A new approach to continuing competence

Richard Williams, Policy Associate

Mary Costello, Education Researcher
16 October 2014
Outcomes of the webinar
At the end of this webinar you will understand:
Why we are making changes
When we will make them
How the changes affect you
How you can ensure you can meet your regulatory
requirements
How we will support you
Our purpose
1. To protect consumers of legal services
2. To support the operation of the rule of law and the
proper administration of justice
Question 1
Had you heard about our new approach to
continuing competence before this webinar?
I. Yes
II. No
Why change?
Arbitrary number of hours CPD each year is no
guarantee of competence
Wrong sort of learning and development
behaviour focus on compliance rather than
competence
Blanket approach
New approaches to learning and development
Our new approach
Compliance with Principle 5 in the SRAs Code of
Conduct to deliver a proper standard of service
Reflecting on the quality of practice by reference to
our proposed Competence Statement
Our new approach
Annual declaration that training needs have been
considered and measures taken to maintain
competence
Removal of the current 16 hours requirement
1 November 2014, no requirement to undertake
accredited training
Benefits of the new
approach
Solicitors have freedom and flexibility to
determine the learning they believe is required
to deliver a proper standard of service
The introduction of the Competence Statement
solicitors will have a clear understanding of
what is required to deliver a proper standard of
service
Benefits of the new
approach
Reduces the regulatory burden on firms as
learning and development can be focused
on actual training needs and tailored to
specific roles
Removal of accredited training means that
providers can be innovative in how they
design and deliver training
The Competence Statement
A Competence Statement has been
developed that will set and assure
standards for solicitors
It defines effective performance for
solicitors both at the point of qualification
and throughout their careers
The statement is intended to capture the
key activities which are required for
effective performance as a solicitor
The Competence Statement
The statement has been developed through
an extensive programme of work with
solicitors, consumers and legal educators
The new approach for continuing
competence requires solicitors to consider
their training needs on an annual basis and
to take appropriate measures to maintain
their competence as defined in the
Competence Statement
The Competence Statement
A threshold standard is also defined to
show the minimum standard that is required
at the point of qualification
Consultation on the Competence Statement
launches w/c 20th October
Timetable for new approach
1 November 2014
No requirement to undertake accredited training
Spring 2015
Publication of the Competence Statement for solicitors and the
continuing competence toolkit
1 April 2015
Solicitors can adopt the new approach
1 November 2016
All regulated individuals and entities required to comply with the new
approach to continuing competence
Implementing our new
approach
Until 31 October 2016, solicitors can choose
either:
To follow existing CPD requirements
or
From 1 April 2015, adopt the new approach
Follow existing requirements
Must continue to undertake 16 hours of CPD
A declaration is required that current CPD
requirements have been met for 2014/15 &
2015/16 practising years
No requirement to undertake accredited training
from 1 November 2014
Adopting the new approach
Solicitors can adopt the new approach from 1
April 2015
Continue to meet current regulatory requirement
to deliver a proper standard of service
Reflect on quality of practice and flexibility to
address identified learning and development
needs
Compliance with Competence Statement
Adopting the new approach
No pro rata of 16 hours before adopting new
approach
No requirement to undertake accredited training
from 1 November 2014
Must be able to demonstrate that learning and
development has been considered and
appropriate steps taken to ensure competence
Adopting the new approach
If the new approach is adopted before 31
October 2015:
Annual declaration required that consideration has
been given to learning and development needs and
steps taken to ensure you maintain your competence
for 2014/15 and 2015/16 practising years
Adopting the new approach
If the new approach is adopted after 31
October 2015:
A declaration is required that current CPD
requirements have been met for 2014/15 practising
year
A declaration is required that consideration has been
given to learning and development needs and steps
taken to ensure you maintain your competence for
the 2015/16 practising year
How to adopt the new
approach
Solicitors are not required to notify us of the
approach they decide to take
Can adopt the new approach any time after 1
April 2015
How to adopt the new
approach
We expect that solicitors will discuss our new
approach with their employer, where
appropriate, to talk about how they can continue
to deliver a proper standard of service
Question 2
When do you think you will adopt the new
approach to continuing competence?
I. From 1 April 2015
II. Im still undecided
III. Im waiting until 1 November 2016
Additional Information
Proposal to remove requirement to take Management
Course Stage 1
We will no longer award hours
Stop authorising external and internal providers from 1
November 2014
Minor regulatory changes to implement new approach
How we will support you
Recognise that new approach requires a cultural change
Resources to support you:
Research
Tool kit
Video
Q&As
Resources on website
Competence Statement
Programme of stakeholder engagement
Regular communications
Our research
We commissioned research to examine education and
training systems within firms it found that:
Seven out of ten firms already have formal training processes in place and
monitor staff development through performance appraisal
Nearly all legal firms, irrespective of size, keep records on the nature and
amount of time spent on training
Ongoing professional development is engrained for solicitors across the
range of regulated entities.
It found that a wide range of less formal training was undertaken, including
work shadowing, mentoring or case-file discussions. These were found to be
highly effective.
Tool kit
Will be issued in Spring 2015
Supported by material on our website
Includes:
ways to reflect on your practice and identify training
needs
the range of ways in which training needs might be
addressed
how to record and reflect on training undertaken
tools that are available to assist with this process
examples of good practice
Question 3
When adopting the new approach, do you think
you will you need to changes to your current
learning and development approach?
I. Yes
II. No
III. I dont know
Further help
Position Statement & Q&A
t4t@sra.org.uk
@sra_t4t
www.sra.org.uk/t4t
What happens next?
Consider position statement
How will you ensure you remain competent?
Internal discussion
Tool Kit
Competence Statement
Adopt new approach from 1 April 2015
New approach applies to all solicitors from 1
November 2016
Question 4
Are you more informed about our new approach
to ensuring competence?
I. Yes
II. No
III. I still have some questions
Any Questions?