Sam Mercer is the Bar Council's Head of Diversity and Inclusion and Corporate Social Responsibility. We have produced a new report based on surveys of the largest 200 sets to establish levels of accessibility for mobility impaired barristers, pupils, staff and visitors. The report aims to show where chambers are now as well as to encourage chambers to prioritise physical access improvements. In this blog, Sam discusses the report's findings and its recommendations.
This year, our annual disability seminar explored chambers’ accessibility, focusing very much on physical access for anyone who is mobility impaired.
While access to court is important (and we’re working with HMCTS on this), we’ve recently been looking at chambers. This follows the Bar Standards Board’s (BSB) 2024 proposals to change the Bar’s Equality and Diversity rules. One proposed rule change required all chambers be ‘fully accessible’ within 5 years. Whilst the BSB opted not to proceed with regulation, giving the Bar another chance to make improvements, most now accept the need to do more work in this area.
Establishing levels of accessibility
When we looked at this issue in forming our response to the BSB’s proposals, we recognised the lack of information on accessible chambers. So, over the summer, we have worked with the largest 200 sets, directly and via the Inns of Court, to establish levels of accessibility. We’ve also explored, where possible, the extent to which those with limited/no access have a plan in place for supporting a mobility impaired pupil, tenant, staff member or visitor.
We have now produced a snapshot report on chambers’ accessibility for mobility impaired people. Sadly, our findings are disappointing, highlighting work to do. Our surveys found:
- Nearly one in 5 (18%) chambers were not accessible
- Just less than a third (31%) offer limited or partial access
- 17% provide basic independent access
- A third of chambers (34%) provide full independent access
Some respondents had no access and no plan in place in relation to what they would do if a mobility impaired pupil or member needed access. About half communicate information about access on their website or mention accessibility in recruitment literature.
We need to do better. The inability to physically enter your chambers will significantly impact your experience of the profession and your career. It denies collegiality in casual interaction, social support and learning opportunities from colleagues as well as the opportunity to attend chambers-based marketing events. It also means a barrister or pupil is prevented from dropping into the clerks’ room and from being visible and ‘front of mind’ when it comes to work opportunities. Learning from the 2020 pandemic demonstrates working remotely does not mitigate these problems and is not a solution to a lack of physical access to a building and community.
In our report (and seminar) we recognise the need to improve wherever we can. We acknowledge for some this will be difficult, but accessibility is not an issue that can be avoided in the long term. Those attending the seminar were given a clear warning - discrimination claims come with questions on chambers’ approach – and simply responding “not accessible/no plan” is not a viable option.
The speakers and panel echoed our recommendations:
- Audit your premises.
- Improve information about accessibility on your website.
- Plan. Plan. Plan.
And when it comes to planning:
- Plan as part of your anticipatory duty
- Plan how to accommodate any mobility impaired pupil or barrister (and put your plan in your recruitment literature)
- Plan to consider/prioritise accessibility when negotiating any future lease, considering refurbishment or moving premises
We have committed to provide more guidance and will continue to consult with the Inns of Court. In the meantime have a look at our research, use our accessibility self-audit tool for chambers, and check out our disability guides and resources. If you need further help contact our Equality Team.
We welcome your feedback and thank all those chambers who took part in our research.