Advanced paralegal

This document explains the requirements for end-point assessment (EPA) for the advanced paralegal apprenticeship. End-point assessment organisations (EPAOs) must follow this when designing and delivering the EPA.

Advanced paralegal apprentices, their employers and training providers should read this document.

A full-time advanced paralegal apprentice typically spends 24 months on-programme. The apprentice must spend at least 12 months on-programme and complete the required amount of off-the-job training in line with the apprenticeship funding rules.

The EPA should be completed within an EPA period lasting typically 4 months.

The apprentice must complete their training and meet the gateway requirements before starting their EPA. The EPA will assess occupational competence.

An approved EPAO must conduct the EPA for this apprenticeship. Employers must work with the training provider to select an approved EPAO.

This EPA has 2 assessment methods.

The grades available for each assessment method are below.

Assessment method 1 - project report with presentation, questions and answers:

• fail

• pass

• distinction

Assessment method 2 - professional discussion underpinned by a portfolio:

• fail

• pass

• distinction

The result from each assessment method is combined to decide the overall apprenticeship grade. The following grades are available for the apprenticeship:

• fail

• pass

• merit

• distinction

The EPA is taken in the EPA period. The EPA period starts when the EPAO confirms the gateway requirements have been met and is typically 4 months.

The EPAO should confirm the gateway requirements have been met and start the EPA as quickly as possible.

The apprentice’s employer must be content that the apprentice is occupationally competent. That is, they are deemed to be working at or above the level set out in the apprenticeship standard and ready to undertake the EPA. The employer may take advice from the apprentice's training provider, but the employer must make the decision. The apprentice will then enter the gateway.

The apprentice must meet the gateway requirements before starting their EPA.

They must:

• confirm they are ready to take the EPA
• have achieved English and mathematics qualifications in line with the apprenticeship funding rules

• submit a portfolio of evidence for the professional discussion underpinned by a portfolio

Portfolio of evidence requirements:

The apprentice must compile a portfolio of evidence during the on-programme period of the apprenticeship. It should only contain evidence related to the KSBs that will be assessed by the interview / professional discussion [delete as appropriate]. It will typically contain 10 discrete pieces of evidence. Evidence must be mapped against the KSBs. Evidence may be used to demonstrate more than one KSB; a qualitative as opposed to quantitative approach is suggested.

Evidence sources may include workplace documentation and records, for example:

• legal research outputs
• correspondence such as letters and emails
• case file documents
• witness statements

This is not a definitive list; other evidence sources can be included.

The portfolio of evidence should not include reflective accounts or any methods of self-assessment. Any employer contributions should focus on direct observation of performance, for example, witness statements, rather than opinions. The evidence provided should be valid and attributable to the apprentice; the portfolio of evidence should contain a statement from the employer and apprentice confirming this.

The EPAO should not assess the portfolio of evidence directly as it underpins the discussion. The independent assessor should review the portfolio of evidence to prepare questions for the discussion. They are not required to provide feedback after this review.

Gateway evidence must be submitted to the EPAO, along with any organisation specific policies and procedures requested by the EPAO.

The assessment methods can be delivered in any order. The result of one assessment method does not need to be known before starting the next.

Overview

The project assessment method involves the apprentice completing a significant and defined piece of work that has a real business application and benefit. This process may include for example, research, analysis and the completion of tasks or activities to achieve the outcome. The assessment method will have an output at the end of the defined piece of work. The work completed for the project assessment method must meet the needs of the employer’s business and be relevant to the apprentice’s occupation and apprenticeship.

This assessment method has 2 components:

• completion of the defined piece of work for the project with a project output

• completion of the defined piece of work for the presentation with questions and answers

Together, these components give the apprentice the opportunity to demonstrate the KSBs mapped to this assessment method. They are assessed by an independent assessor.

Rationale

This assessment method is being used because:

• it allows for the assessment of KSBs that take place over a long period of time
• it allows for a broad set of KSBs to be evidenced during the post-gateway period
• it assesses KSBs holistically
• it can produce something that is of genuine business benefit to the apprentice’s employer
• it allows the apprentice to directly demonstrate KSBs relating to communication and presentation
• it allows for the presentation of evidence and testing of responses where there are a range of potential answer
• it can be conducted remotely, potentially reducing cost

Delivery

The apprentice must complete a project based on any of the following:

• a specific problem
• a recurring issue
• an idea or opportunity such as the potential legal impacts of a commercial opportunity, merger or acquisition, property or land purchase or disposal for example. These are illustrative only and not mandatory.
• The project and report must focus on identifying legal strategies and solutions generated by legal research outputs in response to an identified legal matter for a client or stakeholder in the apprentice's area of specialism. For example - whether to take a case or legal matter forward based on precedent, case law, facts of the matter, value for money or commerciality.
• The research must include legislation and, or, case law.

The EPAO must provide a project assessment method specification. It must detail how a project can enable an apprentice to meet the KSBs mapped to this assessment method to the highest available grade.

The EPAO does not need to sign-off each project title before the project starts. The EPAO must instead provide detailed specifications. The specifications must detail what must be include the project to allow an apprentice to evidence the KSBs mapped to this assessment method to the highest available grade. The EPAO must include suggested project titles to enable the employer to select a project that will meet the EPA’s requirements for their apprentice. 

The project output must be in the form of a report and presentation.

The apprentice must start the project after the gateway. The employer should ensure the apprentice has the time and resources, within the project period, to plan and complete their project.

The apprentice may work as part of a team to complete the project, which could include internal colleagues or technical experts. The apprentice must however, complete their project report and presentation unaided and they must be reflective of their own role and contribution. The apprentice and their employer must confirm this when the report and any presentation materials are submitted.

Component 1: Project report

The report must include at least:

• an executive summary (or abstract)
• an introduction
• the scope of the project (including key performance indicators, aims and objectives)
• a project plan
• research outcomes
• data analysis outcomes
• project outcomes
• discussion of findings
• recommendations and conclusions
• references
• appendix containing mapping of KSBs to the report.

The report must also include:

• a detailed outline of the context of the matter.
• an assessment of why the analysis was necessary and setting the objectives of the work.
• evidence to demonstrate how the analysis has been undertaken and the approach taken to the selection of sources, evidence and factors used including consideration of regulatory compliance and cyber security risks.
• the analysis conclusions leading to the formulation of legal strategies and solutions.
• an explanation of how the law applies to the matter.
• an identification of the risks and benefits and mitigations available.
• a recommendation as to the best course of action for the stakeholder to address the matter.

Appendices

• Map of KSBs to assessment method.
• Legal sources used.
• Any supporting resources created such as spreadsheets.

It is the responsibility of the employer to ensure that the information provided complies with their policies and procedures on data security and confidentiality.

The project report must have a word count of 4000 words. A tolerance of 10% above or below is allowed at the apprentice’s discretion. Projects with a word count above 4,400 will not be scored above that parameter. Appendices, references and diagrams are not included in this total. The apprentice must produce and include a mapping in an appendix, showing how the report evidences the KSBs mapped to this assessment method.

The apprentice must complete and submit the report and any presentation materials to the EPAO by the end of week 6 of the EPA period.

Component 2: Presentation with questions

The presentation with questions must be structured to give the apprentice the opportunity to demonstrate the KSBs mapped to this assessment method to the highest available grade.

The apprentice must prepare and deliver a presentation to an independent assessor. After the presentation, the independent assessor must ask the apprentice questions about their project, report and presentation.

The presentation should cover:

• an overview of the project
• the project scope (including key performance indicators)
• summary of actions undertaken by the apprentice
• project outcomes and how these were achieved

The presentation with questions must last 50 minutes. This will typically include a presentation of 20 minutes and questioning lasting 30 minutes. The independent assessor must use the full time available for questioning. The independent assessor can increase the time of the presentation and questioning by up to 10%. This time is to allow the apprentice to complete their last point or respond to a question if necessary.

The independent assessor must ask at least 5 questions. They must create their own questions in line with the EPAO’s training. Follow up questions are allowed where clarification is required.

The purpose of the independent assessor's questions is:

• to verify that the activity was completed by the apprentice
• to seek clarification where required
• to assess those KSBs that the apprentice did not have the opportunity to demonstrate with the report, although these should be kept to a minimum
• to assess level of competence against the grading descriptors

The apprentice must submit any presentation materials to the EPAO at the same time as the report - by the end of week 6 of the EPA period. The apprentice may make amendments to these materials to address minor errors such as typos and visuals in advance of the presentation. No material changes to technical content are permitted. The apprentice must notify the EPAO, at that point, of any technical requirements for the presentation.

During the presentation, the apprentice must have access to:

• digital presentation tools in line with EPAO policy
• visual aids in line with EPAO policy

The independent assessor must have at least 2 weeks to review the project report and any presentation materials, to allow them to prepare questions.

The apprentice must be given at least 2 weeks’ notice of the presentation with questions.

The apprentice may choose to end the presentation early. The apprentice must be confident they have demonstrated competence against the assessment requirements for the assessment method. The independent assessor or EPAO must ensure the apprentice is fully aware of all assessment requirements. The independent assessor or EPAO cannot suggest or choose to end the assessment methods early, unless in an emergency. The EPAO is responsible for ensuring the apprentice understands the implications of ending an assessment early if they choose to do so. The independent assessor may suggest the assessment continues. The independent assessor must document the apprentice’s request to end the assessment early.

Assessment decision

The independent assessor must make the grading decision. They must assess the project components holistically when deciding the grade.

The independent assessor must keep accurate records of the assessment. They must record:

• the KSBs demonstrated in the report and presentation with questions
• the apprentice’s answers to questions
• the grade achieved

Assessment location

The presentation with questions must take place in a suitable venue selected by the EPAO for example, the EPAO’s or employer’s premises. It should take place in a quiet room, free from distractions and influence.

The presentation with questions can be conducted online. The EPAO must have processes in place to verify the identity of the apprentice and ensure the apprentice is not being aided.

Question and resource development

The EPAO must develop a purpose-built assessment specification. It is recommended this is done in consultation with employers of this occupation. The EPAO must maintain the security and confidentiality of EPA materials when consulting with employers. The assessment specification must be reviewed at least once a year to ensure they remain fit-for-purpose.

The assessment specification must be relevant to the occupation and demonstrate how to assess the KSBs mapped to this assessment method. The EPAO must ensure that questions are refined and developed to a high standard. The questions must be unpredictable.

The EPAO must ensure that the apprentice has a different set of questions in the case of re-sits or re-takes.

EPAO must produce the following materials to support the project:

• independent assessor EPA materials which include:
  • training materials
  • administration materials
  • moderation and standardisation materials
  • guidance materials
  • grading guidance
• EPA guidance for the apprentice and the employer

The EPAO must ensure that the EPA materials are subject to quality assurance procedures including standardisation and moderation.

Overview

In the professional discussion, an independent assessor and apprentice have a formal two-way conversation. It gives the apprentice the opportunity to demonstrate the KSBs mapped to this assessment method.

Rationale

This assessment method is being used because:

• it assesses KSBs holistically and objectively
• it allows for the assessment of KSBs that do not occur on a predictable or regular basis
• it allows for assessment of responses where there are a range of potential answers
• it can be conducted remotely, potentially reducing cost

reduces the assessment burden on the apprentice

Delivery

The professional discussion must be structured to give the apprentice the opportunity to demonstrate the KSBs mapped to this assessment method to the highest available grade.

An independent assessor must conduct and assess the professional discussion.

The purpose of the independent assessor’s questions will be to assess the apprentice’s competence against the following themes:

• Ethical and professional working practices
• Digital Technology, Data and Information
• Stakeholder engagement and communication
• Legal Context and Specialism
• Business awareness
• Administration

The EPAO must give an apprentice 2 weeks' notice of the professional discussion.

The independent assessor must have at least 2 weeks to review the supporting documentation.

The apprentice must have access to their portfolio of evidence during the professional discussion.

The apprentice can refer to and illustrate their answers with evidence from their portfolio of evidence however, the portfolio of evidence is not directly assessed.

The professional discussion must last for 60 minutes. The independent assessor can increase the time of the professional discussion by up to 10%. This time is to allow the apprentice to respond to a question if necessary.

The independent assessor must explain to the apprentice the format and timescales of the professional discussion before it starts. This does not count towards the assessment time.

The independent assessor must ask at least 5 questions. The independent assessor must use the questions from the EPAO’s question bank or create their own questions in line with the EPAO’s training. Follow-up questions are allowed where clarification is required.

The apprentice may choose to end the assessment method early. The apprentice must be confident they have demonstrated competence against the assessment requirements for the assessment method. The independent assessor or EPAO must ensure the apprentice is fully aware of all assessment requirements. The independent assessor or EPAO cannot suggest or choose to end the assessment methods early, unless in an emergency. The EPAO is responsible for ensuring the apprentice understands the implications of ending an assessment early if they choose to do so. The independent assessor may suggest the assessment continues. The independent assessor must document the apprentice’s request to end the assessment early.

The independent assessor must make the grading decision.

The independent assessor must keep accurate records of the assessment. They must record:

• the apprentice’s answers to questions
• the KSBs demonstrated in answers to questions
• the grade achieved

Assessment location

The professional discussion must take place in a suitable venue selected by the EPAO for example, the EPAO’s or employer’s premises.

The professional discussion can be conducted by video conferencing. The EPAO must have processes in place to verify the identity of the apprentice and ensure the apprentice is not being aided.

The professional discussion should take place in a quiet room, free from distractions and influence.

Question and resource development

The EPAO must develop a purpose-built assessment specification. It is recommended this is done in consultation with employers of this occupation. The EPAO must maintain the security and confidentiality of EPA materials when consulting with employers. The assessment specification must be reviewed at least once a year to ensure they remain fit-for-purpose.

The assessment specification must be relevant to the occupation and demonstrate how to assess the KSBs mapped to this assessment method. The EPAO must ensure that questions are refined and developed to a high standard. The questions must be unpredictable.

The EPAO must ensure that the apprentice has a different set of questions in the case of re-sits or re-takes.

The EPAO must produce the following materials to support the professional discussion underpinned by a portfolio:

• independent assessor assessment materials which include:
  • training materials
  • administration materials
  • moderation and standardisation materials
  • guidance materials
  • grading guidance
• EPA guidance for the apprentice and the employer

The EPAO must ensure that the EPA materials are subject to quality assurance procedures including standardisation and moderation.

Performance in the EPA determines the overall grade of:

• fail

• pass

• merit

• distinction

An independent assessor must individually grade the project report with presentation, questions and answers and professional discussion underpinned by a portfolio in line with this EPA plan.

The EPAO must combine the individual assessment method grades to determine the overall EPA grade.

If the apprentice fails one assessment method or more, they will be awarded an overall fail.

To achieve an overall pass, the apprentice must achieve at least a pass in all the assessment methods. To achieve an overall pass, the apprentice must achieve at least a pass in all the assessment methods. To achieve an overall EPA merit, the apprentice must achieve a pass in either the Professional Discussion or the Case Study and a distinction in either the Professional Discussion or the Case Study. To achieve an overall EPA distinction, the apprentice must achieve a distinction in both assessment methods.

Grades from individual assessment methods must be combined in the following way to determine the grade of the EPA overall.

If the apprentice fails one assessment method or more, they can take a re-sit or a re-take at their employer’s discretion. The apprentice’s employer needs to agree that a re-sit or re-take is appropriate. A re-sit does not need further learning, whereas a re-take does. The apprentice should have a supportive action plan to prepare for a re-sit or a re-take.

The employer and the EPAO should agree the timescale for a re-sit or re-take. A re-sit is typically taken within 1 months of the EPA outcome notification. The timescale for a re-take is dependent on how much re-training is required and is typically taken within 2 months of the EPA outcome notification.

If the apprentice fails the project assessment method, they must amend the project output in line with the independent assessor’s feedback. The apprentice will be given 2 weeks to rework and submit the amended report.

Failed assessment methods must be re-sat or re-taken within a 6-month period from the EPA outcome notification, otherwise the entire EPA will need to be re-sat or re-taken in full.

Re-sits and re-takes are not offered to an apprentice wishing to move from pass to a higher grade.

The apprentice will get a maximum EPA grade ofif distinction they need to re-sit or re-take one or more assessment methods, unless the EPAO determines there are exceptional circumstances.

Reasonable adjustments

The EPAO must have reasonable adjustments arrangements for the EPA.

This should include:

• how an apprentice qualifies for a reasonable adjustment
• what reasonable adjustments may be made

Adjustments must maintain the validity, reliability and integrity of the EPA as outlined in this EPA plan.

Special considerations

The EPAO must have special consideration arrangements for the EPA.

This should include:

• how an apprentice qualifies for a special consideration
• what special considerations will be given

Special considerations must maintain the validity, reliability and integrity of the EPA as outlined in this EPA plan.

Internal quality assurance refers to the strategies, policies and procedures that an EPAO must have in place to ensure valid, consistent and reliable EPA decisions.

EPAOs for this EPA must adhere to the requirements within the roles and responsibilities table.

They must also appoint independent assessors who:

• have recent relevant experience of the occupation or sector to at least occupational level 5 gained in the last 3 years or significant experience of the occupation or sector

Affordability of the EPA will be aided by using at least some of the following:

• utilising digital remote platforms to conduct applicable assessment methods

• using the employer’s premises

• conducting assessment methods on the same day

This apprenticeship aligns with:

• National Association for Licensed Paralegals for member

This apprenticeship aligns with:

• Chartered Institute of Legal Executives for member