Brown: Progress has been slow and uneven
Safeguarding the wellbeing of those facing enforcement action should be part of legal regulators’ duty to support equality and diversity in the profession, the Legal Services Board (LSB) said yesterday.
“Regulators must ensure that their approaches, decision-making, and enforcement do not inadvertently perpetuate bias or undermine diversity efforts,” it said.
“This requires robust equality impact assessment, anti-bias controls, and continuous monitoring.”
The statement forms part of a proposed statement of policy on encouraging a diverse legal profession – which is one of the core regulatory objectives in the Legal Services Act 2007 – to replace the LSB’s existing guidance.
It said the case for a new approach included “the evidence of persistent diversity gaps and barriers to encouraging diversity within the profession” and “the potential to more effectively harness the strengths of a diverse profession for the benefit of consumers and the economy”.
While regulators increasingly recognised the role they have to play in effecting change, the oversight regulator went on, “their actions are often in isolation, not robustly evaluated and too slow to bring about the improvements needed to encourage diversity in the profession”.
This was an opportunity to move to “more strategic, consistent, and evidence-based approaches”.
The draft statement, now out for consultation, consists of four outcomes with core expectations that all regulators would be expected to meet, and ‘enhanced’ expectations that they should consider meeting.
The first outcome was ‘strategic, evidence-based and collaborative action’. To do this, “regulators must implement high-quality diversity data monitoring, identify barriers through research and engagement, and publish strategic action plans with measurable goals”. Collaboration was “essential” to harmonise data and share best practices.
‘Fair regulatory approaches and decision-making’ was the second outcome. All of the expectations here were core, given their fundamental nature.
“Regulators must ensure equality considerations in all regulatory policies, provide equality impact assessments during consultations, and support fair disciplinary processes through training, data analysis, and remedial plans,” the LSB said.
“They should also safeguard wellbeing for those involved in enforcement.”
Those representing lawyers facing enforcement action often complain about how little regard regulators have for the wellbeing of those on the receiving end.
The LSB added: “To tackle the concerning trend of overrepresentation of certain groups in regulators’ disciplinary and enforcement processes, we also propose several steps for regulators to take to support fair outcomes in this area.
“This should include delivering appropriate mandatory and voluntary training that supports best practice and decision making in disciplinary and enforcement procedures, such as vulnerable witness training and trauma-informed practice training for panel members, staff and any other relevant party involved in the decision-making process.”
The third outcome was to be ‘accessible, flexible and inclusive’. This meant regulators “must ensure qualification routes and training standards promote diversity while maintaining professional standards”.
They should publish “clear information on costs and outcomes” to aid informed choices and consider encouraging firms to offer inclusive training and work experience opportunities.
The fourth outcome was ‘professional conduct and competence’. Under this, “regulators must embed duties in codes of conduct to prevent discrimination and promote respect, supported by guidance and competence frameworks requiring ongoing development in equality and inclusion”.
They must also introduce additional conduct and competence standards for managers “to foster healthy and inclusive workplace cultures”.
An enhanced expectation here was to encourage and support firms to adopt inclusive leadership practices and strategic plans for diversity.
LSB interim chair Catherine Brown said: “Although we have seen some progress in dismantling barriers to a diverse profession, this has been slow and uneven. While there have been improvements in entry-level diversity, persistent disparities remain in progression, retention, and wellbeing.
“These disparities are more than statistics: they represent lost potential, missed opportunities, and barriers to justice. The profession cannot fully serve the public, nor realise its true growth potential, if it does not draw on the full breadth of talent available to it.”
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