Barristers: Mandatory bias training needed
The Bar Standards Board (BSB) is “not holding perpetrator barristers accountable for harassment and bullying of women”, female barrister groups have argued.
Further, the “trenchant sexist views” some barristers hold should be addressed by mandatory conscious and unconscious bias training”.
As well as calling for a change in leadership at the BSB, gender equality campaign groups Behind the Gown and Right to Equality, and women barristers’ platform Her Bar, said it was “wholly wrong” for barristers to sit on disciplinary tribunals and make decisions about other barristers.
The groups were responding to a call for evidence from the Bar Council’s independent review into bullying and harassment, launched in June and chaired by solicitor and former cabinet minister Harriet Harman KC.
They argued that bullying and harassment persisted at the Bar “because it has been minimised” and with those on the receiving end having less power to challenge it, it became “woven into our culture”.
The BSB was “not holding perpetrator barristers accountable for harassment and bullying of women, and as a result of their failure to act, there is a perception that they are complicit and ill-equipped to handle such complaints”.
There needed to be “a change in leadership, including the chair and director, who appear to have lost sight of the role of the BSB and its public duties”.
Among a host of suggested reforms, the groups said they were “concerned about the trenchant sexist views some barristers hold, and we would encourage the implementation of mandatory conscious and unconscious bias training that specifically addresses gendered biases”.
The BSB also needed to introduce into the code of conduct that sexist and/or misogynistic behaviour and/or racism would be subject to disciplinary proceedings.
“However, we are concerned that the BSB is not competent to handle such complaints and fails to understand the gravity of such abuse and its impact on victims.”
The complaints process must be tightened up, the response went on. “The BSB is used as a mechanism to further the harassment and bullying of barristers, especially women.
“For individuals (whether barristers, solicitors, or lay people) who have an ‘axe to grind’ against a particular barrister, they can quickly send a complaint about them to the BSB, which could result in that barrister being wrapped up in an investigation for years.”
The groups expressed concern that the BSB had barristers and solicitors assessing complaints against other barristers, as well as barristers sitting on the Independent Decision-Making Panel – which decides whether to refer cases to disciplinary tribunals – and tribunals themselves.
“There is a risk that barristers [and solicitors] involved in the regulatory process know the barrister accused of misconduct. Even if they don’t know them, they may work in the same area of law; they may be familiar with the pressure points and hold some sympathy for the circumstances of the case.
“Either way, this affects impartiality, and fairness to complainants and witnesses. By way of comparison, an Independent Expert Panel determines sanctions and appeals in respect of complaints against MPs for bullying, harassment and sexual misconduct. MPs play no part in this process.”
Another real issue was “bullying, comments and aggression faced from opponents – often to be perfectly frank, older male practitioners to young female practitioners”. These go beyond that expected of ‘robust debate’ and “can result in personal digs about intelligence, shouting and aggressive stances”.
The response urged “more courage/assertiveness” from men in court – “Too often they stand by and say nothing” – and an appointed complaints officer at all courts, perhaps the senior usher.
Within chambers, heads of chambers often lacked the time and resources to deal with delicate complaints of harassment or bullying and “poor decisions are made” as a result.
The groups said contacting the Bar Council’s anonymous reporting online tool Talk to Spot “appears the best route” following an incident of bullying or harassment, but the tool had received “mixed reviews amongst our community”, with complaints that it is “not user friendly and crashes” and distrust over how effective and confidential it was.
It should be made “actually effective” and, instead of being a “diary log”, should enable complaints to be filtered through to other bodies for investigation, such as the Judicial Conduct Investigations Office.
The groups added that they were “alarmed by the use of anonymous barrister accounts on social media, some of whom had a “significant following”, such as the Secret Barrister.
“It is not acceptable that barristers are able to offer advice, communicate about the law generally, and bully and harass other barristers using a cloak of anonymity.
“If they were identified, it is likely their behaviour would breach the code of conduct (if harassment and bullying were taken seriously).”
The response noted too that, in 2022, the BSB committed to updating its handbook guidance to include bullying as an example of serious misconduct, but it never happened.
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