Bullying report a ‘moment of reckoning’ for the Bar

The report in to bullying and harassment within the Bar has concluded 36 recommendations to tackle what is described as a ‘culture of impunity’ by Baroness Harriet Harman KC, the report’s author. 

The review was commissioned in October 2024 in the wake of research data from the Bar Council’s biennial survey of the profession, Barristers’ Working Lives, which identified an increase in the number of barristers who had experienced or witnessed bullying, harassment, and discrimination. In 2023 44% of respondents said they had experienced or observed this behaviour while working either in person or online. This is an increase from 38% in 2021 and 31% in 2017.

The ‘Independent review of bullying, harassment and sexual harassment at the Bar’ has outlined how the hierarchical nature of the profession is both its great strength and weakness. It must deal with both ‘minor matters and with matters of the utmost seriousness including cases that can result in a life sentence or where millions of pounds are at stake’ in a justice system which is adversarial in nature.

In her foreword Baroness Harman goes on to say

“The evidence and the law needs to be robustly tested in cases. But that is used by those who seek to justify a macho, aggressive culture in chambers, robing rooms and courts, and is taken as licence by those who engage in bullying the counsel on the other side of a case.”

The report goes on to highlight how a ‘culture of denial’ and a ‘culture of excuses’ have contributed to an attitude which acknowledges while bullying and harassment used to be bad in the past, things have improved to the extent there is no longer a problem. Those who are in senior positions dismiss the complaints of junior members perpetuate a ‘culture which enables awful behaviour.’

The report makes 36 recommendations including

• sending a clear and consistent message about expected standards of behaviour with sanctions for misconduct.
• mandatory anti-bullying and anti-harassment training and policies
• clarifying the scope of professional misconduct and clear guidance on making complaints
• Banning relationships between those doing their pupillage or training and barristers and employees
• The Bar Standards Council should introduce specially trained teams to handle sexual misconduct cases and appoint a Commissioner for Conduct to tackle the issue.

Launching the report, Baroness Harman said

“This is a moment of reckoning for the Bar. I am confident the Bar will face up to the challenge of taking the decisive action I propose. 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. Barristers are in no doubt that dishonesty bars them from the profession. The same uncompromising approach is needed to rid the system of bullying, harassment and sexual harassment.”

Chair of the Bar Council Barbara Mills KC described it as a “once in a generation opportunity” for the Bar adding there is no place for bullying or harassment at the Bar. Mills acknowledged Baroness Harman’s report made for ‘uncomfortable reading’ and said

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.

Welcoming the report, Rt Hon the 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.

“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.

“I look forward to continuing to work with the Bar Council on solutions. We share the same goal of ensuring our justice system is underpinned by a culture where all legal professionals can thrive, grow and maintain the highest standards of integrity.”

The Legal Services Board described the behaviour highlighted by previous reports as ‘unacceptable’. Richard Orpin, Interim Chief Executive of the LSB said the oversight regulator was already taking action including introducing new requirements for regulators to make sure that legal professionals understand and uphold their ethical duties; consulting in the autumn on how regulators can encourage greater diversity in the profession; and monitoring the BSB against its agreed undertakings in the wake of the report.