BPP advises students to avoid physical tics during advocacy

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By Angus Simpson on

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Exclusive: Law school giant says guidance refers to ‘controllable behaviours’


BPP University Law School has said it will review its guidance advising students to avoid physical tics during advocacy assessments, clarifying that the advice refers to controllable behaviours and not involuntary movements caused by medical conditions.

As part of the law school’s SQE2 preparation, an introductory advocacy module warns aspiring lawyers that “physical ticks should be avoided” as they may “distract” the tribunal during submissions.

One BPP student who took issue with wording of the guidance told Legal Cheek: “I was surprised to see in BPP study materials a piece of advice telling students to avoid physical ticks during the advocacy assessment in SQE2. As a student with an involuntary tick, this was pretty shocking to read. In my experience BPP are committed to supporting students with reasonable adjustments, however, I cannot say that this careless mistake surprised me. BPP please do better!”

The student — who didn’t want to be named — went on to point out that physical tics are by their nature involuntary and cannot be avoided. The NHS defines tics as “unintentional, fast and repetitive muscle movements” which happen randomly but may be associated with “stress, anxiety, tiredness, excitement or happiness,” and “get worse if they’re talked about or focused on”.

A screenshot of the advocacy advice

A spokesperson for BPP clarified the guidance, telling us that it “encourage[s] candidates to minimise controllable behaviours — such as fiddling with hair, clothing, or clicking pens that could unintentionally detract from their advocacy delivery”.

They stressed this is “entirely distinct from involuntary conditions, such as those associated with medical conditions, which are, of course, beyond a candidate’s control and would not be penalised under any circumstances”.

The spokerson did however go on to say that it will “review the guidance to ensure it is clear and inclusive”.

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7 Comments

LegalCheek do better

Student at BPP here (with no love for BPP either). This is obviously just for clickbait and ragebait. The word ‘tick’ is defined by the NHS as incontrollable because it refers to the medical symptom of ticks. A ‘tick’ in the english language also refers to things like hand rubbing and touching your hair. It is very obvious from the context of those slides that the latter meaning of the word is implied. Though LegalCheek omits this, there are many practical tips on physicality and the like in those slides, as you would expect since they are on the practical side of advocacy. If this phrasing were ‘non inclusive’, then advice to ‘stand up straight’ would be discriminatory towards those who have scoliosis and ‘speak clearly’ would be discriminatory against those who are affected by stutter or other speech impairment. As common sense dictates, no one will take those into account in the rare instance of a medical condition, as prescribed by the Equality Act, BPP’s policy and, again, common sense. The advice is really important for everyone else.
Please, let’s cut the crap and actually focus our inclusivity efforts where they matter, not where they’re just cheap clickbait with the side effect of making anyone who advocates real inclusivity look like a fool.

Hmm

Perfect comment. Nothing more needs to be said.

Will

That makes things worse. It assumes the ability to act neurotypically. Many neurodiverse people act “oddly” to normies and that includes physical behaviours similar to your description.

Completely agree

Just to back up this comment: As someone with Tourette Syndrome (very visible tics during the advocacy assessment) who passed the SQE2 with BPP; both BPP and the SRA were nothing but accommodating to my condition.

Absurd

I would simply suggest that whoever wrote this BPP “guide” watch Lord Sumption’s advocacy and judgments in the SC.

Litig8

So that’s an open goal for a lawsuit from those with ADHD and a host of other conditions.

I have the aforementioned conditions

Really I would be content if they struck out “eye contact” “time management” and “likes small talk” from assessment centre criteria

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