The agreement sets out how reports of bullying, harassment and sexual harassment involving barristers will be handled
The Bar Standards Board (BSB) and the Bar Council have agreed a new protocol setting out how reports of bullying, harassment and sexual harassment involving barristers will be handled, marking a further step in implementing the recommendations of Baroness Harriet Harman KC’s independent review of misconduct at the Bar.
The protocol establishes arrangements between the BSB and the Bar Council’s Commissioner for Conduct, a role created following the Harman review. The review found that a culture of impunity and power imbalances had discouraged victims from reporting bullying, harassment and sexual harassment.
Under the agreement, the Commissioner for Conduct will act as a central point of contact for reports and concerns, providing confidential support and guidance, while the BSB will retain responsibility for its independent regulatory and enforcement functions.
The BSB said the protocol creates a clear and consistent process for the referral and handling of reports between the Commissioner and the regulator, while preserving the separation between the Bar Council’s representative role and the BSB’s role as the independent regulator of barristers.
Professor Christopher Bones, Chair of the BSB, 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.”
Under a pilot approach, barristers who are under a duty to report serious misconduct by others can fulfil that obligation by making a report either to the Commissioner for Conduct or directly to the BSB where the concern relates to bullying, harassment or sexual harassment.
Victims and their confidants will not be required to make a report simply because they have experienced or disclosed such behaviour. The protocol is intended to ensure individuals can seek confidential support from the Commissioner without automatically triggering a regulatory reporting obligation.
The new guidance recommends making a report where there is a “reasonable suspicion” that bullying, harassment or sexual harassment amounting to serious misconduct has occurred.
Dame Maria Miller, the Bar Council’s Commissioner for Conduct, 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 six 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.”
The protocol forms part of the wider response to the Harman review, which made 36 recommendations aimed at tackling bullying, harassment and sexual harassment at the Bar, including improving complaints processes, strengthening support for those affected and improving information-sharing between organisations.