Parallel Session 3 - Session B
Private Providers of Legal Education: Diversity or Challenge? Professor Patricia Leighton, University of South Wales
The backdrop to this paper are mounting concerns in the UK regarding the funding and vulnerability of public HE, with reports from late 2023 that 25% of universities are insolvent and 13 are facing financial collapse. These are linked to concerns regarding the effectiveness of the sector’s regulatory framework (Universities UK,2023). Private higher education ,including for law is a global issue and covers the provision of privately funded universities through to corporate and individual ‘shadows’ who provide supplementary support to students, generally regarding assessment. They are long established in the UK perhaps best typified by Mssrs Gibson and Weldon. The paper poses a number of questions regarding private provision, drawing on a number of surveys, reports and articles from both legal and educational researchers that have raised concerns. These often mirror concerns about neo-liberal economic policies more generally, which, it was claimed would lead to more choice, innovation and competition in education. This is refuted by some (Hunt and Boliver, 2023; Angulo,2016). The paper then turns to legal education specific issues of the current six private universities three provide law degrees. Arden University provides an LLM in Professional Legal Practice said to be based on the SQE1 and 2. The relationship between ‘academic’ and ‘vocational’ law has often been tense, not least over the content of the qualifying law degree. However, a major concern has to be regarding the role of research and policy development, where the private providers, as judged by their marketing materials, do not see research as relevant, adopting a more convergent approach to learning on their degrees and professional programmes. None entered the REF, 2021, perhaps further heightening the divide between a ‘liberal’ degree, generally provided by the public sector and the focussed, skills-based approach of the private providers. Research into law ‘shadows’ raises different questions. Research indicates the use of shadows is generally because students’ formal courses did not adequately prepare them. for assessments. Students are generally positive about shadows, despite their often-high cost. This raises several obvious questions about the quality of ‘public teaching’ and staff student relations. My own research indicates that in the UK the shadow industry is well developed with many long-established providers in law. Shadows can earn considerable sums-it is claimed(Though has to be verified) that the average annual earnings of shadows in the UK is over £50k-with no research, publishing or admin! duties!
The paper concludes by posing a number of questions, most regarding the possible impact of private develop- ments on the nature, culture and success of public legal education.
Key sources
Universities UK, 2023 Presidential Address, Annual Conference 2023
Stephen Hunt and Vikki Boliver (2023) vol 48 Studies in Higher Education
A.J Angulo (2016) Diploma Mills: How For-Profit Colleges Stiffed Students, Tax Payers and the American Dream. John Hopkins University Press
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