Possibly in the light of its findings in relation to training in asylum and immigration firms, the SRA has reissued its continuing competence guidance “Understanding your continuing competence requirements” and its “FAQs about continuing competence“.
The SRA stated some time ago that it would review the training records of a sample of immigration and asylum solicitors to understand if and how they are maintaining their competence. That review was published at the end of July – Practising immigration and asylum law solicitors training records review – which unsurprisingly revealed that there were variations in the amount of training undertaken within firms as well variations in the quality of the training records maintained.
The SRA have recommended that all solicitors providing immigration and asylum advice should make sure that:
- they meet the SRA’s regulatory obligation to maintain their competence and keep their knowledge and skills up to date as is required by the SRA Codes of Conduct;
- they make sure they follow the SRA’s immigration resources and guidance and have read their warning notice and apply them to their practice; and
- they regularly reflect on their practice to identify learning and development needs.
Whilst it is not a regulatory requirement to keep a training record or to document reflection, doing so clearly demonstrates that firms have taken the necessary steps to keep their knowledge and skills up to date. The SRA view is that failure to record reflection raises concerns that not all needs are being identified and addressed. For that reason the SRA expect to see evidence of reflection in training records, not just a list of the training activities that the firm has undertaken.
Thus, firms’ training plans should show how they:
- reflected on their practice to identify their learning and development needs,
- planned and completed these needs,
- evaluated the effectiveness of their learning and development.
It is inevitable that what the SRA apply to immigration and asylum practices will in time be applied to all firms. For that reason, we would urge all firms to take steps to ensure that those within the firm undertake the training that is required of them, record that training and monitor the extent to which the training addresses the needs of the firm.
Infolegal subscribers have access not only to the Infolegal training courses as part of their subscription but also to a Learning Management System via the Infolegal InfoHub that will allow them to record both reflection and training undertaken across the firm.