- Chair of the review Baroness Harriet Harman KC has made 36 recommendations to tackle what she describes as a culture of “impunity” and “collusive bystanding”
- Baroness Harman found this has led to a “cohort of untouchables” as reporting bullying, harassment and sexual harassment is deemed to be career ending for the complainant
- Reform is said to be needed to shift the jeopardy from the victim to the perpetrator
- Key recommendations include banning sexual relations between barristers and pupils and anyone undertaking work experience in their chambers
Review Chair Harriet Harman KC has today set out ‘decisive and radical’ proposals to tackle systemic bullying, harassment and sexual harassment in and around the Bar.
In June last year, the Bar Council asked Baroness Harman to carry out an independent review after research found increasing numbers of barristers were experiencing or witnessing inappropriate and unacceptable behaviours within their chambers, workplace and in courts.
Hundreds of those working in and around the Bar contributed to the review including pupils, junior and senior barristers, and those working in chambers. Some shared how they had been groped, propositioned, shouted at in court and were left feeling “completely isolated” by their experience.
The review found that most did not report what they’d experienced as it would be career ending, leaving them deemed a “troublemaker” and out of work.
The Bar’s great strengths were identified as the reason why these behaviours often persist. For example, the Bar’s competitive nature ensures work of the highest quality. However, in this environment, those seeking to progress don’t want to complain because they fear it will jeopardise their career.
The review acknowledged that action has been taken to try to tackle these behaviours but concluded that this has not worked, and reform is now needed to bring about real and sustained change.
Harriet Harman KC, Chair of the Independent review of bullying, harassment and sexual harassment at the Bar, said: “Bullying, harassment and sexual harassment is a problem at the Bar and on the Bench, within chambers and courtrooms, in open court and behind robing room doors. It needs to be acknowledged and dealt with to protect future victims. But it is also vital to protect the reputation of the Bar from the stain of misconduct. The Bar is at the centre of the rule of law. It must uphold high standards.
“There is a no confidence in the complaints system. The pervasive fear of complaining about misconduct gives perpetrators impunity, resulting in a cohort of untouchables.
"This is a moment of reckoning for the Bar. I am confident the Bar will face up to the challenge of taking the decisive action I propose. Change is always hard, particularly in an ancient institution. But evolutionary, incremental change won’t cut it. Those who commit misconduct need to know that it will not be brushed under the carpet. Barristers are in no doubt that dishonesty bars them from the profession. The same uncompromising approach is needed to rid the system of bullying, harassment and sexual harassment.
“Jeopardy needs to change from being on the victims to being on those who commit misconduct. Barristers are in court to do their job, not to be bullied. Pupils are in chambers to progress their career, not to be preyed on for sex. I urge any of those at the Bar or on the Bench who would seek to deny or minimise it, to snap out of their comfortable assumptions. It might not be happening to you but listen to what is being said by those, particularly those lower down in the hierarchy, who are subjected to this misconduct, recognise the misery it causes and the threat it poses to the reputation of the Bar. Radical and immediate change is needed to affect a reset of the system and change the culture. Tackling misconduct cannot rest only on the slight shoulders of the victims.
“I hope that the judiciary find this report helpful and that they will take it as an opportunity to acknowledge the problem of judges bullying barristers and to take the further steps needed to stop it.
“I’m grateful to all those who spoke to me and gave evidence to the review. In particular, I hope the individuals who shared their horrible experiences with me will see their courage vindicated in real change.”
Some key recommendations of the 36 include:
- Mandatory anti-bullying and anti-harassment standards, policies and training that are consistent across the profession (recs 1, 2, 3, 7, 8, 29)
- A new Commissioner for Conduct to tackle bullying, harassment and sexual harassment at the Bar appointed by the Bar Council (recs 4, 36)
- Overhaul of the complaints system including introducing time limits for processing cases, support services and mandatory vulnerable witness training (recs 5, 6, 15 – 20)
- Sexual relations between barristers or employees with someone who is a pupil, mini-pupil or is undertaking work experience in their chambers should be proscribed as misconduct (rec 11)
- Sanctions decisions following a judicial misconduct finding should be taken by the Lady Chief Justice, the Lord Chancellor, with the addition of an independent person to tackle the perception that sanctions are unduly lenient which deters complainants (rec 35)
Welcoming the report, the Bar Council will now consult members of the council and its committees on the next steps. The Bar’s representative body also said it will work with all those who have been asked to take forward specific recommendations.
Chair of the Bar Council Barbara Mills KC said: “There is no place for bullying and harassment at the Bar. We commissioned this report last year because we’re aware of the scale of the problem, but seeing its impact on our colleagues and those aspiring to join the profession in this report makes for uncomfortable reading. It’s imperative that all barristers have a safe working environment to deliver best outcomes for their clients. It is everyone’s responsibility – in all parts of the profession, no matter how junior or senior – to create and foster that safe and inclusive working environment.
“We’re grateful for the work carried out by Baroness Harman and to all those who fed into the review. We commissioned this review because we know there is a problem. It is clear that decisive action is required. We will consider these recommendations carefully and develop a plan for change. On the basis of the many conversations I have had with the senior judiciary and the work they have already undertaken in this area, I am confident that we will work together to bring about necessary change. This is a once in a generation opportunity for the Bar to change its culture – and for all of us that change starts now.”
The Bar Council urges anyone who experiences or witnesses any form of inappropriate behaviour to continue to report these incidents if they feel able to. Talk to Spot is available for anyone working in and around the Bar to anonymously and confidentially raise concerns about inappropriate and abusive behaviour or seek support to make a report to the BSB, police or other appropriate body.
- Baroness Harman met with law students, pupils, junior and senior self-employed and employed barristers as well as with senior members of the judiciary, organisations working in and around the Bar and those working within chambers. Baroness Harman considered research from across the profession, visited every circuit and received more than 170 written submissions.
- Harriet Harman KC is a former MP, Solicitor General, Chair of the Joint Committee on Human Rights and Chair of Committees on Standards and Privileges in Parliament. She was supported by the review team - Samantha Granger (counsel to the review) and Tom Pollard as well as a reference group. Find out more about the reference group.