Newsletter – August 2024

The role of the CLSB in the regulation of education and training has been through a period of development with the adoption of the new Training Rules and Competency Framework. This has created a new regulatory apparatus for the oversight of qualifying as a Costs Lawyer. In particular, these documents provide the basis for the new accreditation of training providers and their programmes. As a consequence, last year ACL Training was accredited by the CLSB to deliver a new course commencing in September 2023.

The rigour and fairness of this accreditation process is essential for the CLSB to fulfil its responsibility as an independent regulator of a legal profession. The CLSB is itself overseen by the Legal Services Board in this regard. Reviewing and refreshing the Rules, and developing a Competency Statement, are examples of good practice for the regulator and, by extension, the profession. I have enjoyed my time working with the CLSB as an Independent Education Adviser and I am confident that these developments are an important step forward.

The regulation of education and training for professionals across many sectors has undergone significant change in recent years. When I first became involved in regulation as an academic in the discipline of law (many years ago!), regulation – from the perspective of the education and training provider – often seemed unduly onerous, bureaucratic, prescriptive and a blunt instrument. The focus was largely on meeting what often seemed to be arbitrary requirements framed in terms of inputs. For example, this was particularly evident in many areas of health care, where the regulator typically would set a minimum number of patient episodes (rather than focusing on the quality of the outcomes of patient facing activity). Furthermore, providers of education might well be subject to a variety of different regulators. This could lead to the requirement to submit the same sort of information in somewhat different forms in order to give the same level of assurance on the same subject. Not surprisingly, this was a resource intensive exercise, which often produced frustration.

Fortunately, professional regulation of education and training has undergone something of a paradigm shift. The underlying principle is now proportionality, which has been welcomed by everyone. In practice, this has meant a greater emphasis on risk based regulation. In other words, regulatory requirements need to be interpreted with due consideration to the risk which is being regulated. It has also been recognised that regulation should not stifle innovation. That is, regulators should be open to education and training providers ‘doing things differently’ if that can be justified.

Central to the changing role of regulation has been the increasing importance of focusing on the outcomes of education and training – the ‘day one’ professional – and the skills, knowledge, values and mindset which is expected of them. The CLSB’s Competency Statement exemplifies this new approach. The development of the Statement has also provided a means for the regulator to engage with stakeholders in a dialogue around the professional attributes of the Cost Lawyer both currently and in the future. It is only by first developing a clear and compelling vision of the professional and their role that we can then articulate the competencies that are expected of the new entrant. The process of accrediting education and training providers thus can focus squarely on whether they consistently deliver professionals who possess those competencies and otherwise meet the reasonable expectations of the regulator.

Through the accreditation process and ongoing oversight of education and training, the CLSB fulfils its responsibilities as the regulator. It gains assurance that training is fit for purpose, that the future needs of the profession are being met and, finally but most importantly, that the consumers of legal services are protected.

Professor Carl Stychin
Independent Education Adviser, CLSB