Neale: Reasons for rise not clear
There has been a 24% spike in reports about barristers to their regulator this year, according to new figures from the Bar Standards Board (BSB).
The increase – with 1,143 reports received between April and September – mirrors what the Solicitors Regulation Authority has been seeing.
And like its counterpart – which said in September [1] that reports about solicitors had gone up by 27% – the BSB is not sure what is behind the rise.
Speaking at yesterday’s meeting of the BSB board, director general Mark Neale said the regulator had not identified a single cause for the spike. “It may just reflect a general disenchantment manifesting in a propensity to complain,” he said.
The complexity of reports was also increasing, which Mr Neale suggested may reflect the greater use of artificial intelligence by those making them. The BSB was looking to see if it could validate this hypothesis.
This has all had an effect on performance, he conceded, particularly around the timeliness of assessing reports and starting investigations.
As at 30 September, the BSB was handling 155 live investigations, the highest number in the last four years, compared to 121 in the same quarter last year.
At the same time, the BSB’s productivity has increased; it assessed a record of 571 reports between June and September, which was slightly ahead of the number received in that time.
There was also positive news from the BSB’s authorisations team, which has been under particular pressure over the past couple of years because of a huge rise [2] in transferring qualified lawyer (TQL) applications coming from the Indian sub-continent.
The team, which deals with 30 types of application in all, made the highest number of decisions made in a quarter since performance reporting began and between April and September decided more TQL applications than in the whole of the previous 12 months.
As the target reduction for the TQL backlog has been exceeded – with over 50% of applications now processed – the BSB has been able to progress newer applications as well.
In separate news, the BSB and Bar Council have set up a joint steering group as part of the Bar Council’s action plan for taking forward the recommendations of the landmark Harman report.
In September, Baroness Harman reported [3] that “decisive and radical change” was needed at the Bar and the bench to reset a “culture of impunity” that allows those at the top to bully or harass others.
The steering group will develop a protocol for reporting bullying and harassment for when the commissioner for conduct – a Bar Council post recommended in the report – is in place.
It will also ensure “ongoing dialogue and information sharing” as the recommendations are taken forward.
Bar Council chair Barbara Mills KC said: “We have been delighted at the positive response to the launch of the Harman report and the widespread agreement and understanding that action must be taken to address bullying and harassment at the Bar.
“Implementing Baroness Harman’s recommendations requires everyone to work together, across the Bar and judiciary. Our joint steering group with the BSB will help us to navigate the regulatory aspects of the Harman report and make sure any proposed changes are workable.”
BSB chair Professor Chris Bones added: “Whilst we must make independent regulatory decisions, it is important for us to understand different perspectives, viewpoints and opportunities, and this collaboration is something we commit to.”
The Bar Council has set out six workstreams to implement the Harman report, of which work with the BSB and the Bar Tribunal and Adjudication Services is one.