Cuthbert, M --- "Policy, Policy, Policy The Possible Impact on Law Undergraduates of Recent UK Government Initiatives" [2005] LegEdDig 31; (2005) 13(4) Legal Education Digest 20

Policy, Policy, Policy — The Possible Impact on Law Undergraduates of Recent UK Government Initiatives

M Cuthbert

[2005] LegEdDig 31; (2005) 13(4) Legal Education Digest 20

38 Law Teacher 3, 2004, pp 361–371

Since it was elected in 1997 the current Labour government in the United Kingdom has taken a number of initiatives that have affected both further and higher education. As the Academic Stage of Training for the legal professions in the UK is primarily the first degree studied by law undergraduates, these initiatives potentially have had a particular impact on law schools and law students. The percentage of those going on to higher education has definitely increased and the popularity of law as a degree subject has been maintained.

Meeting extra demand for law courses has not been a problem for law schools, putting aside the question of diminishing resources. But the extra demand generated by the government policy of encouraging those who are leaving school to go on into higher education has generated two possible problems for law schools. Many universities no longer interview all applicants and therefore they do not have the opportunity to make selection decisions on a personal basis. The answer for a small number of law schools is the introduction of the Law National Admissions Test, a specialist examination designed to test the suitability of someone to do well in their studies in law. The test will not replace A levels but will provide an additional piece of information for the admissions tutor.

A pressing problem for some law schools has been the retention of students, especially during the first year of study. Many studies have researched this topic and initiatives have been taken in an attempt to minimise the problems of students who come as non-traditional participants or whose entry qualifications are lower than average.

One consistent problem experienced by students as a result of government policy has been debt, which studies have shown does lead to students dropping out of courses. Due to the financial hardship that has been identified in various studies, the government has introduced grants for the poorest students in order to maintain its goal of widening participation. These means-tested grants will help those students from the lowest socio-economic groups but they are not very generous and will only affect a student’s decision to go to or remain at university at a marginal level. With the competition for training contracts and pupillage being very competitive, anything that affects academic performance in the final year of a degree course must have implications for law students.

If the United Kingdom follows the experience of Australia, law will attract amongst the highest fees in undergraduate programs. The Australian system places a subject in a particular fee band because of the associated level of income that the graduate in that subject will achieve. Law is in the top band. Both the Law Society and the Bar Council of England and Wales are fully aware of this and are seeking to minimise it. The Law Society in particular has introduced a Diversity Access Scheme in 2004 aimed at entry to the profession but this builds on an earlier scheme targeted at law undergraduates.

The Law Society, the Bar Council and the government want a profession that reflects the diversity of society in recognition of the role that lawyers play in protecting rights within society. Law students progressing from degree to the vocational stage of training no longer have access to student loans but depend upon commercial providers of finance or possibly career development loans. One suggestion put forward is the adoption of the Northumbria model of a four-year exempting degree to reduce the level of debt and barriers to entry to the profession. There is some attraction to this argument but there is opposition from universities to adopting this pattern of study. It is likely that there are too many law schools offering qualifying law degrees for such a model to be introduced.

It is difficult to have a clear view on the impact of current UK policies because in many cases they have not fully worked through the system yet. Added to that are the reviews mentioned above taking place in training for the legal profession. Perhaps all that can be said is that something will happen: there will be an impact on law undergraduates.