Diploma validity

Professional Education and Training (PEAT) is the two-stage post-graduate part of the route to qualification as a solicitor in Scotland. PEAT 1 (known as the Diploma in Professional Legal Practice) is the vocational stage. Each person who holds a PEAT 1 qualification has met a series of knowledge; skills; and attitudes and values outcomes that, combined, demonstrate that they are at the standard of the Day 1 trainee. PEAT 2 (also known as the traineeship) has a similar set of outcomes which substantially builds upon and hones, in a work-based environment, what was learned in the simulated environment of PEAT 1.

The link between the Diploma and the traineeship is therefore of fundamental importance. In general, the longer the gap between them, the harder it is for an individual to be able to evidence that they have retained the standard of the Day 1 trainee. Given changes to law, procedure and practice, without additional effort by an individual, it is likely that the knowledge, skills, attitudes and values of a Diploma qualification will become out of date.

The Society has taken the view that a five and a half year gap is a reasonable upper limit of for the currency of the Diploma and that this is a proportionate position which balances fairness of access, without undermining the educational integrity of that qualification.

The five and half year period seeks to fulfil our regulatory objectives as outlined in the Legal Services (Scotland) Act 2010. Allowing a significant time between completion of the Diploma before commencing a traineeship helps to promote an independent, strong, varied and effective legal profession, whilst also encouraging equal opportunities within the legal profession. This is balanced against the requirement to protect and promote the interests of consumers and the public interest generally.  Decisions made by the Sub-Committee to waive Regulation 6(3) will seek to balance these competing interests. 

Applications for a waiver of Regulation 6(3) should be submitted to the Admissions Sub-Committee before the five and a half years have expired. 

An application should consist of:

1. An email or letter setting out your reasons for applying for a waiver.
2. A PEAT 1 outcomes mapping document. We have produced a template, which you must complete and submit with your application.  The template is below. In deciding what to put into the mapping template, applicants should consider the guidance and criteria on this webpage.
3. Your current CV and information about any other relevant employment history information since your Diploma was awarded.
4. Details of whether you have managed to obtain a traineeship.
5. Any other additional relevant information (eg a log of CPD style training or testimonials).

• Do not simply explain your understanding of the PEAT 1 outcomes. Similarly, do not state that you are confident you have maintained knowledge or skills without providing evidence of how you have maintained it. Provide specific evidence of how your work experience and/or training has contributed to you maintaining competence in a particular outcome.
• Whilst preferable, direct experience is not necessarily required for each outcome. Transferable skills and experience can also show that you have kept an outcome up to date.
• The final length of a completed mapping will vary. However, it is possible to submit an acceptable mapping of not more than 200 words per outcome and not more than 5,000 to 8,000 words in total.

When deciding whether to grant a waiver of Regulation 6 (3), the Sub-Committee will consider the following:

• Whether your work experience supports the maintenance of the PEAT 1 outcomes.
• The currency of your relevant experience.
• Whether your work experience was under the supervision of a Scottish solicitor or similarly regulated legal professional.
• The type and level of your work experience.
• The level of responsibility you have been given since graduating with the Diploma.
• Whether your experience has been gained in law applicable in Scotland.
• Whether your experience was gained in areas of law which are covered by mandatory outcomes of PEAT 1.
• The nature, extent and relevance of any CPD-style training undertaken.
• Any other relevant experience and training.

When providing supporting evidence for your application and, in particular, when completing the PEAT 1 outcomes mapping template, applicants should have these criteria in mind.

A number of factors are taken into account when assessing an application.  For full details, see the section above on “Criteria that the Committee will take into consideration when deciding whether to grant a waiver".  However, where applicants have been working in only one area of law and can provide little evidence of further work experience (paid or voluntary) or training in other areas that show that they have maintained their knowledge in all of the PEAT 1 outcomes, it will be harder to submit a successful application for waiver.  Conversely, it will be more likely that the application for waiver is rejected.

This may be the case, even where an applicant has managed to secure a traineeship offer.

No, having a traineeship won’t guarantee a waiver.  Although a firm or training organisation my believe that you would make a good employee, the Law Society has a wider responsibility to ensure that you meet the standard of a day 1 trainee.  This standard acknowledges that, once you have been granted an entrance certificate, you can work in any of the reserved areas and so it is important that you are able to show that you have maintained the knowledge and skills required by the PEAT 1 outcomes, as completely as possible.

Although Diploma graduates now have five and a half years to secure a traineeship, they previously only got two and a half. Under that previous system, we used to require applicants to come forward every year, after two and a half years, and submit applications for waiver. 

The reason that we extended the initial period to five and a half years was because, under the previous system, the first three waivers (i.e. after two, three and four years) were typically all granted before we would start to reject further applications for waiver. 

The move to allowing Diploma graduates five years and a half years to commence a traineeship is therefore a considerable advantage, when compared to the previous regulations. However, it consequently brings with it a much higher burden to show you have maintained your competence and means your chance of being refused a waiver at the first time of asking is high.

The Law Society views five years as a fair and reasonable time to get a traineeship, whilst also having regard to the fact that we expect someone’s Diploma knowledge, skills and experience to be current, when commencing a traineeship. 

Unless otherwise stated in the Sub-Committee's decision, a waiver will result in an applicant’s Diploma being accepted by the Society for up to one further year only.  This further year will run from 1 January to 31 December in the year following application or, where the application is submitted after the initial Diploma currency deadline has passed, until 31 December in the year of the application.