Following the appointment of the Commissioner for Conduct, a recommendation of Baroness Harriet Harman KC's review, the Bar Standards Board (BSB) and the Bar Council’s (BC) Commissioner for Conduct have agreed a protocol which sets out how our organisations will work together to support people experiencing bullying, harassment and sexual harassment at the Bar.

The protocol establishes a clear and consistent procedure for the referral and handling of bullying, harassment and sexual harassment reports between the Commissioner and the BSB. The protocol confirms that where such reports amount to serious misconduct, the BSB will take action. Where they don’t meet the BSB’s threshold for regulatory action, the Commissioner will support individuals to raise their concerns with the responsible body such as chambers or the judiciary.

As part of its commitment to help victims of bullying, harassment or sexual harassment, the BSB is piloting a new approach to the reporting of these cases. Barristers who are under a duty to report serious misconduct by others to the BSB can now satisfy that duty by reporting either to the Commissioner or to the BSB, where the report relates to bullying, harassment or sexual harassment.

To improve how victims can seek support and assistance, they and their confidants will not be obliged to make such reports when they experience these behaviours. This means that the Commissioner may offer support to victims and complainants without triggering an obligation to report to the BSB, but the Commissioner will support them in doing so. The new guidance also recommends making such a report where there is a “reasonable suspicion” that it occurred. These are all recommendations of Baroness Harman’s report into bullying, harassment and sexual harassment at the Bar. 

Professor Christopher Bones, Chair, The Bar Standards Board said: “We are delighted to be working together with the Bar Council in driving culture change and taking actions in response to the recommendations set out in the Harman report. This agreed protocol shows how we will carry out our respective roles to help support those who need our help in making reports concerning bullying, harassment and sexual harassment at the Bar.”

The Bar Council’s Commissioner for Conduct, Dame Maria Miller, said: “This is a significant milestone in delivering the recommendations of Baroness Harman’s review and establishes a clear agreement of roles and responsibilities with the BSB. It has been a priority for me since taking up my role 6 months ago as it means we can better support those who experience bullying, harassment and sexual harassment at the Bar. Importantly, it will help address the barriers to reporting identified in the Harman review.”  

Kirsty Brimelow KC, Chair of the Bar Council, added: “Eradicating misconduct and serious misconduct from Bar and Bench remain a priority and the Bar Council remains committed to taking all necessary steps to protect and support our profession. The protocol provides clarity for barristers and chambers on what constitutes serious misconduct and their responsibilities to report incidents. It aims to be of practical assistance to chambers and barristers. It is an important and welcomed step and the culmination of work between the Commissioner for Conduct, Dame Maria Miller, with the Bar Council and Bar Standards Board.”

 What does the protocol mean for you?  

The way you can report, what constitutes serious misconduct, and the evidence you need has changed.  

  • You can now meet your duty to report by reporting to the Commissioner via Talk to Spot   

  • Under the BSB’s new guidance, you don’t have to worry about your duty to report when someone confides in you so you can give them help and support with confidence 
  • The BSB definition of serious misconduct now includes serious instances of bullying 
  • The BSB has introduced a lower threshold for reporting – you should now report when there is a reasonable suspicion (previously the threshold was reasonable belief) 

If you’re unsure about whether your duty is triggered, contact the Commissioner for Conduct in confidence via Talk to Spot.