Fairness, confidentiality, and candidate behaviour

The approach to confidentiality and fairness

The purpose of the SQE Candidate Confidentiality Policy is to prevent a candidate or other party obtaining an unfair advantage. It is not fair on other candidates for someone to share information about the assessment questions.

Information that is shared may also be wrong or misleading, so can be a disadvantage to candidates receiving such information when preparing for an assessment. Furthermore, candidates will not know which paper or questions they or other candidates will be taking.

The SQE is part of the process for becoming a solicitor of England and Wales, which carries responsibilities to the public. A fundamental element of being a solicitor is the duty of confidentiality.

Whilst there are a number of measures in place to protect the integrity of the assessment, which in turn will make any information shared of limited use, for the reasons set out above, it is essential that candidates adhere to the applicable policies and standards.

Policies and standards

There are a number of policies and standards that apply to all SQE assessments to help ensure a fair assessment for all candidates:

• A candidate confidentiality policy is common practice for professional and high stake assessments. Every candidate is required to sign a confidentiality agreement prior to starting the assessment. The wording of the agreement can be found in the SQE Candidate Confidentiality Policy. Candidates must acknowledge that they will not disclose or discuss any assessment content to or with any other party.
• Regulation 13 of the assessment regulations, which candidates are bound by as part of the terms and conditions, provides a non-exhaustive list of what amounts to malpractice and/or improper conduct. It includes disclosing or discussing details of the content of any element of the assessment and providing and/or disseminating information about any element of the assessment with a view to assisting current or prospective candidates.
• The expected standard of behaviour of SQE candidates that applies before, during and after an assessment.
• The SRA Assessment of Character and Suitability Rules and SRA Code of Conduct for Individuals.

Guidance on behaviour that would not be a breach

• Sharing practical information about the assessment arrangements or experiences, such as letting others know that assessment joining instructions have been sent or reminding peers of deadlines for submitting seat reservation forms for bookings.
• Joining a study group to study together and having peer support.
• Discussing the content of the Assessment Specifications, the functioning legal knowledge (or FLKs) or the sample questions.
• Talking about the assessment in a general way, such as commenting on the level of challenge, how you prepared, how you dealt with the pressure or managed your time.
• Discussing the possible proportion of questions per subject area that can arise by reference to the SQE1 blueprint or assessment specifications.
• Providing general guidance on the approach to answering assessment questions or on the general structure of assessment questions - e.g. that SQE1 questions have a stem with five options and are single best answer multiple choice questions.
• Reviewing your breakdown of marks and discussing areas for improvement with others, including your training/education provider and employer.

The type of behaviour mentioned above is acceptable, but candidates are encouraged to consider their obligations carefully before posting information online or sharing any information relating to the assessment.

Guidance on behaviour that would constitute a breach

• Candidates must not discuss or share information about the specific content of assessment questions. “Sharing information” includes posting information about assessment questions online or on chat forums.
• Examples of sharing information about the content of assessment questions include:
  • Discussing the specific content of assessment questions with others
  • Reproducing the content of the assessment questions in written or recorded form
  • Producing guidance on the content of the assessment questions you have seen in an assessment.

This applies to sharing information about assessment questions with any party, including other candidates and training providers.

Consequences of a breach

Sharing information about the content of assessment questions can amount to a breach of the policies and standards set out above. The consequences of a breach include the following:

• Failing that assessment and not normally being permitted to sit an SQE assessment again (breach of Regulation 13, malpractice/improper conduct)
• The SRA reserves the right to report the finding to the candidate's employers and/or sponsors
• The SRA may also take any further action as appropriate.

Recommended action

Please review the candidate confidentiality and other policies in advance of your assessments:

• Candidate confidentiality policy
• Expected standard of behaviour
• Assessment Regulations
• SQE Assessment of Character and Suitability Rules and
• SRA Code of Conduct for Individuals

Note: This page reproduces content published from a news item on 2 August 2024, but has been updated and reformatted for this webpage.