The legal profession in England and Wales needs “decisive and radical” change to end “systemic sexual harassment and bullying” across the Bar, according to an independent report commission by the Bar Council.
The report was delivered by former Labour deputy leader Baroness Harman KC, who is a solicitor and a former Law Officer, and was based on more than 170 written submissions and involved direct consultations with students, junior and senior barristers, and individuals working in chambers.
Alarmingly, the report indicated that 44% of respondents reported experiencing or observing bullying, harassment or discrimination in person or online within the past two years.
Baroness Harman stated: “Bullying, harassment and sexual harassment are problems at the Bar and on the Bench, within chambers and courtrooms, in open court and behind robing room doors.”
She emphasised the critical need to address these issues to protect future victims but also to preserve the Bar’s own reputation, insisting that it “must uphold high standards”.
Criticism was directed at the Bar Standards Board for its “significant failings”, with the report highlighting a pressing need for improvements in how such cases are managed, including in light of the Jo Sidhu KC sexual misconduct case, which took two years to conclude from the initial complaints being made.
Harman added: “There is no confidence in the complaints system. The pervasive fear of complaining about misconduct gives perpetrators impunity.”
Harman asserted that “there is much work to be done to restore trust and confidence in the regulator’s ability to handle cases of this nature appropriately”.
Recommendations for improvement include expedited case resolutions, enhanced support services for those affected and better communication and transparency throughout the process.
In total, Harman made 36 recommendations aimed at reforming the status quo. Among the key proposals, she urged the establishment of mandatory anti-bullying and anti-harassment standards across the profession, accompanied by policies and training to ensure clear and consistent behaviour expectations.
Additionally, she called for the appointment of a new commissioner for conduct by the Bar Council.
The review also suggested a full reform of the complaints system, including the implementation of time limits for case processing, improving support services and requiring training for vulnerable witnesses.
Furthermore, it called for anonymity orders to be made by the Bar Tribunal and Adjudication Service, and for the swift progression of cases, ensuring that all relevant parties are kept informed of case progress.
It also recommended that all sexual relationships between barristers or employees with pupils, mini-pupils or individuals undergoing work experience in their chambers should be treated as misconduct.
The report also advocates for an independent component in processes dealing with judicial misconduct, calling for increased clarity regarding the scope of professional misconduct.
Harman concluded: “Change is always hard, particularly in an ancient institution. But evolutionary, incremental change won’t cut it. Those who commit misconduct need to know that it will not be brushed under the carpet.”
Chair of the Bar Council Barbara Mills KC, the co-head of chambers at 4 Paper Buildings, said: “There is no place for bullying and harassment at the Bar.”
While acknowledging the scale of the problem, she said that “seeing its impact on our colleagues and those aspiring to join the profession in this report makes for uncomfortable reading”.
She added: “All barristers must have a safe working environment to deliver the 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.”
It was clear that “decisive action” was required, Mills said, adding that having spoken to Bar leaders and the judiciary, she was confident both bodies would necessarily change.
Mills concluded: “This is a once-in-a-generation opportunity for the Bar to change its culture – and for all of us that change starts now.”
Mills was a Lifetime Achievement Award winner at the 2024 Women and Diversity in Law Awards, organised by the Global Legal Post.
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