The Office of Fair Trading (OFT) has criticised plans by the Bar Standards Board (BSB) to bring in a compulsory aptitude test for entry to the Bar Vocational Course (BVC).

The test was one of a number of recommendations made last year by a BVC working party chaired by Derek Wood QC.

It had been hoped that the aptitude test would be brought in to coincide with the introduction of the new Bar Professional Training Course (BPTC), which will replace the BVC from autumn 2010. However, an OFT report on the matter has concluded that the test would have "the potential to have a significant effect on competition through unnecessary restriction of entry into the profession."

It adds that it would require "ongoing, potentially costly, regulatory oversight to ensure it did not become an unnecessary restriction on competition."

Instead the OFT has proposed a voluntary aptitude test as an alternative.

The BSB had hoped the aptitude test would filter out those students unlikely to pass the BVC. However it would have had no effect on the main criticism levelled against the BVC – that only a very small percentage of students go on to secure pupillages – as pass rates have historically been high.

Commenting on the OFT's position, the BSB said: "We have received comments from the OFT and will respond to the Ministry of Justice in due course. In developing the aptitude test, we are taking steps to consult extensively. The test will be piloted before it is put into use as an admission requirement for the BPTC."

Between 2003 and 2007 the number of students enrolling on the BVC rose from 1,332 to 1,932, while during the same period the number of pupillages steadily fell to around 500.

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