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30 June 2023Influential Women in IPMarisa Woutersen

SRA: key factors behind ‘concerning’ ethnicity results gap

Multiple factors play a role in disparity in results, finds report | SRA pledges solutions and support as a matter of ‘urgency’.

The Solicitors Regulation Authority (SRA) is probing the reasons behind the ‘attainment gap’ for black, asian, and minority ethnic candidates (BAME) in professional legal exams.

The authority’s reports in recent years show that the success rates of BAME students fall consistently below that of white students.

Consequently, the SRA has commissioned a research study to be conducted by the University of Exeter’s schools of law and business.

The initial phase of the study, published this month, revealed the many factors that can influence the different outcomes for those from ethnic minority backgrounds.

Mitigating factors

Key factors affecting exam performance include a lack of support, perceived barriers or opportunities based on ethnicity, experiences within the educational institutions, and life circumstances, it said.

Terminology challenges, as well as socioeconomic and educational backgrounds, also play a role.

For example, BAME students were less likely to obtain a distinction in the legal practice course (LPC) exam than white students in 2020-21, according to the SRA report.

The success rate for the LPC for white students was 62%, while the success rate for British Asian students was 46%, and pass results from mixed/multiple ethnic groups stood at 51%.

Solutions are needed

Paul Philip, chief executive of the SRA, emphasised the urgency of understanding the reasons behind these differential outcomes and finding ways to address them.

“What is clear, even at this early stage, is that the factors influencing the outcomes for candidates are complex and beyond the control of the individuals themselves,” he said.

Philip added: “Getting a greater understanding of the specific situation in the legal sector is an important next step in the research, so that we can help to consider what can be done by us and others, to make the difference we all want to see.”

Greta Bosch, associate professor at the University of Exeter’s school of law, noted: “This is the first systematic literature review to provide extensive cross-disciplinary analysis of differential outcomes in legal professional assessments.”

“Its findings will allow us to identify a set of potential relationships between ethnicity and performance in legal professional assessments that we will go on to test in the next stage of our research," she continued.

As Bosch emphasised, the research conducted by the university will “highlight the lived experiences of individuals alongside focusing on the views and experiences of senior legal educationalists involved with helping candidates prepare for legal qualifications, and senior individuals in law firms responsible for increasing diversity in their firms”.

The research is expected to be completed by the end of 2023, with the final report published in 2024.

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