Annex I       Use of learning outcomes, competencies and standards in LSET for the regulated professions

NB: some of the higher level statements allow accredited providers to set more specific learning outcomes beneath them, or provide guidance or assessment criteria. In other cases there is a single provider and as far as publicly available, that provider’s learning outcomes are stated. Some outcomes relating to ethics include equality and diversity issues, whilst others treat this as a separate topic.

 

Prequalification programme Use of outcomes etc NQF level Example: legal ethics (or nearest equivalent)
QLD/GDL JASB Yes at a broad level (individual institutions provide more detail and assessment criteria) NQF 4-6 (6 for GDL) Students should have acquired:.The ability to demonstrate knowledge and understanding of a wide range of legal concepts, values, principles and rules of English law and to explain the relationship between them in a number of particular areas
QLD/GDL QAA Yes at a broad level (individual institutions provide more detail and assessment criteria) NQF 4-6 (6 for GDL) A student should demonstrate a basic knowledge and understanding of the principal features of the legal system(s) studied. They should be able to:.demonstrate knowledge of a substantial range of major concepts, values, principles and rules of that system
BPTC Yes, prescribed by regulator NQF 6-7 By the end of this unit the student will be able to:1. understand and appreciate the core professional values which underpin practice at the Bar ofEngland and Wales, particularly the additional moral responsibilities held by the profession (over and above the population in general) due to decision-making roles, functions and authority which are key to practice at the Bar

2. correctly identify issues of professional ethics and conduct which appear in given situations as likely to arise in a barrister's practice (eg conflict of interest)

3. demonstrate a sound working knowledge of the provisions of the Code of Conduct of the Bar of England and Wales, including the equality and diversity rules, and demonstrate existing and future adherence to that Code

4. demonstrate the capacity to provide a professional and responsible approach to clients who place trust in the profession on the basis that the service provided will be of benefit

5. display a professional and responsible approach to the course, staff and other students, and to observe the Code of Practice in order to prevent exploitation of clients and preserve the integrity of the profession, maintaining the public's trust and ensuring continuance of the provision of service

CILEx level 3 Yes, mapped to NOS NQF 3 The learner will:
1 Understand the professional requirements of a client care interview
2 Understand the relevant professional requirements of client care communications
3 Understand the relevant issues and rules governing the relationship with the client

[more detailed assessment criteria are then provided]

CILEx level 6 Yes, mapped to NOS NQF 6 The learner will: .
3 Understand professional conduct issues arising in practice
4 Understand the importance of client care within legal practice

[more detailed assessment criteria are then provided]

 

Prequalification programmes Use of outcomes etc NQF level Example: legal ethics (or nearest equivalent)
ACL modular course (costs lawyers, accredited by CLSB) Yes, both generically for the programme and for each module Not stated At the conclusion of this section you will understand the importance of acting ethically in practice, complying with fiduciary duties, dealing with complaints and be able to act professionally the standards required of a Costs Lawyer.You will be able to apply the ethics and standards learned in the work that you do.
CLC foundation and final level Yes 4-6 No specific outcome but positive certification required on completion of practical training
UCL Notarial Practice Course (accredited by Master of the Faculties) Yes NQF 7 Students should have a knowledge and understanding of:the Notaries Practice Rules and other rules and regulations, .the notary's function in preventing money laundering.
Joint Examination Board for Patent Attorney foundation and advanced level Yes (described both in terms of knowledge and understanding required and as 'competencies tested') Themes and success criteria are stated. Not stated Not publicly stated.
Queen Mary Certificate in Trade Mark Law and Practice Yes NQF 7 N/A.
NTU Professional Diploma in Trade Mark Law and practice Yes NQF 6-7 Exercise appropriate professional management, conduct and ethics skills with responsibility and with independence and accountability
LPC Yes, prescribed by regulator NQF 6-7 (may vary by institution) On completion of Stage 1 students should be able to identify and act in accordance with the core duties of professional conduct and professional ethics which are relevant to the course.[specific sub-outcomes are then set out for the principles, the code of conduct, money laundering, financial services and solicitor's accounts]

 

 

 

Periods of supervised practice Use of outcomes etc NQF level Example: legal ethics (or nearest equivalent)
Pupillage Standards prescribed by regulator Not stated A Code of Conduct and fitness to practise
1. have detailed working knowledge and understanding of the code of conduct and the written standards for the conduct of professional work.

2. demonstrate the skills and competencies as appropriate to holders of the practising certificate in terms of the Code of Conduct; apply the Code of Conduct to self

3. be deemed competent in terms of fitness to practise, by demonstrating that he/she is fit to do so in terms of the Code of Conduct, and able to represent clients and members of the public

4. recognise reputational risk in behaviour outside professional work/life and behave accordingly

5. have detailed knowledge and understanding of what action to take and what consequences may arise if a complaint is made or a barrister is asked to give a witness statement, provide evidence, or withdraw etc

B Ethics

1. have knowledge and understanding of ethical values (including duty to the client and to the court)

2. have a systematic understanding of relevant knowledge and ethical principles in law and practice, together with a full understanding of techniques applicable to practice at the Bar of England and Wales

3. be honest and straightforward in professional dealings, including with the court and all parties

4. must demonstrate (and implement) an understanding of equality, diversity and cultural issues

CILEx qualifying employment (current model) N/A Not stated N/a
CILEx qualifying employment (from 2013) Yes, outcomes prescribed by regulator Not stated By the end of the period of qualifying employment you must be able to:

6.1 Apply the rules of professional conduct appropriately to relevant situations

6.2 Provide appropriate information to clients and service users

6.3 Understand the need to avoid discrimination and promote equality and diversity

CLSB qualifying employment Not publicly stated Not stated
CLC practical training Not publicly stated, although a checklist of activities is used Not stated No specific outcome but positive certification required on completion of practical training
Notarial practice under supervision A number of mandatory courses (which may be tested) are prescribed by regulator Not stated The supervisor has a particular obligation to 'ensure (so far as he is able) that the supervised notary is aware of, and complies with, all Rules and Orders made by the Master under section 57 of the Courts and Legal Services Act 1990, and conducts himself in a manner calculated to maintain the reputation of the office and profession of a public notary'
Patent and registered trade mark attorneys Not publicly stated although checklist of activities may be available. Not stated
Training Contract Practice skills standards prescribed by regulator Not stated No separate standard relating to professional code or to ethics. Some references in other topics, such as:
  • The importance of keeping clients regularly informed of the progress of a matter and the client care procedures in Rule 15 should be emphasised to trainees.
  • They should be given work that helps them understand the need to .establish a professional relationship with the client,
SRA WBL pilot Yes, outcomes prescribed by regulator Not stated . a successful candidate should be able to

8.1 interpret any situation in the light of solicitors' core duties and any other relevant professional conduct requirements, and act accordingly

8.2 exercise effective judgement in relation to ethical dilemmas and professional conduct requirements.
QLTS Yes, 'day one outcomes' prescribed by regulator Not stated A3 Knowledge of the rules of professional conduct, including the SRA Accounts Rules

F1 Knowledge of the values and principles upon which the rules of professional conduct have been developed

F2 Ability to behave professionally and with integrity

F3 Ability to identify issues of culture, disability and diversity

F4 Ability to respond appropriately and effectively to the above issues in dealings with clients, colleagues and others from a range of social, economic and ethnic backgrounds

F5 Ability to recognise and resolve ethical dilemmas

 

 

 

Examples of use of outcomes in specialist accreditations[1] Use of outcomes etc Example: legal ethics (or nearest equivalent)
NB: 'outcomes' are here to be contrasted with 'outputs' in CPD terms.
APIL certificate in personal injury law Publicly stated as content coverage for each module Not publicly stated
BSB Public Access courses Yes Upon completion of training, barristers will be able to:
  • Understand the circumstances in which a client's best interests would be served by the instruction of a solicitor;
  • Understand when it would be in a client's best interests to refuse instructions or withdraw from a case;
    • Interact appropriately and effectively with lay clients in:
      • Making initial contact and establishing a relationship;
      • Discussing, explaining and agreeing fees;
      • Explaining the role of a barrister and discussing whether it might be in the client's best interests to instruct a solicitor;
      • Understand the relevant considerations for instructions from intermediaries;
      • Write appropriate letters and manage systems for keeping files; and
      • Apply and adhere to the Proceeds of Crime Act 2002 and the Money Laundering Regulation 2007.
SRA Higher Rights of Audience competence standards Yes Advocates must be able to
  1. advise the client on suitable representation at court including the possibility of instructing a barrister or a solicitor higher court advocate not from his/her own firm or practice,
  2. resolve issues arising from unintentional or inadvertent disclosure of confidential or privileged information,
  3. resolve potential and actual conflicts including conflicts arising between the advocate's duty owed to the client and the advocate's duty to the Court,
  4. advise on potential conflicts between acting as an advocate for a client and becoming a potential witness for that client,
  5. recognise when an advocate may become professionally embarrassed and have to withdraw from a case,
  6. advise the client of the advocate's need to maintain professional independence and the associated need to draw any unfavourable law of which the advocate is aware to the attention of the court,
  7. comply with courtroom etiquette.
SRA Standards of Competence for solicitors and representatives advising at the police station Yes (includes underpinning knowledge and skills as well as standards of performance) The solicitor or representative must be able to demonstrate a practical understanding of 1.1.1. ethical rules and principles relevant to advising and assisting a client at the police station .

2.3.7. deal with any ethical problems which may arise when advising the client

The solicitor or representative must act in accordance with relevant ethical rules and principles at all times.

Law Society Criminal Litigation Accreditation Scheme Stated as 'standards of competence' Ethical and contractual rulesCriminal Procedure Rules 2010 (and any successor rules)Law Society Practice Notes
Draft QASA Handbook (July 2012) Statement of standards with separate performance indicators at each level Standard 5: Was professional at all times and sensitive to equality and diversity principles

5.1 Established professional relationships in court

5.2 Observed professional etiquette and ethics in relation to client/third parties

5.3 Was professional at all times

5.4 Observed professional duties

5.5 Observed duty to act with independence

5.6 Advised the court of adverse authorities and, where they arise,

procedural irregularities

5.7 Assisted the court with the proper administration of justice

[standard then includes additional E & D requirements]

 

 



[1] National Association of Licensed Paralegals qualifications involve study, stated learning outcomes and assessment. Institute of Paralegals’ accreditation is by achievement against a competence framework.