Major changes needed to address bullying and harassment at the Bar, report finds

“Decisive and radical” steps need to be taken to change a “culture of denial” which permits bullying, harassment and sexual harassment among barristers in England and Wales, a report has found.

The report, authored by Labour peer Baroness Harriet Harman and published on Monday, also found there was a culture of “impunity” and “collusive bystanding” at the Bar which prevented victims from speaking out, out of fear for their careers.

The Bar Council, which represents barristers in the two nations, commissioned the review last year, after research suggested they were experiencing increasing levels of inappropriate behaviour at their places of work and in courts.

In a 129-page report, Baroness Harman said a “cohort of untouchables” has been created as those who commit misconduct “can be pretty confident that nothing will be done about it”.

She continued that victims “dare not complain for fear of losing out by becoming known as a troublemaker”, which enables “power to be abused” as there was a “wholesale lack of confidence in the complaints system”.

The report also said that “WhatsApp groups abound” among junior and pupil barristers, “comparing notes on predatory barristers”, and that there was a “deep-rooted ‘culture of silence” preventing misconduct from being reported.

Bullying of barristers by judges was also “clearly a problem” which “undermines the justice system”, the report added, and there was “little to no accountability for judicial conduct in the courtroom”.

Baroness Harman made 36 recommendations to improve standards, including establishing the role of a new Commissioner for Conduct, introducing mandatory training, a “complete overhaul” of the complaints process and proscribing sexual relations between senior barristers and pupils as serious misconduct.

The chairwoman of the Bar Council said that the report made for “uncomfortable reading” and pledged to develop a “plan for change”, while the Lady Chief Justice said the behaviour outlined in the report was “unacceptable”.

In her report, Baroness Harman said: “This situation is not sustainable. Nor should it be.

“Those who’ve been subjected to humiliation or sexual harassment burn with resentment.

“There’s exasperation with the absence of a complaints system of any efficacy.

“Despite the codes of conduct, guidance, and multiple processes, the misconduct continues.

“There is widespread understanding at the Bar that it can and must avoid its ‘MeToo’ moment and prevent the profession being added to the list of the many institutions who, by failing to act, find their good work is overshadowed by the bad and their reputation indelibly tarnished.

“But they can only do so if they take radical and decisive action. So that is what I propose.”

Baroness Harman, a former solicitor general, met with law students, pupils, junior and senior self-employed and employed barristers as part of the consultation for the review, as well as with senior members of the judiciary and organisations.

Her report included accounts from junior female barristers who had made complaints to the Bar Standards Board (BSB), which regulates barristers, over sexual misconduct, but “ultimately came to regret that they had come forward”.

These included one woman who was sexually harassed during her training but had to wait more than four years for her complaint to be resolved.

Another was sexually assaulted in a taxi by her mentor, and a third was assaulted at a social event by a male barrister who continues to practise.

As part of her recommendations, Baroness Harman said there was a need to safeguard aspiring barristers and those on work experience in chambers, and that it must be “proscribed as serious misconduct” for those in positions of leadership to have sexual relationships with pupils.

There were also several “abundant, disturbing and compelling accounts” of bullying of barristers by judges, including shouting, banging on desks, and judges belittling others in court.

Baroness Harman said while most judges behave professionally, there are “particular judges who are widely known for making everyone’s lives a misery, whose courts barristers dread appearing in and which barristers seek to avoid”.

“In some cases, there had been complaints which had not stopped the behaviour, but in most cases no one had complained for fear of repercussions,” she said.

The peer continued that judicial bullying “distorts the outcome” of cases, but that there was a “failure to understand the power dynamics” among the judiciary.

She recommended that independent court monitors attend hearings to observe behaviour in court, and that the time limits for complaints to the Judicial Conduct Investigations Office, the judicial disciplinary body, should be abolished, among other changes.

The Bar Council said it welcomed the report and that it would consult with its nearly 18,000 members on future action.

Barbara Mills KC, the chairwoman of the body, said that there was “no place for bullying and harassment” at the Bar.

She said: “We commissioned this review because we know there is a problem.

“It is clear that decisive action is required. We will consider these recommendations carefully and develop a plan for change.

“On the basis of the many conversations I have had with the senior judiciary and the work they have already undertaken in this area, I am confident that we will work together to bring about necessary change.

“This is a once-in-a-generation opportunity for the Bar to change its culture, and for all of us, that change starts now.”

The Lady Chief Justice Baroness Carr, the most senior judge in England and Wales, said: “I am clear that the senior judiciary does not seek to excuse or minimise bullying by judges.

“I am absolutely committed to a modern, diverse and inclusive judiciary that upholds our values of integrity, fairness and respect to all.

“We have clear standards of behaviour expected from all judicial office holders, which is supported by training and support for judges at all levels, particularly those with leadership responsibilities.

“We have been focusing on judicial conduct in and out of court for many years.”

“But we know we have more to do. We are currently reviewing the routes available to raise concerns and resolve issues, and working to challenge and change unacceptable behaviour.”