SQE: A Benefit or Detriment to Diversity and Inclusiveness?
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In light of Black History Month, examining the Solicitors Qualifying Examination (SQE) and its implications for diversity and inclusion in the legal field is important. Recent reports from the Solicitors Regulation Authority (SRA) have highlighted disparities in pass rates, particularly among Black candidates. Many articles have explored the SQE and its impact on diversity and inclusiveness in the legal industry. As someone currently studying for the SQE and part of the BAME community, I believe it is important to examine how the SQE may affect ethnic students entering the legal profession.
What is the SQE?
The SQE is a qualification process for solicitors in England and Wales and is an alternative to the Legal Practice Course (LPC). The transition from the LPC to the SQE will be completed by 2032. It consists of two main components:- SQE1: A test of functional legal knowledge delivered through single best-answer questions. The assessment will cover modules studied in an undergraduate law degree, conversion course, and the vocational practice areas in stage 1 of the LPC.
- SQE2: A practical assessment that assesses practical and essential legal skills, such as interviewing, legal drafting and advocacy.
For those who have not secured a training contract after their undergraduate studies, the SQE appears to be the more favourable option, as prior legal employment can count towards their QWE. Additionally, the SQE seems to provide a quicker route to qualification. While the LPC typically lasts for one full academic year, it’s possible to prepare for the SQE in a shorter timeframe since the syllabus does not include elective content.
Key Statistics and Achievement Gaps
The latest SRA report, detailing the results from July 2023 (SQE1) and April 2023 (SQE2), highlights trends in pass rates. The SQE1 showed a slight improvement, with 53% of first-time candidates passing, up from 51% in January. However, the national average for Black/Black British candidates remains at 31%. This highlights the ongoing challenges that Black students face in pursuing careers in law.These insights from the latest SRA report are quite concerning, particularly regarding the pass rates for Black and Black British candidates. While it is encouraging to see a slight improvement in the overall SQE1 pass rate, the fact that only 31% of Black candidates are succeeding underscores the potential barriers they face in entering the legal profession.
Factors Affecting Performance
Research commissioned by the SRA from the University of Exeter seeks to investigate the underlying factors contributing to these disparities. Initial findings suggest that several elements influence exam success, including:- Socioeconomic Status;
- Educational Experiences; and
- Perceptions of Barriers
Encouraging Trends in SQE2
The SQE2’s overall pass rate has risen from 71% in October 2022 to 77% in April 2023. This increase is promising, especially as more candidates progress through the SQE route. However, pass rates for Black/Black British candidates continue to be concerning, at 53% and 52% for the respective sittings - still below the national average.
