalesand cases where the prospective pupil has no such intentione.g.overseas barristers who will return to practise in their home jurisdictions. In the former case, more compelling reasons for the grant of a waiver will be required in order to ensure that, as far as possible, there is a level playing field for all those competing for the opportunity to do pupillage with a view to entering practice. In the case of those not intending to practise at Bar of England andWales, the Panel would generally grant a waiver for reasons explained below.
1.7 The Panel will not be prepared to grant a waiver simply on the grounds that the prospective pupil is willing and able to fund him/her self through pupillage. To do so would undermine the whole scheme of compulsory funding and benefit those from more affluent backgrounds, who (or whose family) can afford to provide finance during pupillage.
1.8 Before granting a waiver, the Panel will be anxious to ensure that the prospective pupil will receive appropriate training in pupillage. This factor will be particularly important in any application for waiver based upon the small size of chambers or its low income. In these cases, the Panel will look carefully at the number of tenants, their seniority, the range of their experience, the Pupillage Policy Document and matters covered in the Pupillage Checklist, the chambers' location and relevant reports (if any) from pupillage monitoring panels.
1.9 An application for a waiver to the requirement to guarantee income in the second six months made by chambers on the grounds of low income is unlikely to be granted in the absence of very strong reasons. In this type of case, we again have concerns about the nature of the experience being provided.
1.10 An application for waiver from a small set is more likely to succeed if the prospective pupil is clearly recruited with a view to tenancy and some form of financial assistance is provided to the pupil.
1.11 The Panel considers that it is important to ensure that there is fairness between all pupils within a set of chambers. Therefore, if a waiver is granted in respect of a pupil in a set of chambers where there are other funded pupils, no further distinction should be made in respect of that unfunded pupil as far as the training and experience provided by those chambers to its pupils.
1.12 A waiver from the requirement to make an award AND to pay reasonable expenses will only be granted in the most exceptional cases.
1.13 Overseas Students
If chambers are making an application in respect of a prospective pupil who, at the end of the pupillage, will return to his or her home jurisdiction, the Panel is likely to grant the application provided it is satisfied that:
1.13.1 The pupil really intends to return to the home jurisdiction - i.e. this is not a back door means of getting an unfunded pupillage;
1.13.2 The chambers will provide a proper pupillage;
1.13.3 The potential pupil will not suffer unnecessary hardship.
1.14 Persons already holding a professional qualification
An application for a waiver in respect of a person who already has another professional qualification will be sympathetically considered if:
1.14.1 The person concerned does not intend to enter self employed practice at the Bar or
1.14.2 If he does intend to enter practice, he will practice in an area where his other professional qualification is likely to be of particular value.
1.15 The Panel will need to see clear evidence that the person for whom the waiver is being sought is of high calibre, and comparable in standard to others who secure pupillage.
1.16 Sponsored pupils
Please see separate guidance on Transferring and Sponsored Pupillages.
1.17 It will be apparent however that applications where the proposed pupil is intending to practise at the Bar of England andWales, and does not already hold another professional qualification, will be subject to particularly close scrutiny.
2
Advertising
2.1 Applications for waivers from the Advertising requirements, Annexe R of the Code of Conduct, must be made by the relevant set of chambers and not by the pupil in question (if there is one).
2.2 The application should be made on the appropriate prescribed form in typescript. The completed form should be accompanied by any supporting documentation. Please note that applications will only be processed if made using the version of the appropriate Application Form current at the time the application is made.
2.3 An applicant will be required to provide the following information and documentation:
2.3.1 Details of how many pupillages chambers offered in the 3 years prior to the current year, and details of where these pupillages were advertised and how pupils were recruited
2.3.2 The reasons why chambers wishes to offer an unadvertised pupillage
2.3.3 A full and detailed explanation, supported by relevant documentation, explaining why chambers is unable to meet the advertising requirement set out in the 2003 Regulations, and setting out what financial arrangements chambers is able to provide for each pupillage place (for example, awards, guaranteed receipts, loans, fees for compulsory pupillage courses, travel expenses and so on)
2.3.4 Copies of the Pupillage Policy Document and Pupillage Checklist.
2.4 The general intention behind the advertising requirement is that all pupillages to which the Requirements apply should be advertised on a central website, and that the advertisement should set out standardised information, so that all prospective pupillages are made available for all prospective applicants, and so that all prospective applicants can compare what is available. These requirements should be complied with unless there are good reasons to the contrary. Therefore the onus will be placed firmly upon the chambers seeking the waiver to show why those Requirements should be waived. Further, waivers will not be granted lightly but only in exceptional cases where good cause is clearly demonstrated.
2.5 The Panel is also anxious to ensure fairness between sets of chambers when granting waivers. By granting a waiver to a particular set, that set should not be given a competitive advantage over similar sets which comply with the Bar Standards Board's funding policies.
