Pupillage Policy

Home , Doughty Street Chambers, Lexcel, Pupillage, Solicitor, Trainee solicitor

Version Register

Version Date Description of Key Changes Amended By

1.0 March 2017 First version Alison Pickup

Index

The Public Law Project ...... 3 The Justice First Fellowship ...... 4 Recruitment of pupils ...... 5 Funding/salary arrangements ...... 5 Payment for travelling expenses and compulsory courses ...... 6 Pattern of pupillage ...... 6 Roles and duties of the Fellow ...... 6 Roles and duties of the pupil supervisor ...... 7 Pupillage checklists used ...... 8 Method of fair distribution of work ...... 8 Assessment of progress ...... 8 Complaints and grievance procedure ...... 9 Recruitment at the end of pupillage ...... 9

The Public Law Project

The Public Law Project (PLP) is an independent national legal charity which aims to improve public decision making and facilitate access to justice. Within this broad remit PLP has adopted three main objectives: 1. Promoting and safeguarding the Rule of Law during a period of significant constitutional change 2. Working to ensure fair and proper systems for the exercise of public powers and duties, whether by state or private actors. 3. Improving practical access to public law remedies, including by seeking to ensure that justice reform is evidence led and by increasing knowledge of public law.

PLP’s lawyers provide advice and representation acting for disadvantaged individuals and interest groups via civil proceedings (chiefly judicial review), and also complaints and Ombudsman schemes. Our cases are often brought on public interest grounds. We have often made third party interventions in proceedings brought by others to raise matters of public interest, particularly in relation to questions of access to justice and costs (including costs protection). In addition to casework, we run a vibrant events and conferencing programme. PLP also undertakes and publishes empirical research, and engages constructively with policy issues impacting the public law/access to justice landscape.

PLP has a strong track record of strategic litigation on matters of public interest. Some significant examples include: • The establishment of guidelines for the exercise of the jurisdiction to grant a Protective Costs Order (Corner House Research v Secretary of State for Trade and Industry [2005] EWCA Civ 192; [2005] 1 W.L.R. 2600) (As Third Party Intervener) • The circumstances in which a costs order should be made where judicial review proceedings are disposed of by consent pre-permission (R (Bahta) v SSHD [2011] EWCA Civ 895; [2011] C.P. Rep. 43) (As Third Party Intervener) • The availability of judicial review of a decision of the Upper Tribunal (R (Eba and Cart) v Upper Tribunal [2012] 1 AC 710) (as Third Party Intervener) • The correct application of the ‘second appeals test’ in CPR 52 to appeals from the Upper Tribunal in asylum cases (JD Congo v SSHD [2012] 1 W.L.R. 3273) (As Third Party Intervener) • Confirmation that legal aid regulations providing for no payment to be made for work on judicial review proceedings unless permission is granted were ultra vires (R (Ben Hoare Bell and others) v Lord Chancellor [2015] EWHC 523 (Admin)) (As Solicitors). • Supreme Court ruling that the imposition of a ‘residence test’ for civil legal aid would be ultra vires (R (PLP) v Lord Chancellor [2016] UKSC 39) (As Claimant).

PLP received the Legal Aid Lawyer of the Year 2015 ‘Outstanding Achievement’ Award. We are also Halsbury Award Winners having received the Special ‘Rule of Law’ Award in 2013, and PLP is a Guardian Charity Awards 2012 Winner. We are accredited by Lexcel and are a London Legal Support Trust Centre of Excellence.

PLP’s casework team is led by its Legal Director and Deputy Legal Director. The Legal Director, Alison Pickup, is an employed barrister and PLP’s Pupillage Training Principal. Alison was the LAPG Legal Aid Barrister of the Year and Chambers and Partners Public Law and Human Rights Junior of the Year in 2015. She conducts advocacy in her own cases at PLP and, where appropriate, for other members of the casework team, as well as conducting litigation and overseeing the casework team’s work. She also has 3

responsibility for two of PLP’s casework projects, the Legal Aid Support Project and the Sanctioning Project.

The Deputy Legal Director, Sara Lomri, is a solicitor and the SRA Training Principal. There are five other qualified solicitors in the casework team, and a trainee solicitor supervised by the Deputy Legal Director. PLP’s Director is also a solicitor although she does not actively conduct casework. The casework team is supported by a part-time casework administration assistant.

PLP has a public law legal aid contract with the Legal Aid Agency which allows us to provide publicly funded advice and representation in public law proceedings. We also provide representation to individuals and charities in cases which advance our strategic objectives on a pro bono basis or under a conditional fee arrangement. The casework team also carries out projects which focus on specific systemic issues within our strategic objectives.

The Justice First Fellowship

PLP is offering 1 pupillage in its casework team as part of a Justice First Fellowship. For more information about the Justice First Fellowship (‘JFF’) please see https://jff.thelegaleducationfoundation.org/about/

The JFF at PLP is structured as follows for pupils:

Year 1: The Fellow will be employed by PLP as a paralegal. He/she will gain an introduction to working in a legal advice organisation and will assist members of the casework team with their casework. The Fellow will be supervised by the Legal Director but on a day to day basis will work closely with other members of the casework team, providing exposure to the range of work undertaken by PLP. He/she will gain a valuable insight into the work of solicitors in the conduct of legal proceedings and gain an understanding of the legal aid scheme. As well as assisting on legal cases, the Fellow may be asked to help out with administrative tasks where needed, responding to enquiries, delivering bundles to court and other parties, and to assist the Events and Resources Development Manager with PLP’s training and conferences programme.

During the first year, the Fellow will be encouraged to explore opportunities for gaining advocacy experience through pro bono work, and to undertake any relevant training. They will also begin to design and develop their JFF project, seeking to improve access to justice.

Year 2: The Fellow will undertake pupillage, working under the day to day supervision of the Legal Director. The pupillage will be structured in accordance with the Pupillage Programme and with the objective of ensuring that the pupil can satisfy all of the Collyear outcomes of pupillage. The Fellow will work closely with the Legal Director on her cases, assisting her with a range of tasks, ranging from legal research, drafting advices, attending conferences with clients, corresponding with other parties, and attending court. He/she will also continue to assist other members of the casework team when required and subject to availability.

The Fellow will be encouraged to take opportunities for advocacy experience through pro bono work and to speak at PLP conferences and events. During the second half of the

year the pupil will be given more responsibility for conducting his/her own cases including where appropriate conducting advocacy.

Recruitment of pupils

The pupillage will be advertised on the Pupillage Gateway, the JFF website, PLP’s website and through PLP’s networks. Prospective pupils will be required to complete an online application form through the JFF website. PLP will then shortlist candidates for interview on the basis of information provided in the online application form.

It is envisaged that there will be a two-stage interview process for shortlisted candidates comprising: (1) submission of a sample of written work and participation in an assessed oral advocacy exercise (2) an interview with PLP’s Director, Legal Director and one other member of the casework team

Candidates whose written work and/or oral advocacy exercise do not meet the required standard will not be invited for interview.

Priority will be given to students from less advantaged backgrounds as part of a related objective of the JFF to advance mobility and diversity in the profession.

PLP is an equal opportunities employer and all applications will be assessed against objective criteria during the shortlisting and interviewing process. We will make reasonable adjustments for disabled candidates.

PLP has an Equality and Diversity Policy and the Practice Manager is responsible for implementing and monitoring the policy. PLP’s Legal Director has attended the Bar Council’s Fair Recruitment and Selection Training and delivered ‘cascade’ training to fellow members of Doughty Street Chambers. All members of the selection panel will have undertaken recent and appropriate training in Fair Recruitment and Selection procedures.

Funding/salary arrangements

The Fellow will be paid the following salary (pro-rated for part-time employees): Year 1: £26,660 Year 2 (pupillage year): £27,726

All salaries at PLP are reviewed on an annual basis and at the discretion of the trustees, an inflationary cost of living increase is added. No decision has yet been taken on a cost of living rise for 2017/18 but the Fellow’s salary will be increased accordingly.

As a PLP employee, the Fellow will be entitled to 25 days annual leave each year (pro- rated for part-time employees) as well as statutory bank holidays and the period between Christmas and New Year when PLP’s offices are closed. Statutory sick pay will be paid in the first 12 months of employment and thereafter up to six weeks sick leave will be paid at full pay and six weeks at half pay (less any social security benefits). We pay the

statutory minimum pension contribution during the first 12 months of employment and 10% thereafter.

Payment for travelling expenses and compulsory courses

PLP or the JFF will meet the costs of attendance at any compulsory training courses. Costs of attending other training courses will be met where such attendance has been agreed with the Pupillage Training Principal as part of the Fellow’s training programme.

If the Fellow is required to travel on PLP business or to attend a compulsory or agreed training course, PLP will reimburse reasonable travel costs in accordance with its travel expenses policy.

Pattern of pupillage

The Fellow will be based in our London offices at 150 Caledonian Road, London, N1 9RD. He/she will be provided with his/her own desk, PC, telephone extension and email address. The Legal Director and other lawyers at PLP all work from the same offices as the pupil and it is anticipated that the Fellow will share an office with the Legal Director during the pupillage. We expect the Fellow to be a full time employee (35 hours a week). However, PLP aims to be a flexible and responsive employer and is willing to consider reasonable requests for flexible or part-time working arrangements for Fellows with caring responsibilities or as reasonable adjustments.

PLP has a flexible working policy and all employees are expected to be in work for 8 hours a day, including a 1 hour lunch break, and to be in the office during the core hours of 10am-4pm (unless they are at court, meeting clients or otherwise out of the office on PLP business). The Fellow may be required to travel outside of London from time to time on PLP business and some evening or weekend working may be required, for which time off in lieu (‘TOIL’) will be provided.

The Fellow will attend PLP casework team meetings where information and practical tips are shared and our regular programme of internal training, delivered by members of the casework team on topics of law, practice and procedure relevant to the work of the team. They will be invited to deliver training to their colleagues on a suitable topic. In addition, he or she will be able to attend PLP’s highly rated ‘How to do Judicial Review’ training course, and other PLP training events including our well-regarded annual Judicial Review conference, as appropriate.

PLP will arrange for the Fellow to spend a one day placement during the first six months shadowing in a clerks room in chambers, and will be live to other opportunities, both formal and informal, for learning about self-employed practice.

Roles and duties of the Fellow

During pupillage (in the 2nd year of the JFF), the Fellow will be expected to: - be diligent in receiving the instruction given; - observe all legal and professional obligations of confidence;

- comply with the Bar Standards Board Handbook and Guidance as it applies to pupils; - assist the Legal Director in all aspects of her casework including carrying out legal research, preparing draft advices, pleadings, policy briefings and consultation documents, and assisting with preparation for conferences and for court; - attend court and conferences with the Legal Director and, where appropriate, other members of the casework team, as an observer; - develop and implement his/her own project seeking to improve access to justice as required by the JFF; - in consultation with the Legal Director, investigate and pursue opportunities to gain practical advocacy experience through pro bono projects such as the Bar Pro Bono Unit, the Free Representation Unit, Bail for Immigration Detainees or the Asylum Support Appeals Project; - in consultation with the Events and Resources Development Manager, contribute to PLP’s training and conferences programme; - attend regular supervision meetings with the Legal Director as required and at least on a monthly basis; - attend all compulsory training courses and any additional training agreed with the Legal Director; - record his/her time and meet reasonable chargeable hours targets; - assist other members of the PLP team as appropriate and when available, including assisting with administrative tasks, as long as that assistance does not conflict with the Fellow’s court commitments, legal commitments or the overriding educational purpose of pupillage; - to ensure that the checklist is filled in during pupillage in consultation with the supervisor and to return the signed checklist to the supervisor at the end of pupillage; - To support PLP’s policies on equal opportunities as detailed in the Office Manual and in the Bar Council’s Equality and Diversity Code for the Bar; - To maintain the highest professional and ethical standards

Roles and duties of the pupil supervisor

The role of the pupil supervisor is to actively train and supervise the Fellow’s work during their pupillage, and to provide constructive feedback and informal and formal assessment of the Fellow’s progress.

The pupil supervisor will: - take all reasonable steps to provide the Fellow with adequate tuition, supervision and experience; - have regard to any pupillage guidelines issued by the Bar Standards Board and to the Equality and Diversity Rules of the Code of Conduct; - actively involve the Fellow in all of her casework. She will discuss her cases with the Fellow; delegate written work including legal research, written advice and drafting for the Fellow to prepare first drafts; invite the Fellow to observe all conferences, negotiations and court hearings; and provide opportunities for discussion and feedback.

- actively supervise the Fellow’s work on a daily basis. She will discuss tasks with the Fellow as required, be available to answer queries, and provide informal feedback. - Discuss and provide guidance to the Fellow on ethical and conduct issues that arise, and as required in order to meet the requirements of pupillage - meet with the Fellow on a weekly basis to discuss his/her workload and monitor the workload to ensure that the - conduct formal supervisions on a monthly basis to review the Fellow’s progress against training objectives (as set out below) and carry out regular file reviews - ensure that the Fellow has sufficient opportunity to attend court to observe hearings and gain practical experience of advocacy, including through making arrangements as necessary with other members of the casework team; - ensure that the Fellow prepares for and attends any further training required by the Bar Standards Board such as advocacy training provided by the pupil’s Circuit or Inn

Pupillage checklists used

PLP will use the Administrative Law checklist.

Method of fair distribution of work

PLP does not expect to host more than one pupil at a team. At present it would be unable to do so as it only has one person qualified to register as a pupil supervisor.

PLP does however employ a trainee solicitor who will still be training when the pupillage commences. The allocation of work between junior lawyers is determined by the Legal Director and Deputy Legal Director on the basis of the individual’s capacity, knowledge, experience, expertise and interest in a particular area, and its relationship with any project on which they are currently working. Where a decision is made whether to allocate a particular piece of work to the Fellow or a trainee solicitor or paralegal, the decision will be recorded by the Legal Director.

Assessment of progress

At the start of the pupillage period, the Fellow and the Legal Director will agree a training plan with specific objectives for each month of the pupillage which will ensure that by the end of the period of pupillage the Fellow will have completed all of the requirements for qualification. The Fellow and the Legal Director will review the Fellow’s progress against those objectives and the pupillage checklist during a formal, documented supervision meeting, held on a monthly basis. The Legal Director will also carry out formal file reviews on files on which the Fellow has been working.

At the end of the first six months of pupillage, the Fellow and the Legal Director will complete the pupillage checklist together and review the Fellow’s progress in order to identify any significant areas on which to focus during the second six months. They will

then revise the training plan to ensure that the objectives for the second six months are sufficient to enable the Fellow to qualify at the end of the 12 months.

Complaints and grievance procedure

Any complaints or grievances will be dealt with in accordance with PLP’s complaints and grievance procedure as set out in the Office Manual.

Recruitment at the end of pupillage

On successful completion of pupillage, the Fellow may be invited to apply for any vacancy that may exist or to submit a proposal for extension of his/her employment after qualification as an employed barrister within PLP’s casework team. Whether such an invitation is extended will depend on PLP’s financial circumstances and the needs of the casework team at the time. It is an integral part of the project component of the JFF that it may provide a funding stream to support the continued employment of the Fellow at the end of the period of training.

Any proposal will be considered by the Senior Management Team (‘SMT’) on the basis of a consideration of its financial viability and PLP’s operational needs, as well as the skills and aptitudes demonstrated by the Fellow during pupillage, as reported by the Legal Director. The Fellow may be required to attend an interview. If the SMT decides to recommend to PLP’s Board of Trustees that the Fellow be offered a contract as an employed barrister, the Legal Director will prepare a report to the Board of Trustees on the Fellow’s progress during pupillage, and setting out the financial and other implications of that recommendation. The Trustees’ decision on the SMT’s recommendation is final.

PLP will endeavour throughout the pupillage to ensure that the Fellow is well prepared for a career at either the employed or self-employed Bar.