Mandatory anti-bullying and anti-harassment standards recommended for the Bar

The report, commissioned by the Bar's representative body and led by former Labour law officer and solicitor Baroness Harman KC, warns of an “inconsistency of approach” across the profession in regard to anti-harassment and anti-bullying policies.

It notes that policies and any associated guidance should be “consistent” across the Inns, chambers and the judiciary, and calls for the scope of professional misconduct to be “clarified”.

Published today, (8 September), the independent review was launched in response to research on the extent of bullying, harassment and sexual harassment at the Bar.

Introducing the report, Baroness Harman said: “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. […] But when it comes to bullying, harassment and sexual harassment, the bar does not always uphold those standards.”

She added: “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 report set out 36 recommendations, including:

• Mandatory anti-bullying and anti-harassment standards, policies and training that are consistent across the profession;
• A new Commissioner for Conduct to tackle bullying, harassment and sexual harassment at the Bar appointed by the Bar Council;
• Overhaul of the complaints system including introducing time limits for processing cases, support services and mandatory vulnerable witness training;
• Sexual relations between barristers or employees with someone who is a pupil, mini-pupil or undertaking work experience in their chambers should be proscribed as misconduct;
• Sanctions decisions following a judicial misconduct finding should be taken by the Lady Chief Justice, the Lord Chancellor, and an independent person to tackle the perception that sanctions are “unduly lenient” which deters complainants;
• Protocols and data-sharing agreements are needed to ensure disclosure of protection and safeguarding concerns between relevant bodies in the profession.

Responding to the report, Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales said: “I welcome the Bar Council’s focus on this important issue.

“While the majority of judges behave professionally and courteously, Baroness Harman’s review refers to too many examples of judicial bullying.

“Such behaviour is unacceptable and should have no place in our justice system."

She added: “I am clear that the senior judiciary does not seek to excuse or minimise bullying by judges. I am absolutely committed to a modern, diverse and inclusive judiciary that upholds our values of integrity, fairness and respect to all.

“We have clear standards of behaviour expected from all judicial office holders, which is supported by training and support for judges at all levels, particularly those with leadership responsibilities. We have been focussing on judicial conduct in and out of court for many years.  

“But we know we have more to do. We are currently reviewing the routes available to raise concerns and resolve issues and working to challenge and change unacceptable behaviour.  We need to give those who experience bullying, harassment or discrimination the confidence to speak up knowing that something will be done and that their own career will not suffer.”

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.”