The report of the independent review of bullying, harassment and sexual harassment at the Bar, chaired by Baroness Harriet Harman KC, sets out 36 recommendations.
In her foreword to the report, Baroness Harman writes:
“Those who are called to the Bar are called to more than legal competence. They are called to the highest of ethical standards: honesty, integrity and impartiality. Such ethical standards are owed not just to their clients, to each other and to the courts but to our system of justice. Respect for the rule of law depends on it. But when it comes to bullying, harassment and sexual harassment, the Bar does not always uphold those standards… The Bar Council, to their credit, have recognised the gravity of the problem and are determined to tackle it.
“The problem is the culture of impunity for those at the top who commit misconduct. Those who are subjected to it feel unable to complain All the jeopardy is on them. Those in powerful positions whether at the Bar or in the judiciary who choose to engage in bullying, harassment or sexual harassment can be pretty confident that nothing will be done about it. And that is what must change. The jeopardy must change from the victim to the perpetrator.”
Summary of the 36 recommendations
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Code of Conduct (recs 1 - 4) greater clarity re Bar Standards Board (BSB) Code of Conduct rules, mandatory anti-harassment/bullying policies, training; (Rec 12) seeks clarification on the scope of professional misconduct including addressing personal vs professional relationships
- Handling complaints of bullying, harassment and sexual harassment (recs 5-8) requires a guide to the complaints process, clarity on the Bar Council’s use of Talk to Spot records, support for good practice in complaints handling and seeks consistency (between Inns) in handling cases
- Duty to report serious misconduct (recs 9-10) seeks exemptions for victims and their confidents and work to encourage reporting by others; (rec 13) proposes a lower trigger (reasonable suspicion) for reporting and sanction for not reporting; (rec 14) proposes protocols for data-sharing when there are concerns about an individual
- Protection and safeguarding of pupils, mini pupils and students (rec 11) proposes proper procedures for work experience/serious misconduct for sexual relationship
- Process for handling complaints (recs 15-20) proposes time limits for bringing cases; victim support services; specialist training for BSB teams; better/regular information be given to complainants; standard confidentiality agreements; (rec 28) proposes a review of current case handling (currently paused when serious criminal offences are being investigated)
- Tribunal proceedings (recs 21- 23) proposes faster decision making on anonymity orders and improvements with publication of decisions, also recommends new powers on costs and compensation
- Online abuse (rec 24) proposes regulatory action against online bullying, harassment and sexual harassment abuse
- Sanctions (recs 25 - 26; and 29) proposes significant sanctions to operate as deterrent; and that any previous findings should be considered regarding career progression (eg silk or judicial appointment); as well as protection for targets against retribution. (Rec 29) suggests chambers constitutions should set out sanctions for bullying, harassment and sexual harassment
- Judicial bullying (recs 30 - 35) proposes the judiciary consider using Talk to Spot reporting platform; court monitoring (for more accountability); proposes removing time limits on making JCIO complaints; as well as provision of audio recordings for professional court users; and encourages improved dialogue between Bar and Bench; also, that sanctions decisions should include an independent person, alongside the Lady Chief Justice and the Lord Chancellor
- Commissioner for Conduct (rec 36) Baroness Harman proposes the Bar Council appoint a Commissioner for Conduct to tackle bullying, harassment and sexual harassment at the Bar
Find out more about the review
Read the written submissions to the review
Read the Bar Council’s 2023 report ‘Bullying, harassment and discrimination at the Bar, data from Barristers’ Working Lives 2023 and Talk to Spot reports received by the Bar Council 2019-2023’
