Immigration: Vital for solicitors to keep up-to-date
The Solicitors Regulation Authority (SRA) is contacting a group of immigration and asylum solicitors whose training records did not provide “sufficient assurances” that they are maintaining their competence.
A review of the training records of 143 solicitors in the field from 60 firms found that all had undertaken “some learning and development” but there was “room for improvement” because almost a third simply listed what they had done, rather than recording why learning and development was required.
The regulator said some “excellent training records” showed good practice by “comprehensively describing how the individual had reflected and identified their learning and development needs” and “clearly explaining the activity carried out and how it addressed the identified need”.
These records were “often linked to a training template that outlined the competencies in our statement of solicitor competence” or the law firm’s own internal competencies.
“Other records were less comprehensive. Those of 46 solicitors simply listed the learning and development carried out – for example, the name of the course and when it was completed.
“There was no evidence of how or why the learning and development was required or whether the activity had addressed the original need.”
These solicitors “did not provide us with sufficient assurances are maintaining their competence”.
Each would be contacted “to explain what we expect in a training record and understand the steps they are taking” to maintain competence.
“We will also contact the firm employing each solicitor to understand and assess the policies and processes they have in place to ensure competence of their solicitors.”
The SRA said it would “explore if further regulatory intervention is required in this area, informed by our follow-up firm inspections and ongoing monitoring of reports”.
Only 37 solicitors used the SRA’s immigration and asylum guidance and resources to help address their needs.
The SRA said immigration and asylum could be “a complex, fast-paced and politically sensitive area of law” with vulnerable clients, and it was “vital” that lawyers kept their knowledge and skills up to date.
“To do this, we expect solicitors to regularly reflect on their practice and identify and address their training needs.”
All of the records showed that some learning and development had been carried out, with 41 solicitors recording one to five activities, 35 solicitors six to 10 and 67 solicitors more than 10.
While it is “not a regulatory requirement to keep a training record or document reflection”, the SRA said it demonstrated that solicitors had taken the necessary steps to keep knowledge and skills up to date.
“A failure to record reflection raises concerns that not all needs are being identified and addressed. We therefore expect to see evidence of reflection in training records, not just a list of activities.”
As to future activities they needed to keep skills and knowledge up-to-date, solicitors identified “a better understanding of the operation and impact of a digitised immigration system” and improving communication with vulnerable clients.
Solicitors also noted needs beyond their sector, such as a better understanding of legal case management systems, the GDPR and the solicitors’ accounts rules.
A separate review by the SRA of 25 law firms specialising in asylum work last week painted an overall positive picture of their work, while its annual review of continuing competence, also last week, reported a fall in the number of reports about immigration specialists.
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