Slides for the presentation by Peter Breakey (Northumbria University) at the Learning in Law Annual Conference 2011.

1. Are law schools meeting their obligations as regards the assessment of the use of English on law courses? Peter Breakey Northumbria University 1

2. Background/ What prompted this research? A personal interest in language Ongoing encounters A fateful (?) email 2

3. From: Sarah Sent: 03 September 2009 11:52To: LA Law StaffSubject:A little drunken cheer at this miserable marking time? “In the UK mergers do not have to be announced just registering them at public houses is fine.” Sarah 3

4. From: Peter Breakey Sent: 04 September 2009 15:28To: Sarah [X]; LA Law StaffSubject: RE: use of English example On a similar theme - though to my mind more disconcerting than amusing - given that it is from a third or fourth year student: “To improve the gray areas on the directors duties, the Parliament makes some changes, to the improve on the law and established what are the core areas should the legislation can assist the directors.” 4

5. That is the end of the second paragraph of the essay. I have another 3 pages - no doubt in a similar vein - to look forward to and then I have to somehow try to ascribe a mark to it. Can it be right that our students can reach the 3rd year of a degree course with this standard of written English? Peter 5

6. ... was very basic: 1) An investigation of the QAA benchmarks and standards which are supposed to apply 2) a simple questionnaire sent to a random sample of 20 English universities My research... 6

7. Universities have no legal obligation to comply with QAA standards, But...there is an expectation that Universities will comply It would be regarded as a matter of concern if they were not complying. 7 The relationship between QAA and Universities

8. The subject benchmarks form part of the “Academic Infrastructure” The subject benchmark for law sets out: “the minimum achievementwhich a student should demonstrate before they are awarded an honours degree in law”. There are three general “Areas of Performance” 8 The QAA Standards (1)

9. Students “must show achievement in all of the... areas of performance, ... demonstrating substantially all of the abilities and competences identified in each area.” One of the three areas is “Key Skills” Within this is “Communication and literacy” 9 The QAA Standards (2)

10. 8.1 Both orally and in writing, a student should demonstrate a basic ability to: understand and use the English language ...proficiently in relation to legal matters present knowledge or an argument in a way which is comprehensible to others and which is directed at their concerns read and discuss legal materials which are written in technical and complex language. 10

11. A student should not be obtaining a law degree unless they have demonstrated that they can understand and use the English language proficiently in relation to legal matters 11 To cut a long story short:

12. You should have a copy in front of you. 5 substantive questions The response from Law Schools a) tone b) content The questionnaire 12

13. Helpful Constructive Thoughtful Jovial Dilatory Defensive Laconic Obfuscatory Abrupt Brusque Evasive Pompous Condescending Rude Cantankerous Hostile Irate Belligerent/ Bellicose? The tone of the responses 13

14. People are busy Not the most important issue Not something people wish to look into closely because it raises awkward questions? 14 Why such a negative response?

15. Does it tell us something about the state of Law schools today? 15 Does the tone matter?

16. The content of the responses 16

17. Question 6: Have there been any formal discussions over the last 3 years to consider the assessment of the use of English? 18/20 respondents said No. Some possible reasons... 17

18. It is being dealt with adequately It is not something people want to deal with? Why not ? It may raise some awkward questions and difficulties and there may be financial considerations? Possible reasons for not considering this issue? 18

19. Any policy on applying different standards to students whose first language is not English? 18/20 respondents said No. 19

20. Any policy on applying different standards to students whose first language is not English? No formal policy although, informally, more latitude would be given to students whose first language was not English –although with anonymous marking in place they may not be identifiable 20

21. Any policy on applying different standards to students whose first language is not English? “...In examinations, however, due to the difficulty of writing under pressure and, for some students, in a foreign language, the same standards of English are not expected. ...” 21

22. Any policy on applying different standards to students whose first language is not English? International students are not given express special consideration in the marking of scripts, although in practice it is commonly evident from the script that the student is writing in a language other than his/her mother tongue and examiners will bear this in mind in the overall assessment of the script as a matter of academic judgment. 22

23. Q.1 Does your school / department have any formal policies on how the quality of grammar or spelling or of the quality of the use of English generally should affect the assessment of students? 23

24. Q.9. Please can you describe what specific steps, if any, in terms of assessment criteria, your School/Department takes to ensure compliance with the QAA undergraduate level subject benchmark relating to Communication and Literacy? 24

25. Do you have any policies on how the use of English should affect assessment? Q1 (Paraphrased) 25

26. How do your assessment criteria, ensure compliance with the QAA undergraduate benchmark relating to Communication and Literacy? Q9 (Paraphrased) 26

27. 15/20 respondents said No. 27 Do you have any policies on how the use of English should affect assessment?

28. Compliance with this benchmark is not an issue which seems to have been a matter of great concern to Law Schools over recent years. Law Schools do not seem particularly keen to discuss/ investigate this question. Many Law schools are using assessment criteria which they seem to think ensure compliance with the benchmark, when in fact they do not. 28 Some tentative conclusions

29. There are no obligations? – so substitute “the QAA standards” Some students are graduating who cannot fairly be described as proficient in English. Most of the assessment procedures are defective in terms of assuring that the relevant benchmark is met. 29 Are law schools meeting their obligations as regards the assessment of the use of English on law courses?

30. Report to QAA Further research/investigation The role of externals A wider and continuing debate on this topic 30 What should happen now?

31. Standards on other programmes, particularly masters courses What constitutes proficiency? How is the ability to discuss legal matters assessed? Distinguish exams/coursework How important is style? 31 Many further questions to consider