Privately educated and Oxbridge elite still dominate top judiciary, report finds

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By Legal Cheek on

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‘Disappointing’ says social mobility charity

Royal Courts of Justice
The upper ranks of the judiciary remain overwhelmingly dominated by those who attended private schools or Oxbridge unis, according to new research by the social mobility charity Sutton Trust.

Its latest Elitist Britain 2025 report found that 62% of senior judges were privately educated, despite only 7% of the general population attending fee-paying schools. The figure has barely shifted from 65% in 2019, despite years of diversity drives across the legal sector.

By contrast, just 21% of senior judges attended state comprehensives, compared with nearly 90% of the population. While that figure is up from 13% in 2019 and 4% in 2014, much of the rise appears linked to a decline in those who went to grammar schools.

The report also reveals that three-quarters (75%) of senior judges studied at Oxford or Cambridge, making the judiciary the most Oxbridge-heavy profession surveyed. Patterns of university attendance have changed little over the past decade, something the Sutton Trust suggests may reflect the older age profile of judges and the slow rate of turnover at the top.

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Commenting on the findings, Katy Hampshire, director of programmes at the Sutton Trust said:

“It’s disappointing to see that the senior judiciary remains one of the most elitist professions in Britain, despite efforts to widen access to the legal sector in recent years. Senior judges wield significant power, so it’s crucial that they are more representative of the people that they serve. Increasing diversity in the sector overall is important, but improving access for those entering the profession is only the beginning. Gaps in progression must also be addressed to ensure that socially mobile individuals are able to reach the most influential positions in the legal profession.”

The charity runs its own Pathways to Law scheme for 16–18 year olds from lower-income backgrounds, and pointed to other initiatives such as PRIME, a coalition of over 60 law firms seeking to improve social mobility in the profession.

But the report concludes that while entry-level diversity programmes are welcome, they will take time to filter up to the judiciary, and calls for better collection and monitoring of socio-economic data across the profession to help tackle barriers to progression.

39 Comments

State comp educated Oxbridge bazza

Can we please stop lumping Oxbridge in with independent schools?

These people are aware that you don’t have to be privately educated to go to Oxbridge… in fact, Oxbridge’s stats for state v private education are better than the likes of Durham, Bristol, Exeter et al.

Asking for a friend

I went to Liverpool, which is “Russell Group”.

Is that considered “elite”?

Little goblin of law

SURELY you need to give diversity some time to take effect. It’s blaringly obvious that those positions at the top will take a little extra time to ‘even out’. No?

Why

Why should these positions ever “even out” and stop being occupied predominantly by top universities alumni?

Little goblin of law

I’m not saying they should “even out”, I’m saying that DEI etc. are in action as a matter of fact. Whether I agree fully with how they are implemented is another story.

I agree with what you’re implying – that these positions being occupied by those who attended top institutions is not inherently bad at all. Also, Oxbridge attendee ≠ posh nepo candidate. I think most can agree on that.

Controversialist

I’d rather have the best judges and barristers working in our system.

If this happens to be those who have been to the best schools and universities, then so be it.

Why lower the standards to enable greater social mobility if the quality suffers as a result?

Speaking as one who went to neither.

Realist

“I’d rather have the best judges and barristers working in our system”

If you know anything about how Chambers actually recruit, you would not be saying that lol.

Many of the current top KCs were literally ‘brought into’ the profession decades back because of family connections (and openly talk and joke about this), and nowadays most pupillage recruitment processes are entirely devoid of law – you spend 30 minutes debating various non-legal prompts or discussing non-legal problem questions. I highly doubt this is the making of “top” barristers, let alone a meritocratic way to recruit pupils. For those of us who have been through these processes…we know.

A lot of it comes down to ‘vibes’ – “oh, you went to this college? So did I”, “you know X Professor? He taught me too”. Individuals with similar experiences, backgrounds etc naturally will get on quite well – removing any substantive testing of legal ability and legal reasoning makes the whole process much more prone to such internal biases.

That’s now how you recruit the best talent. Sure, you will still recruit some ‘good’ people with potential given the emphasis on academics in the sifts – but let’s not get confused; the processes remain highly biased and not very meritocratic…

NotJudgeJeffreys

One reason is that the law is overwhelmingly dominated by arts graduates – indicating there is a disproportionate pathway for certain people irrespective of the actual subjects taken at A level or degree level – which would indicate the breadth of knowledge available to the judiciary is far narrower than one would expect

Broken Britain

I’m fuming that our judges went to the best universities in Britain. That’s such a terrible indictment on society.

realist

Those with greatest interest in academic law (read, Oxbridge lawyers) more likely to end up in most academic role in legal practice.

Not exactly a story is it?

State school barrister

The private school element is more troubling.

Realist

haha half of the Bar is made by non-lawyers, i.e. those that did not study law. It seems that all you need to become a barrister is a Starred First degree in Classics or History. The recruitment processes are created in a way that they purposely don’t actually test your legal ability or reasoning.

Maybe re-think that assertion.

Pupil supervisor

As someone directly involved in building a pupillage assessment process for a chambers, you are talking nonsense. Obviously everyone who gets pupillage has to study law, so not sure what you mean there. We go to great lengths to test skills of legal analysis and advocacy.

Anon

Well.. what do you expect. They mostly spent their time in the legal profession working in institutions no less concentrated.

MC Partner

I hire OxBridge graduates exclusively because they are more sturdy and serviceable. In my experience, graduates from non-Oxbridge Russell Group universities are not quite the same.

Don’t get me wrong: non-Oxbridge graduates can be useful too, but it is a fairly hit-and-miss affair particularly in the UK. I’d rather hire quality candidates from top universities in the U.S. or the Far East.

Ox-Ivy Reject by Choice Not by IQ

Ah, the classic “I only hire Oxbridge” take. A reliable indicator that someone values a crest on a CV over actual, you know, thinking.

Let me get this straight: you’ll pass over a graduate from Manchester, LSE, Imperial, universities that consistently outrank most Oxbridge colleges in global subject rankings but you’ll happily hire someone from a “top university in the Far East”? Sir, that’s not a hiring strategy, it’s a bizarre form of academic cosplay.

Your entire argument confuses privilege for quality. The main thing that makes an international student “sturdy and serviceable” for Oxbridge isn’t intelligence; it’s a trust fund. The fees are astronomical, and the scholarships are peanuts. I know this because Oxford and Cambridge both sent me offers, right alongside Yale and Berkeley. I chose a Russell Group university because their scholarship actually allowed me to eat and study, a concept I’m sure is foreign to someone who thinks a £40,000 price tag is a suitable interview question and lets not discuss the fees of US universities.

So, while you’re busy playing Dickensian aristocrat, cherry-picking who you deem “quality” based on a postal code, the rest of us are out here building actual skills. My degree from a world-class Russell Group university is identical to an Oxbridge one in every way except the amount of debt I don’t have and the misplaced sense of superiority I didn’t acquire.

Maybe it’s time to update your hiring criteria from the 19th century. You might just find some truly brilliant candidates who were too smart to buy the overpriced brand.

MC Partner

“My degree from a world-class Russell Group university is identical to an Oxbridge one in every way” – I like your sense of humour.

Hmmmmm

Quite impressed that you managed to get offers from both Oxford and Cambridge given you can’t apply for both in the same year…

2Birds1Cup

It’s not that deep. Who wants to be a judge anyway.

Former lawyer

In my experience, Oxbridge graduates (British ones) are “sturdier” (for which read, “more capable of withstanding long hours for weeks on end”) and more serviceable because of the rigorous tutorial and supervision systems at Oxford and Cambridge, which keep their students’ noses to the grindstone for concentrated periods of 8-week terms. 3-4 essays per week, plus tutorials and all the reading – it’s much more than most RG arts/law/social sciences departments demand of their students. There, the normal is 1 or 2 essays a term and no real pressure on an individual from any tutor. Law’s better than most subjects but it’s not as tough as it is as Oxbridge.
I’m a RG grad, so is my offspring – but my nieces and nephews are Oxbridge and many people I work with. They know how to work hard, they’re trained up to it.
If only all universities were as full-on as Oxbridge.

reality check

bit of a chip on your shoulder there mate … worth noting that oxford and cambridge did not both send you undergraduate offers, so you must mean post-grad, which i’m afraid everyone knows wouldn’t have counted as ‘going to oxbridge’ anyway …

Idk

Keir Starmer went to Leeds for his undergrad though … and did postgrad at Oxford.

I think it does count considering his legal career.

Barrister

In my experience interviewing and supervising pupils for many years, going to Oxbridge is not a good indicator of ability to perform – at the bar. Many do well but it’s far from a reliable indicator.

NotJudgeJeffreys

What you mean by “more sturdy and serviceable” is that they are more easily inducted into the world you think they should occupy – in a Jesuitical manner. It goes like this..do you want to be successful and earn lots of money? Yes? Then do what I say, and act like I act, and you too will inherit my world…

Realist

You’re a solicitor, I don’t think your opinion counts haha (this is the exact take Oxbridge barristers would take on this – they do think they are better than you MC Partner;) )

Anna

Good. I say this as someone from a working class background. The judiciary must remain populated primarily by the academically elite.

State school barrister and ddj

Going to private school does not mean you are *academically elite*

NotJJ

The person who first developped the AZ covid vaccine went to UEA. Were they not academically elite?

Scounsel

I’m grammar school and redbrick.

Where do I fit into the Judgment roster?

Rohan

Hybrid 😁

Ravinder Singh Chumber

Good.

Ravinder Singh Wumba

If you get knocked down, you should get up again and never let anyone keep you down!

Ibukun Ogunfeitimi

The mentoring programme must be made available to socio-economically disadvantaged students. As a mentor to undergraduate students seeking a graduate management trainee position, my mentee was equipped to compete with elites from household-name universities and was later offered a job as a graduate management trainee.

feasel

As most senior judges have 40-odd year careers behind them, is it really surprising that the senior judiciary reflects how the bottom of the professions looked in the 1980s?

Alasdair from HK

Do you really think so? There’s a lot of merit in this article.

Jazza

‘Better educated people more capable of doing difficult job’

Just the facts

There is a massive correlation between income and intelligence and intelligence is increasingly shown to be heavily polygenetic. It should be expected that the private schools have a greater concentration of the brightest of any cohort.

moneybags Mansfield’s clerk

Shock! Horror! The Judiciary are mostly from oxbridge.
So how many barristers does it make to change a light bulb?

moneybags Mansfield’s clerk

Shock! Horror! The Judiciary are mostly from oxbridge.
So how many barristers does it take to change a light bulb?

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