Complaints: Chambers could report data to BSB
Barristers will be required to inform both their chambers and their regulator about the complaints they receive, under plans published yesterday by the Bar Standards Board (BSB).
It said this would help identify those with “disproportionately high numbers” of complaints, among other benefits.
“The [BSB] wants to have greater oversight and understanding of client complaints at the Bar, which requires intelligence and data,” a consultation said.
“We believe the most effective way to do this is by collecting complaints data directly from the profession, in addition to our existing sources.
“Chambers and Bar Standards Board entities are already required to record and analyse complaints data, to identify issues and address them. Our proposal is for the profession (excluding employed barristers in non-BSB entities and organisations) to submit this first-tier complaints data to the BSB.”
New arrangements and rules for first-tier complaints handling (the Legal Ombudsman is the second tier) acknowledges that most clients have “a positive experience” with barristers, but said “there is still more we can do to ensure redress is available to all clients who need it, including those with disabilities or in vulnerable circumstances”.
Currently, barristers must record complaints and actions taken to resolve them. In future, they would have to inform their chambers/BSB entities of any complaints they receive in relation to work done from that organisation.
The BSB explained: “We want chambers to be aware of their tenants’ standards, and for BSB entities to understand complaints within their organisation, in order to reflect intelligence of this kind in regular practice management reviews and take action, such as training, where needed.”
The information will also have to be provided to the BSB itself, with the consultation seeking views on whether to do so as part of the ‘authorisation to practise’ process, through a new process in MyBar, or via chambers/BSB entities.
“Having these data will allow us to take supervisory and other regulatory action where appropriate, in accordance with our existing regulatory processes,” the BSB said – failure to provide the information could itself lead to regulatory action.
The changes also seek to meet the requirements of the Legal Services Board’s 2024 statutory statement of policy on how frontline legal regulators, such as the BSB, should oversee and support first-tier complaints.
This will mean amending the rules to require that complaints are handled efficiently, and that complaints processes are accessible, in addition to the existing requirements for fairness, promptness and effectiveness.
The BSB hopes to have the new rules in place by November 2025 and barristers will then have at least four months to prepare for the new regime. Actual data submission is unlikely to start until autumn 2026 at the earliest.
BSB director general Mark Neale said: “We aim to help people better understand their rights and know how to complain when things go wrong. The proposed rules should also help vulnerable people and encourage more feedback on how the profession is doing in handling complaints.
“Consumers must have confidence that their complaints will be fairly assessed and dealt with efficiently, effectively and fairly at the first available opportunity.”
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