By Ashley Young-
The difference in success rates between ethnic minority and white barristers cannot be explained by Oxbridge attendance or professional background, according to ‘experimental’ data published by the government yesterday.
Suggestions had been made that attendance of Oxbridge- Uk’s most elite University- or legal background may explain diparities between the success rate of white solicitors and barristers, and those of their ethnic counterparts.
Oxbridge refers to the colleges that make up the ancient universities of the University of Oxford and the University of Cambridge, two of the most prestigious universities in the UK.
Detailed research conducted by statisticians using assessed data from judicial selection exercisies between 1 April and 31 March 2021, isolated the impact of a particular factor, such as ethnicity, by averaging out the impact of other significant factors, to establish the reasons behind differences in success rates in the legal profession.
‘This allows an assessment to be made of whether, for example, variations in success rates for black, Asian and minority ethnic, and white candidates, might be explained by other factors – for example, legal profession or having attended an Oxbridge university,’ the report explains.
Candidates were found to progress through five judicial selection tools – online multiple choice test, online scenario test, paper sift, telephone assessment and selection day – were analysed.
All candidates in the legal exercises covered by the analysis revealed a success rate of 6% for black, Asian and ethnic minorities. The success rate for white candidates was 14%. For the smaller number of non-legal exercises, there were no differences in outcomes even though the same selection tools are used.
The report states that differences in success rates of solicitors and barristers between black, Asian and minority ethnic candidates and white candidates could not be explained by differences in profession or Oxbridge attendance.
The greatest difference between black, Asian and minority ethnic candidates and white candidates was seen at the paper sift and qualifying test stages. Between barrister and solicitor candidates, the greatest difference was found at the paper sift and telephone assessment stages.
The Law Society said it was ‘deeply concerned’ by the latest data. Lubna Shuja, vice-president, said: ‘We call on the JAC to investigate urgently the reasons for this differential performance and remove any remaining barriers. We will continue to support our members to make strong judicial applications and pursue their judicial aspirations, but we want to see them have equal chances of being appointed.’
The latest analysis was commissioned in 2018 by the Judicial Appointments Commission, which said yesterday that the report ‘is another of our contributions to support efforts across the legal sector to try and speed up the pace of diversity change’.
The commission also published a diversity update detailing the work it has done to ensure selection processes are fair and non-discriminatory, which includes monitoring the ethnic diversity of panels for each selection exercise.