Bar Standards Board sees drop in harassment reports and rise in pupillages

Reports of alleged sexual harassment and social media misuse at the bar have fallen, according to newly released statistics.

The Bar Standards Board’s latest report in regulatory decision-making, which covers the year to March 2024, revealed the overall number of reports received relating to alleged sexual harassment has more than halved, with seven cases reported in 2023/24 compared to 16 in 2022/23.

However, most of the cases opened in the Investigations and Enforcement and Supervision teams related to bullying and/or harassment within the profession.

The Bar Council launched an independent review, led by Baroness Harriet Harman, into bullying, harassment and sexual harassment earlier this year.

Cases relating to conduct at work that was not related to the provision of legal services rose from 193 to 285.

The report, the fifth of its kind since the BSB reformed the way regulatory decisions are taken in 2019, said the number of reports relating to barristers’ use of social media fell in 2023/24, but there was an increase in the ‘proportion of those reports which relate to controversial social and political issues’. Reports received involving social media fell from 115 (involving 53 barristers) in 2022/23 to 88 (involving 35 barristers).

The report said: ‘Considerations of freedom of expression and barristers’ private lives have meant that the majority have not been progressed to investigation.’

Dishonesty, and undermining trust and confidence in the profession were the most common potential breaches subject to investigation. They featured in nearly 45% of the  new investigations opened by the BSB.The report added: ‘What is of note is that only a few new investigations this year related to misleading the court or others (8) as compared to 2022/23 when 25 cases included such allegations.’

Of the 30 barristers subject to proven findings of professional misconduct at disciplinary tribunals, 20 faced charges related to either dishonesty and/or acting without integrity.

The report also showed that 614 barristers began their pupillage in the period, up from 535 in the previous year, 539 in 2021/22 and 416 in 2020/21. There was a 25% increase in the number of applications received.

Mark Neale, director general of the BSB, said he welcomed the report which ‘shows the progress we are making in improving the productivity, timeliness and responsiveness of our decision-making while maintaining its quality’.

He added: ‘But there is no room for complacency and implementing the recommendations of the Fieldfisher report and making further improvements to the timeliness and efficiency of our work remains our top priority’

Fieldfisher, which was appointed to carry out an end-to-end review of the BSB’s enforcement policies and processes, published its report in April. It found the BSB’s enforcement procedure was in line with similar models and included various recommendations which the BSB said it is now implementing.