The SRA reviewed the training records of solicitors from a sample of 122 firms to consider whether solicitors who conduct advocacy in the youth court are keeping their knowledge and skills up to date. The key findings from the review are that most solicitors are taking steps to maintain competence and keep their youth court knowledge up to date but that there was variable record keeping. The SRA emphasised that it is imperative for solicitors and firms meet their regulatory obligation to maintain competence and that action will be taken against firms and solicitors who do not. Four firms who did not engage with the review have been referred into the SRA’s enforcement process.
Details
The SRA stated in the summer of 2021 that it would review the training records of solicitors practising in the youth court in order to better understand if and how solicitors practising in the youth court are keeping their knowledge and skills up to date and whether the training carried out addresses concerns raised by stakeholders that some solicitors do not keep their legal knowledge up to date or undertake vulnerable witness training.
The SRA reviewed 364 training records from 122 firms where solicitors had conducted advocacy in the youth court in the period 1 January to 31 December 2019. The key findings were:
- Most solicitors are taking steps to maintain their competence – more than three quarters of the records reviewed provided evidence of steps that had been taken
- Most solicitors keep their youth court knowledge up to date – 75% of solicitors had completed training during the review period with two thirds of these focussing on maintaining their knowledge of youth court practice and procedure
- There is less focus on dealing with vulnerable young people and children training – only 4% of solicitors had carried out training in this area
- There are challenges with reflection on practice – only 39% of solicitors had reflected on their practice.
- There is variable record keeping – almost all solicitors kept a training record, and whilst some were excellent, most were simply a record of training undertaken with limited evidence to demonstrate reflective practice or learning requirements
The key messages emphasised by the SRA are that all solicitors and firms practising in the youth court should ensure that:
- You meet your regulatory obligation to maintain competence
- Your skills for engaging with vulnerable young people and children are up to date
- You are aware of your individual strengths and weaknesses
- You keep training records to demonstrate what you have done to stay competent
Commentary
The YJLC welcomes the findings of this review which underlines the need for firms and solicitors practising in the youth court to take proactive steps to ensure they are competent to advise and represent the vulnerable young people and children who appear in the youth court. Not only must practitioners engage in training and professional development to maintain their competence, but they must keep accurate records which not only set out what they have done, but reflect on their practice and learning requirements.
This is a key area of policy which the LSB are also considering in their current consultation on ongoing competence (responses due by March 2022). Young clients, advocacy for children and young people and youth court practice and procedure are all highlighted as areas of particular concern where specialist training for practitioners is required.
The SRA’s decision to refer four firms who did not provide training records nor a confirmation that they do not practise in the youth court into the enforcement process sends a strong message about the importance of this issue. In addition, those individuals whose training records did not fully meet the SRA’s continuing competence requirements were contacted directly by the SRA. It is clear that the SRA is therefore committed to maintaining and improving the quality of representation children and young people appearing in the youth court receive, and that action will be taken against individuals and firms who do not demonstrate a similar commitment.
To assist you in ensuring that you are complying with the SRA’s requirements template development records and development plans can be found on the SRA’s website here.
Written by
Vivien Cochrane, Partner, Shearman Bowen