Disability and Applying for Pupillage

Applying to the Bar and the nature of the pupillage application process is daunting, challenging and exhausting. When disability is also taken into consideration during the pupillage application process, these difficulties are exacerbated in both the application and of the physical and mental challenges of pupillage and the barriers that can be put in the way of achieving this career for those with disabilities. As two disabled people, we have seen the pupillage application process first hand and have also heard the stories of aspiring barristers, practising barristers and judges with disabilities through our podcast, ‘Disability’s Not a Bar’.

Application Form – Written Application

For all applicants, completing the written application is a huge drain on energy and time when applicants are still studying, taking exams or working. It is no secret that many applicants apply to up to twenty sets and are preparing for the application process (which lasts from January to May) from around November the previous year.

There are no adjustments possible to the timetable and we know candidates who have had to drop out due to illness or hospitalisation because the deadline to apply is such a strict one.

The length and extent of the written application process can also be exceptionally difficult for those with disabilities. For example, as someone who is registered blind [Haleemah], the application was very painful on the eyes for me as the submission process was the same length of time for everyone, with no exceptions, which prevented necessary pacing or additional time that would be received in other circumstances such as examinations.

Application Form – Extenuating Circumstances

The application form also provides an opportunity to write extenuating circumstances and for applicants to explain their conditions. Though this may be intended to support applicants with disabilities, it is clear from feedback that people are concerned about revealing their disability and requesting reasonable adjustments, even when prompted, for fear of judgement that they are not going to be deemed as a competent candidate. Part of the challenge of disabled people completing these applications may also be internalised ableism that arises from their experience of the legal profession.

Application Form – Competencies

Many of the questions within the application ask about competencies, such as resilience, for which the disabled experience can be an answer. Achieving things that are a challenge, whilst also experiencing adversity through disability demonstrates many of the skills requested through the application and the ability to be a competent barrister. For example, often, people with disabilities have had to advocate for themselves, have not had their needs catered for, have been unable to access resources and beyond. An applicant’s experiences can not only demonstrate the journey that they have been on but also the skills that they can provide to the career and to future clients and cases.

Yet, what we have become aware of is that candidates are afraid to answer these questions with reference to their condition or disability for fear of judgement that markers will perceive that as the entirety of their experience.

Adjustments

The Disability Scheme, used by some chambers, guarantees an interview to a disabled candidate who meets their criteria. This scheme is debated often with our guests as some feel it creates a nature of positive discrimination. Instead, ensuring that people receive the correct adjustments and support during the process is arguably of greater value with the aim of equality.

Reassuring candidates that Chambers and interviewers will facilitate necessary adjustments takes away part of the fear of judgement. When inviting candidates to interview, this can be reinforced with options of what might be needed, for example, by providing extra time or identifying access needs such as lifts and ramps before these are requested.

Making a candidate feel accepted with their accommodations is positive but it requires those to then be upheld and followed through with. We have experienced situations where accommodations are not followed through with. I [Charlotte] once had a set without a lift and pre-requested time at the top of the stairs to readjust, change shoes, breathe and prepare. Instead, I found myself walking straight into the interview room at the top of the stairs with no adjustment time. I could not, therefore, perform at my best. In my final of four years of applications, I had 16 interviews which caused enormous pain and fatigue to complete. Chambers’ pre-asking about my needs, then fulfilling them, made a huge difference to my experience. I now know that the Chambers that I have accepted pupillage at understand my condition and will support me through my career.

Not every experience is negative, and some Chambers were brilliant, accommodating, asked me far in advance what I needed and implemented it before my arrival. Similarly, I [Haleemah] must commend all the chambers that invited me to interview for their proactive approach to arranging my reasonable adjustments. I had pre-disclosed my sight loss for awareness, but their positive attitude was valuable to my experience.

For Chambers…

Despite the competition and pressure of finding pupillage, the pupillage process is also a way for candidates to find a match for them; pupillage is an investment from both sides. I [Haleemah] always ask Chambers in interviews whether they have any Barristers with a disability and how they cater for them to gauge their response.

Our biggest clarity through the podcast is that disabled people can make for fantastic barristers. Any obstacles for disabled candidates prevents this opportunity to unlock potential for both the set and the candidate.