Solicitors Regulation Authority reports 77% pass rate for SQE2 amid concerns over disparity in achievement levels between different ethnic groups

Results for the second stage of the Solicitors Qualifying Examination (SQE2) show a 77% pass rate, but troubling differences remain between the outcomes for various ethnicities, the Solicitors Regulation Authority (SRA) has said.

The assessment was held in April for 726 candidates in 24 countries, who had either passed stage one or otherwise demonstrated appropriate legal knowledge.

Independent reviewer Geoff Coombe said in his report that while the outcomes appeared fair, reliable, valid and defensible there had been “a troubling disparity in achievement levels across different ethnic groups”.

Thos who self-declared as non-white generally achieved a lower pass rate and the disparity in achievement was slightly wider than in the first stage of the exams in November 2021.

Passes were achieved by 92% of candidates in mixed/multi-ethnic groups, 85% of white candidates, 72% of Asian/Asian British candidates and 53% of Black/Black British candidates.

Mr Coombe said psychometric experts, employed by both by exam provider Kaplan and by the SRA, found no fault and that the exams met the assessment objectives and were impressively reliable.

He said: “I observed equality, diversity and inclusion training being provided, prior to the exams, to assessment task writers and assessors about the risks of unconscious bias.

“There was no evidence of bias in the administration or conduct of the exam, including in feedback from candidates. Many of the significant differences in performance by candidate groups suggest the underlying influence of educational factors, notably prior educational achievement.”

The SRA has commissioned the University of Exeter to investigate the potential reasons for, and barriers to, achievement and the issue “requires Kaplan's and SRA's ongoing close attention, so that any, and every, risk of (unconscious) bias in the assessment process continues to be addressed as far as possible”, Mr Coombe said.

Anna Bradley, chair of the SRA board, said: “'We have again seen the troubling and long-standing pattern of differential performance for certain groups, particularly Black, Asian and minority ethnic candidates.”

Mr Coombe said: “Overall, I felt the SQE2 exams were appropriate for a high-stakes, competency-based exam used for professional qualification.

“I was reassured and satisfied that the tasks set were valid and that the pass/fail grades awarded were fitting of the standards and competency expected of a newly qualified solicitor.”

Candidates with a higher degree classification achieved a higher pass rate. For instance, those with a first-class degree had a pass rate of 92% compared with 57% for those with a 2:2 degree, while the pass rate among apprentices was well above the overall pass rate.

There was a 92% pass rate among those who declared a disability and a slightly higher proportion of women than men passed at 79% and 75% respectively.

Mark Smulian