Bar Standards Board
289-293 High Holborn
London
WC1V 7HZ
By email only to: contactus@barstandardsboard.org.uk
CC: Bar Council Training and Education Committee
Bar Council Young Barristers Committee
1 June 2020
Dear Sir or Madam,
We write to express our concerns regarding the proposed plans for the centralised BPTC exams due to take
place in August 2020.
We accept that the ongoing COVID-19 pandemic necessarily requires the implementation of unproven
measures. However, we are not satisfied that the current arrangements will allow for fair assessment in line
with the vocational training component of the Professional Statement.1 This conclusion is supported by a survey
we have conducted of 335 BPTC students from 8 providers. The results are included in the annex to this letter.
92.6% of those who completed the survey felt that the current arrangements would negatively affect their ability
to perform in the exams. In particular, we have concerns about the lack of prior consultation, the ongoing lack
of information about the exams and the potentially unfair and discriminatory impact of the current proposals.
Our suggested solution is to adapt the exams to an open book format with provision for breaks, which we
believe will address most, if not all, of these concerns, whilst still allowing for a fair and rigorous examination.
Discriminatory impact
The current arrangements for the centralised exams appear to include strict security measures. Whilst we accept
the need for students to be assessed to a high standard, these measures put those with particular protected
characteristics at a disadvantage. This is evidenced by our survey results. These measures cannot be shown to
be a proportionate means of achieving a legitimate aim.2 The lack of clear information about the exams further
compounds this discriminatory impact.
Women
A policy which does not allow for students to leave their computer and take breaks, even to go to the bathroom,
will put women at a particular disadvantage. Women need to empty their bladder more frequently than men 3
and women may get their period during the exam (1 in 240 women will start their period on average in any
given 3-hour period). Multiple women respondents to our survey have also said that they were prone to cystitis
and urinary tract infections, conditions which are known to disproportionately affect women, and which require
frequent bathroom breaks. Sitting exams without the option to go to the bathroom may therefore mean an
unpleasant experience for many women and would certainly have an adverse impact on their exam
performance.
Students with caregiving responsibilities
We consider that the proposed measures put students with caregiving responsibilities at a particular
disadvantage. Further, as women are disproportionately more likely than men to have those responsibilities,
this would amount to a further instance of discrimination against women.
1https://www.barstandardsboard.org.uk/training-qualification/the-professional-statement.html
2Per s 19 and s 20 of the Equality Act 2010.
3 https://pubmed.ncbi.nlm.nih.gov/15643226/
Exams held at home are more likely to be interrupted due to childcare or other caring responsibilities, such as
a child’s cries or their inadvertent entry into the room. This is a particular concern during August, which falls
within school holidays. Usual childcare arrangements are not currently available owing to the continuing
lockdown, and it is not clear what the situation will be in August. The automatic termination of an exam for a
student who has to get up from their computer to address this kind of situation would be a severe and
unjustifiable detriment. Additionally, it is not clear whether any extra time may be allowed to compensate for
time lost when taking “corrective measures” to address any overheard noise.
Disabled students
While the BSB has proposed adjustments for students with disabilities, those proposals do not necessarily avoid
the disadvantages posed by the current exam arrangements and, in some instances, require disabled students to
suffer additional disadvantage.
On the basis of the information so far provided, any adjustments aside from extra time will be administered in
a Pearson VUE test centre. It is not clear whether this would be a Pearson VUE-owned-and-operated centre
and/or include other test centres authorised by Pearson Vue. Attending a test centre will expose these students
to both an increased risk of contracting COVID-19 and to the possibility that they are unable to take their exams
as planned if test centres are closed on public health grounds. Test centres are not accessible for every student
who requires adjustments. Some centres have no car parking available4 or no lifts5. Some students who
responded to our survey will be required to travel to different towns or even countries. This imposes additional
expenses onto the student and may not be possible due to travel restrictions, local measures requiring them to
shield at home or mandatory quarantine periods.
Amongst students who know what their adjustments will be, 61% felt that the arrangements were inadequate.
We are therefore concerned whether the measures currently proposed are sufficient to ensure that students with
disabilities are not substantially disadvantaged.
International students
A number of students with different citizenships and nationalities are likely to take the exams overseas, either
because they have returned home to be better situated during the pandemic or because their visas require them
to leave the United Kingdom before the examination dates.6 Although the BSB has now said that it intends to
provide some flexibility to account for different time zones, it is not clear what measures the BSB plans to put
in place to ensure overseas students are not disadvantaged in other ways. This is particularly important for
overseas students who may need to take an exam at a test centre and who may not be able to travel to one due
to travel restrictions, mandatory quarantine and resource constraints.
Other potential unfairness
In addition to the above, feedback from students has highlighted the following prejudices which could occur as
a result of the planned exam policies. We do not consider that the BSB has fully accounted for these difficulties
when considering exam measures.
Noise policy
Although the noise restrictions have been clarified in the FAQ, the provisions will still disproportionately affect
those with children, noisy neighbours or living in shared accommodation who may struggle to have a private
or quiet room. Such students will face added stress caused by delay and/or the danger of their exam being shut
down.
4 E.g. Pearson Professional Centres - UK Docklands
5 E.g. Pearson Professional Centres - UK Croydon
6 This is the case for 15% of students who answered our survey.
Internet connection
The proposed format is dependent on an internet connection and power supply strong and stable enough to
support continuous video streaming for the duration of the exam, which many students have difficulty in
accessing. 79.1% of respondents to our survey said that they were concerned that their internet might cut out
during the course of a continuous video-stream. This is a particular concern for students taking the exam in
parts of the world which do not have reliable power supply or internet connection.
Breaks
Denying breaks to students for a number of hours will be uncomfortable for everyone sitting the examinations
and adds undue stress at a time of high pressure. Our survey has shown a number of students who have raised
concerns about the lack of breaks due to undiagnosed medical conditions and the circumstances in which they
will be completing their exams.7
Notetaking
Not being able to use paper to take notes during the exams will disadvantage some students, for whom that is
their preferred mode of working. In addition, some students find it very difficult to type fast and will therefore
be disadvantaged by the proposed format of the ethics exam in particular.
Optional Deferral
For those concerned about the potentially unfair or discriminatory impact of the current exam proposals, the
only alternative currently offered is to defer their exams to December. This exposes students to an additional
disadvantage. As highlighted by the responses to our survey, delay will have an impact on students’ ability to
commence pupillage, employment or future academic opportunities, and will mean the expenditure of
additional resources for students in an already difficult position. This will disproportionately affect those with
limited economic means or economic dependents. In addition, the fact that this is the last year of the BPTC in
its current format means that opportunities to re-sit the exam are already reduced for this year’s cohort and
which deferral to December will further impact.
Decision Making
The Bar Standard Board’s Equality and Diversity Strategy 2020-2022 states that the BSB will undertake “an
equality impact analysis for each of [your] projects, policies and initiatives” and that the BSB will “engage a
range of stakeholders in our work on equality and access to justice to ensure that [the BSB] are appropriately
aligning [the BSB’s] objectives with wider issues in the profession.”8 As the BSB sets out on the Equality and
Diversity page of your website,9 you have a statutory regulatory objective to “encourage an independent, strong,
diverse and effective legal profession”, which must necessarily include your approach to those entering the
profession.
It is not clear to students how any of these policies and objectives have been met, including whether the BSB
has met its Public Sector Equality Duty. In particular, there has been no information on what consultation
process was held prior to the decision to hold the exams in this manner. We are unaware of any student
consultation or of the nature of any ongoing consultation with “experts, providers, and others”, as mentioned
in the FAQ.10 In the absence of this information, we are concerned that the decision was made without sufficient
regard to the variety of issues it raises for students. It is not acceptable that students have had to collate their
own data to demonstrate to the BSB the discriminatory impact of their own decision-making.
7 See question 7 of the attached survey results
8 Bar Standards Board, Equality and Diversity Strategy 2020-2022, p7, available at
https://www.barstandardsboard.org.uk/about-us/equality-and-diversity/our-equality-and-diversity-objectives-and-strategy.html
9 https://www.barstandardsboard.org.uk/about-us/equality-and-diversity.html
10https://www.barstandardsboard.org.uk/training-qualification/becoming-a-barrister/vocational-component/covid-19-and-the-
vocational-component-faqs.html
Further information requested
In its original press release, the BSB said that students should expect to receive further information from their
course providers.11 However, there has not been clarification from either the BSB or the providers about how
the BSB intends to address the above concerns.
Although the Bar Standards Board states it is not subject to the Freedom of Information Act 2000, it is its policy
to respond to requests for information in the spirit of that Act.12 Given the above concerns, we ask that the BSB
provide further information on the following points:
1. Whether and to what extent the above concerns, alongside consideration of the BSB’s statutory and
policy aims, were considered when selecting Pearson VUE and OnVUE as testing partners? We ask
that you share any Equality Impact Analysis which was conducted in reaching that decision, alongside
any meeting minutes.
2. What consultation was conducted in making the decision to contract with Pearson VUE?
3. What alternative arrangements did the BSB consider before contracting with Pearson VUE? Please
include details of both the BSB’s appraisal of other online proctoring providers and of a change to other
testing methods such as open book arrangements.
4. When was the decision to contract with Pearson VUE about these exams made?
5. What are the totality of the measures available within the Pearson VUE/OnVUE system to address the
above concerns, regardless of whether the BSB thinks they are reasonable or suitable to implement?
6. What measures does the BSB intend to implement to address the above concerns? Specifically, how
does the BSB propose to deal with any technological failures that may occur during an exam?
7. What assurances does the BSB have that there will be enough in-person testing availability to meet the
needs of those who require adjustments?
Proposed solution
Through conducting a survey of our own, we have found that a large majority of students support a move to
change the August exams to open book conditions. There is also support for the inclusion of breaks. We are
aware that the proposed proctoring service can accommodate for breaks if permitted by the exam-setters.13
An open book exam with provisions for breaks would provide a fairer and more proportionate method of
examination while still ensuring that the examination process maintains the trust the public would be placing
in the profession. Such a move would bring the August exams in line with the administration of most other
BPTC exams during this pandemic and the approach to examining similar subjects by the Solicitors Regulatory
Authority.14 Furthermore, from next year, the new vocational course for those qualifying as barristers will have
a greater focus on exams undertaken in open book conditions.15
We ask that you kindly confirm receipt of this letter and, given the time sensitivity of the issues concerned,
respond as promptly as possible, and no later than 14 days from receipt.
Yours sincerely,
Students Against the BSB Examination Regulations
See a live list of individual and organisational signatories here
11 https://www.barstandardsboard.org.uk/resources/press-releases/bsb-ensures-that-august-centralised-assessments-for-the-bptc-and-
bar-transfer-test-can-be-sat-remotely.html
12 https://www.barstandardsboard.org.uk/how-to-access-information.html
13 Candidate Experience Video on https://home.pearsonvue.com/Test-Owner/Deliver/Online-Proctored.aspx
14 https://www.sra.org.uk/students/resources/legal-practice-course-information-pack/
15 https://www.barstandardsboard.org.uk/training-qualification/information-for-aetos/curriculum-and-assessment-strategy.html
