Thread by @SCynic1

1/16. Regrettably it appears that @barstandards has rejected both our analysis and our offer.
Analysis first: Our analysis was that pen and paper exams, whilst they might offer another chance, were ultimately unfair. The less well off you are, and the more employed you are,

the harder it is to find time to take exams. The longer the exams are delayed, the more work is required to repeat revision. We forcefully made the point that delay equalled injustice (as ever). It now appears that what @barstandards were telling us would be September will be/

October and December. Resists will not be until spring 2021.
On the plus side, we persuaded the BSB that everyone should be able to sit. Their initial view depended on an assessment of/

“material impact” for which they had no definition. That
was plainly unfit for purpose - and surprising given that the eventuality should have been known in April.
We also argued for straight pass/fail on the basis that fannying about with marks no one really cares about is/

just further delay. In our view any ATO specifying a
particular mark this year ought to be told to unspecify it. It appears that argument has been rejected too.
The BSB has also conceded an independent inquiry. Before welcoming that, we’d like to see who will be doing the/

enquiring.
Our offer: we offered barrister assessments on the same basis as our assessment of pupils and junior tenants when we teach the compulsory courses mandated by the BSB. The profession would have volunteered to do this. It was quick, welcoming as a concept & cheap. Most/

Unhappily the BAB has spent the 2 weeks since our proposal picking it apart. The alleged problems leading to its rejection were never shared with us, despite the fact that our offer specifically asked that we were informed of issues & given the opportunity to address them./

That approach meant that whatever we proposed could be torpedoed without hearing from us. That isn’t justice & it’s disquieting that a legal regulator would behave in such a way. We were also told the barristers conducting the assessment weren’t able to do so properly./

Perhaps the BSB forgot that the Professional Statement says students must reach the standard of a practising barrister, and that we teach each other all the time?
It is a matter of real regret that the BSB Main Board rejected this proposal. It would have accommodated working/

students at weekends. It would have allowed exams to be done at home on an open book basis, which we believe reflects professional practice in a way that current exams wholly fail to do.
We tried. The circuit leaders unanimously supported our proposal for which we are grateful./

Alas, the same cannot be said about @thebarcouncil, the relevant officers of which supported the BSB on all but a few frilly details.
You will plainly not labour under the illusion that we agree with this decision. We cannot give you legal advice but our view was that the/

proposal arguably breaches the Public Sector Equality Duty. And we are adamant that no vocational profession should come within a mile of such a breach.
We want to be transparent. Our submission to the BSB can be found at dropbox.com/s/o43h0lvisis8…. My email to the Bar Council is/

here dropbox.com/s/iuo5ouw0o20p…. You will see that we think this decision risks the entire profession being regulated via government. That would be a retrograde step. If it happens those responsible should not be forgiven.
Can anything be done by the profession now?/

Short of all out war - ATOs ignoring the defective exams and the Inns determining to call people based on the exams properly run - no. That won’t happen Can anything be done by the students? We know some of you are already ready to litigate. If you succeed, these arrangements/

cannot stand.
We acknowledge the outstanding efforts of @blwstndrdsbrd whose submissions were in our view more cogent & better prepared than either our professional body’s or our regulator’s. Sometimes a good case loses. In a just system you can appeal. Here, all we can do is/

stand with you, invite the profession to do the same, and wish you all luck. It will be no comfort that you have been dreadfully let down. It might be a crumb that we recognise it. Most of all, we’re sorry.
@phatsilk_qc @daniel_barnett @MattJEJackson @LHoyano
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