Candidate confidentiality and behaviour

Aug 2, 2024

Introduction

A candidate confidentiality policy operates for all SQE assessments and this is common practice for professional or high stake assessments. Every candidate who is sitting an SQE assessment is required to sign the agreement prior to starting the assessment. Importantly, candidates must acknowledge that they will not disclose or discuss any of assessment content to or with any other party. You can review the policy in advance of your assessment. We also have the expected standard of behaviour of SQE candidates that applies before, during and after an assessment.

The approach to confidentiality

The policy helps to prevent any candidate 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 well be wrong or misleading, so it is a disadvantage to candidates that are 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.

We do have other measures in place to protect the integrity of the assessment which will make any information shared of limited use. The confidentiality policy is just one of these measures.

Expected standard of behaviour

SQE candidates are expected to behave in a manner that is consistent with the SQE Assessment of Character and Suitability Rules and SRA Code of Conduct for Individuals. These describe the standards of professionalism, honesty and integrity that the SRA expects of solicitors in England and Wales. Sharing information about the assessment is a breach of the confidentiality agreement and may constitute a breach of the Assessment Regulations, both of which are actions that are potential breaches of the SRA Assessment of Character and Suitability Rules.

Guidance for candidates on permitted behaviour

Study groups may have been set up to share practical information 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. Candidates may also talk about the assessment in a general way, such as commenting on how difficult they found it, how they prepared, how they dealt with the pressure or managed their time. This type of behaviour is acceptable, but candidates are encouraged to consider their obligations carefully before posting information online or sharing any information relating to the assessment.

Behaviour that may constitute breach

Candidates must not discuss or share information about the content of assessment questions. A clear example is sharing information about assessment questions you have seen in an assessment you have taken - i.e. specifics of the assessment question or the subject area of a question.

Consequences of a breach

If candidates share information about the content of assessment questions it can amount to a breach of regulation 13 of the assessment regulations, which they are bound by as part of the terms and conditions, as well as a breach of the confidentiality policy. Regulation 13 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.

A candidate found to have engaged in malpractice or improper conduct will fail that assessment and will not normally be permitted to sit an SQE assessment again. 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.

Sources of information about the assessment

We encourage candidates to learn more about the assessment as early as possible. You will be better prepared and know what to expect. There is lots of information on the website including helpful sections on what to expect on the day of an SQE1 assessment and SQE2 assessment. You can access sample questions for SQE1 and SQE2 and also become familiar with the test platform before your assessments by accessing the Pearson VUE test platform for SQE1 and SQE2. We have also published some case studies written by candidates that have completed the SQE to help you understand the nature of assessment, including their preparation tips. Candidates also receive full joining instructions and you can also contact our candidate services team with any questions.

Learn more: Candidate confidentiality policy and Expected standard of behaviour