Introduction
The Solicitors Regulation Authority (SRA) has recently released guidelines on how to claim for mitigating circumstances in Solicitors Qualifying Examination (SQE) exams. This information is part of a new online tool designed to aid SQE candidates with the process and answer frequently asked questions. This new resource comes soon after the SQE2 pass rates were reported to have reached an all-time high of 81%.
Understanding Mitigating Circumstances
According to the SRA, mitigating circumstances refer to unexpected and uncontrollable incidents that could negatively impact a candidate’s ability to perform in the exams. These might include administrative errors, evidence of bias during the assessment, sudden changes in the candidate’s personal life, or an unexpected flare-up of an illness.
What Doesn’t Count as Mitigating Circumstances?
The SRA is clear that certain situations cannot be presented as mitigating circumstances. These include:
- Transport issues
- Holidays and family events
- Employment-related disruptions
- Disruptions to study
- Misreading the assessment timetable
Evidence for a Mitigating Circumstances Claim
To make a claim for mitigating circumstances, candidates must provide valid evidence. For example, if a claim relates to bereavement, a death certificate is required. All claims must be submitted within five days of the incident.
Technical and Environmental Issues
The SRA states that technical or environmental problems during the assessment are unlikely to be accepted as mitigating circumstances. These issues are anticipated to be resolved by invigilators on the day of the examination. For instance, if a candidate’s computer freezes, the timer will stop, and the affected student might get an additional five minutes for loss of concentration.
Implications of a Successful Claim
If a claim for mitigating circumstances is accepted, the SRA does not adjust marks. Instead, the attempt is discounted, allowing the candidate a free retake without it counting toward the three-attempt limit. Candidates should also receive a refund in these circumstances.
Conclusion
The newly issued guidance offers clarity on the SRA’s approach to mitigating circumstances in SQE exams. It’s crucial for candidates to understand these guidelines to effectively navigate any disruptions that may occur during their examination process.
