Black students are less likely to pass the barristers’ training course or secure pupillage than their white counterparts, according to analysis published by the profession’s watchdog.
The Bar Standards Boards’ data also showed a 10% rise in the number of students enrolled on bar training courses over the past five years, rising from 1,685 in 2019/2020 to 2,406 in 2023/24. The increase may lead to a lower proportion of students going on to pupillage without a proportionate rise in places available, it warned.
The regulators’ 2024 statistics report shows 'differential outcomes for some ethnicities persist, most notably for black students', who are 'slightly less likely' to pass the course compared to their white, Asian and mixed race counterparts.
Among UK-domiciled students with a 2:1 undergraduate degree on courses started in 2022/23, 66.7% of white students passed compared with 45% of black students and 52.7% of those from Asian backgrounds. The highest pass rate was among students with mixed heritage: 69.2% passed.
For the same classification of students, the figures showed a drop in the percentage pass rate since 2019/20, when 78.2% of Asians, 60.7% of black, 72% of mixed race, 85.2% of white students who passed.
The report also showed that UK domiciled graduates from white ethnic backgrounds gain pupillage in greater proportions than those from minority ethnic backgrounds.
Overall, out of those who pass the course, students with a first-class degree go onto gain pupillage in the greatest proportions, with around 70% of such UK domiciled course graduates succeeding.
Among those with a 2:1, typically between 40 and 50% of UK-domiciled course graduates obtained a pupillage and fewer than one in five with a 2:2 did.
Oxbridge graduates gain pupillage in greater proportions than those who attended another Russell Group university, who in turn gain pupillage in greater proportions that those attending other UK universities.
Elsewhere the report showed that the proportion of UK-domiciled students from a white ethnic background has fallen from around 70% in 2013/14 to 58% in 2023/24. The proportion of overseas-domiciled students has increased to 50% in the last two academic years.
The report sought to allay fears that the watchdog does not do enough to maintain high standards, claiming that 'the evidence does not support anxiety about standards'.
It said that 'key stakeholders' have voiced concerns that too many students are enrolling on the vocational training course with limited chance of success in passing the bar course and in obtaining pupillage, which they are argue exploits students and negatively affects standards. But, the regulator argued: 'It is not the BSB’s role to limit ambition and demand, provided that prospective students are well-informed about their prospects.'
Sam Mercer, head of diversity and inclusion, and corporate social responsibility at the Bar Council, said the report 'is positive in that it will help potential applicants make an informed decision. It is required reading for anyone wanting to pursue a career at the bar.'
