The Bar Standards Board is commissioning an external review of its enforcement system after failing to reassure the oversight regulator over its performance.

The BSB is seeking expressions of interest from organisations to conduct an end-to-end review of its enforcement processes. It is the first time an external organisation has been invited to carry out such a review.

The review will consider if the BSB’s systems, processes and policies remain fit for purpose, risk-based and proportionate, whether they are effective in facilitating robust, consistent and legally sound decisions, and whether there is scope for greater operational efficiency in how cases are handled.

The bar standards watchdog was the only regulator to receive a red traffic-light rating on enforcement in the Legal Services Board’s latest performance review.

The BSB’s own performance review reported that just 21% of cases were being referred for regulatory action within two weeks, against a target of 80%. The same target was in place for completing investigations within 25 weeks, but met in just 38.7% of cases.

The LSB also raised concerns about the BSB’s handling of complaints arising from the Post Office scandal –in particular, the decision to pause the investigation into barristers implicated in the inquiry, which was made ‘without appropriate senior or board oversight’.

The BSB committed to an independent end-to-end review of its enforcement policies and processes in its 2023-24 business plan.

Asked about the budget for the review and why the contents of the full invitation to tender are confidential, the BSB told the Gazette that it was looking to identify a commercial supplier and therefore treating the tender process as confidential.

The tender will close on 11 May. The BSB hopes the review will be completed by the end of this year.

 

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