Work Based Learning: the Assessment Framework & the meaning of "Competence"
"Competence"
A clear (and logical) consensus appears to be that the test for "competence" should be objective and generic and not competence judged against firm-specific standards. In other words we are looking for the competence that can be expected as standard of all newly qualified solicitors rather than the competence expected of a newly qualified solicitor at a particular firm (which may set its standards much higher than basic competence).
"Competence", then, sounds easy enough on the face of it - but how easy will it be to define in a way that is clear, unanimous and workable? The External Assessment Organisations each developed their own interpretations on what competence means across the 37 WBL outcomes and, not surprisingly, this has led to some very detailed assessment criteria running into dozens of pages. Naturally enough, there is some real concern about how appropriate and workable this would be for Internal Assessment Organisations.
Both NLS and OXILP lobbied for a standard assessment methodology in order to ensure consistency. As External Assessment Organisations, NLS and OXILP have naturally focused on making their assessment processes highly robust, which is essential in order to pre-empt and remove any doubts about the quality of the solicitors they assess as being ready for admission.
Whilst assessment methodologies will - and probably should* - vary to a certain degree amongst assessment organisations, the SRA will need to ensure that all assessment organisations are setting out and interpreting the core competence benchmark in the same way.
[* NLS and OXILP, as External Assessment Organisaitons, have naturally taken an approach driven and informed by higher education norms and principles of assessment. Whilst this approach provides rigour and quality control for the assessment of external candidates, it is debatable the extent to which the same approach is appropriate for in-house assessment by firms who have constant, hands-on, day-to-day dealings with their trainees.]
To speak to us about any Work Based Learning query, or to subscribe to our WBL email updates service and keep fully up to speed with developments, please contact us.