The professional body representing barristers in England and Wales pledges to address a ‘systemic problem’.
The Bar Council will undertake a review after discovering a rising number of barristers have encountered inappropriate and unacceptable conduct within the Bar.
Today, a report released by the Bar Council, drawing from its biennial Barristers’ Working Lives survey, outlined a growing trend among barristers reporting instances of bullying, harassment, and discrimination. Over 44% of respondents stated they had encountered or witnessed such behavior, marking an increase from 38% in 2021 and 31% in 2017, whether in physical or online work environments.
The Bar Council noted that these behaviors spanned the entire profession, encompassing judges, barristers, chambers’ personnel, solicitors, and court staff. They further explained that the inappropriate conduct ranged from derogatory or belittling language, intimidating actions, unwelcome attention, physical contact without consent, sexual harassment, severe abuse, inappropriate remarks, online misconduct, to instances of sexism, racism, and discrimination against those with disabilities.
The report highlighted that women, individuals from diverse ethnic backgrounds, younger and less experienced members of the Bar, as well as those with caring duties or disabilities, were identified as being more vulnerable to encountering such behavior.
Predictably, those subject to complaints typically held positions of authority or influence, such as judges, senior barristers, senior clerks, and practice managers.
Alarmingly, the report highlighted instances of behavior observed in the courtroom that prompted clients to doubt the fairness of their case’s consideration. This erosion of trust in the justice system was noted as a concerning outcome.
The report discovered that the primary cause for not reporting instances of bullying, harassment, or discrimination was the fear of facing consequences. Some respondents mentioned being explicitly warned, as part of the bullying they experienced, that raising complaints would result in them being unable to continue working within the Bar.
The Bar Council emphasized its perspective that this issue is systemic, stemming from both the Bar’s culture and the strain placed on professional life within an under-resourced justice system.
Additionally, it emphasized that while unrealistic expectations, impatience, and frustration might be perceived as bullying, discrimination and harassment cannot be justified or rationalized by external pressures.
In response to these findings, the Bar Council pledged to confront inappropriate and harmful conduct by initiating a review scheduled to commence by spring 2024 and report its findings the subsequent year. The review’s primary objective will be to explore and pinpoint solutions, concentrating particularly on preventive and mitigating measures.
In addition to the review, the report suggested that the Bar Council ensure the accessibility of current resources like helplines and guidance, and continue promoting its ‘Talk to Spot’ tool, enabling anonymous logging of complaints.
Barbara Mills KC, vice-chair elect of the Bar Council, highlighted that addressing the issue shouldn’t solely rely on reporting, as the burden of initiating change shouldn’t rest solely on those most impacted. Hence, the decision to commission a comprehensive Bar-wide review aims to identify holistic solutions.
Sam Townend KC, chair-elect of the Bar Council, expressed: “We aspire for the judiciary, clerks, chambers professionals, and the Inns to collaborate with us in enabling substantial transformation. Our goal is to ensure everyone within the Bar not only succeeds but also finds fulfillment in their careers.”
The report, titled “Bullying, Harassment, and Discrimination at the Bar,” drew upon research data derived from the Barristers’ Working Lives survey of 2023, reports made through Talk to Spot, and inquiries received by the Bar Council’s helplines.
