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1. I am disabled and need assistance in making a complaint. How can you help me?
2. Are there any complaints which you will not normally investigate? 3. Can you grant me compensation? 4. Can you help me with my court case?
5. If I complain about my opponent's barrister, can you require the barrister to disclose to me confidential or privileged information? 6. What can you do about my complaint?
7. Why have you adjourned your investigation of my complaint?
8. What is the Complaints Committee and what powers does it have?
9. Can I appeal decisions taken in relation to my complaint?
10. Does the BSB arrange the Disciplinary Tribunal?
11. What happens at a Disciplinary Tribunal? 12. What powers does a Disciplinary Tribunal have? 13. What rights do I have in relation to a Disciplinary Tribunal? Further information Back to FAQS: Complaints about a barrister
1. I am disabled and need assistance in making a complaint, how can you help me?
If you are disabled and require assistance in making a complaint, it is important that you let us know as soon as possible. We will make all reasonable adjustments to the complaints process to ensure that you are not disadvantaged in making your complaint. We can, for example, provide our literature in different formats such as Braille, large print or on audio tape or compact disc. We can also give you additional time to respond to our enquiries.
We normally expect complaints to be submitted to us on our standard complaints form. However, if your impairment makes it difficult for you to complain to us in writing, we can take the details of your complaint over the telephone or arrange for you to be interviewed. It may, however, be that a friend or relative, your solicitor, local Citizen's Advice Bureau, Law Centre or other organisation can assist you in making your complaint and communicating with us generally.
If you have access requirements, or would like advice on the complaints process, please contact our Information Line on 020 7611 1445.
2. Are there any complaints which you will not normally investigate?
We can only consider complaints about the professional conduct of barristers as defined by the terms of the Bar's Code of Conduct. Therefore there are some types of complaints that we would not normally consider:
Professional Negligence: We are unable to investigate complaints of professional negligence. Professional negligence is a legal concept which may ultimately have to be adjudicated on by the courts. If you think that your barrister may have been negligent then it may be that the Legal Ombudsman can assist. Alternatively you may need to consider obtaining legal advice as to whether you have grounds for a claim of professional negligence that should be pursued in the courts.
Professional Judgment: We cannot deal with complaints about a barrister's legal judgment on the law or facts of a case or the barrister's professional judgement about how a case should be presented to a court. This would require us to put our legal judgement above the barrister's and we are not qualified, or able, to 'second guess' a barrister's professional opinion.
Private life: We do not usually deal with complaints about barristers' behaviour when they are acting outside their professional role, unless that behaviour has resulted in a criminal conviction or finding of a court or Tribunal. If you consider that a barrister has committed a criminal offence, you should report the matter to the police. Also, we will not normally investigate a complaint of misconduct which relates to a barrister's private or non-professional life where there is a clear legal remedy available to you which you have not yet pursued. It is only in exceptional circumstances that we will deal with complaints about something a barrister has done in his or her private life.
Debts: We do not usually deal with complaints against barristers who are in debt to members of the public. We have no power to enforce the payment of debts and you may be able to take legal action through the courts to recover the debt. However, if a barrister has not complied with a court order, we may be able to consider the matter but we will need to know what steps you have taken to enforce any judgment obtained against the barrister. Although we may be able to take disciplinary action for failure to comply with a court order, we have no powers to make the barrister pay you or comply with the order.
Disputes within chambers: Our complaints system is not designed to resolve disputes between barristers in chambers or between former members and their previous chambers. This includes disputes concerning money allegedly owed to/by clerks or chambers. Our primary function is to protect members of the public affected by professional misconduct by barristers. The aims and objectives of our disciplinary process are, among other things, to investigate complaints and take action against barristers who have breached the Code of Conduct in order to:
• Act in the public interest; • Protect the public and other consumers of legal services; • Promote access to, and the proper administration of, justice; and • Maintain high standards of behaviour and performance for the Bar.
The Bar Council has established an arbitration and mediation service to resolve disputes arising between individual members of chambers or between a member or members of chambers and a senior clerk. Details of the arbitration and mediation service can be found on the Bar Council's website.
We will consider complaints made by barristers and chambers' employees where it is alleged that they have been discriminated against in connection with any of the protected characteristics referred to in the Equality Act 2010 (i.e. age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion and belief; sex; and sexual orientation). We will also consider complaints made by an employee or a barrister in a set of chambers, where the allegation is that the barrister has acted dishonestly. It may, however, be that the allegation should be referred to the police.
Judges, recorders (part time judges) or Tribunal Chairs: we cannot deal with complaints about barristers who are acting in a judicial role. If you wish to complain about the conduct of a barrister acting in a judicial capacity then you will need to complain to the Office for Judicial Complaints.
3. Can you grant me compensation?
No. We have no powers to order compensation. This power is only available to the Legal Ombudsman and only in relation to poor service provided by barristers to their clients. The Legal Ombudsman has the ability to order compensation as well as order that the barrister reduce or return their fees.
4. Can you help me with my court case?
No. We cannot help you with your court case. Amongst other issues related to court proceedings, we are unable to:
• Get involved in your court case; • Stop a barrister from acting for the other side in a case; • Prevent a barrister presenting evidence to a court or acting in a way you disagree with; or • Order that you should have another trial.
These are matters for the courts and you should speak to your legal representative if you want this kind of action.
5. If I complain about my opponent's barrister, can you require the barrister to disclose to me confidential or privileged information?
No. If you are complaining about a barrister who does not act for you, then the barrister will have a duty of confidentiality to their client. That duty continues even after the barrister has stopped being instructed by that client. Without the client's consent the barrister is not allowed to disclose what instructions they received from the client or what legal advice was given to the client.
6. What can you do about my complaint?
Our role is to decide whether or not there has been a breach of the Code of Conduct and whether disciplinary action is necessary and justified. If disciplinary action is considered appropriate, we will refer the case to an independent Disciplinary Tribunal for a final decision on what action, if any, should be taken against the barrister. Find out more about the disciplinary process
Initial assessment: when we first receive your complaint, we will make an initial assessment about whether it shows sufficient evidence of a possible breach of the Code of Conduct to take the complaint further. We may ask you to provide more information in order to decide this.
Following the initial assessment, we may decide that there has been no breach of the Code or that the information you have provided is not enough to show there has been a possible breach of the Code. Also, in some cases, we may decide that your complaint has been submitted too late (i.e.12 months after the events) and there is no justification for taking the complaint further. If we decide not to take any further action as a result of the initial assessment, we will write to you explaining the reasons for the decision.
Formal investigation: if we think there may have been a possible breach of the Code, we will carry out a formal investigation of the complaint. This will involve asking the barrister for comments and contacting any relevant witnesses or others involved in the complaint.
Once we have gathered all the information, we will then decide whether the evidence indicates that there has been a breach of the Code which warrants taking disciplinary action. If, after investigating the complaint, we do not consider the complaint to reveal sufficient evidence to take disciplinary action, or that such action is not justified, we will not take any further action in relation to your complaint. We will write to you letting you know our decision and giving you reasons for it.
Referral to disciplinary action: if we think that there is sufficient evidence to show that the barrister has breached the Code of Conduct, we will then decide whether it is appropriate to refer the case, or parts of it, to an independent Disciplinary Tribunal for a hearing to decide what action should be taken. The decision about whether to refer a case to a Tribunal will normally be made by our Complaints Committee.
If your complaint is adjourned, it is put on "hold" to wait for the outcome of issues related to the complaint which need to be resolved before we can continue with our consideration of a complaint. We consider the following factors when deciding whether a complaint should be adjourned:
The Complaints Committee is one of our regulatory Committees which has been given full delegated authority to take decisions on complaints. It is made up of barristers and lay members (non barristers) and meets once every two weeks to consider relevant complaints. The Committee has the power to: refer complaints to disciplinary action; decide to take no further action; or to dismiss a case due to lack of evidence.
The test the Committee applies when deciding whether to refer a case to disciplinary action is whether there is "a realistic prospect of success" at the Tribunal of proving the barrister is guilty of professional misconduct. This may mean that, although there is some evidence of a breach of the Code, it is not enough to refer a case to a Tribunal. If this happens, the Committee will not take any further action in relation to your complaint but you will be informed in writing of the reasons for the decision.
No. There is no right of appeal against decisions taken either by staff or the Committee in relation your complaint. We are, however, able to reconsider decisions, but only where you have new evidence relevant to the decision or where you can show any other good reason for a review. Please note that neither the Chair nor the Director of the BSB have any powers to overturn decisions taken by staff or the Committee in relation to individual complaints.
No. Disciplinary tribunals are arranged by an independent organisation called the Council of the Inns of Court (COIC). It appoints the members of disciplinary tribunals and arranges the hearings. We have no influence over the members chosen to hear disciplinary cases.
11. What happens at a Disciplinary Tribunal?
In general, only Disciplinary Tribunals can make the final decision about whether a barrister has breached the Code of Conduct. Therefore, after preparing the disciplinary case (which can take several months), there will be a Tribunal hearing where we will present the evidence to support the "charges" of professional misconduct. The barrister can admit the charges but if the barrister denies them, they will be given an opportunity to present any evidence in defence.
The Tribunal will then make a decision as to whether the barrister has breached the Code of Conduct. They must be satisfied to the criminal standard of proof (i.e. 'beyond reasonable doubt') that the barrister has breached the Code of Conduct. If they decide that the barrister has breached the Code of Conduct, the Tribunal will then need to decide what sentence should be imposed.
12. What powers does a Disciplinary Tribunal have?
If a Disciplinary Tribunal makes a finding of professional misconduct, it can:
• Give the barrister advice or a reprimand; • Order the barrister to pay a fine to the BSB; • Suspend the barrister from practise; • Disbar (strike off) the barrister.
A Disciplinary Tribunal will only consider suspending or disbarring a barrister in the most serious cases. Further information about the potential sentences Tribunals may impose for common types of breaches of the Code of Conduct can be found in the "Sentencing Guidance" (link to Sentencing Guidance)
13. What rights do I have in relation to a Disciplinary Tribunal?
Your complaint, or parts of your complaint, may result in disciplinary proceedings but the proceedings are taken by us as the regulator of the profession and are not taken on your behalf. Therefore, all decisions about what charges to bring against the barrister, and what evidence to present to the Tribunal, are taken by us and you do not have a right to object to the charges or the evidence. You will, however, be given an opportunity to comment on the charges and the evidence before the hearing.
You may also be asked to be a witness at the Tribunal, and if this happens we will give you further information and will pay your reasonable expenses to attend the hearing. .The Tribunal will decide whether the barrister has breached the Code of Conduct and, if so, what sentence to impose. It may be that you are not entirely satisfied with the Tribunal's decisions, however, you do not have a right to appeal the decision or the sentence imposed.
Further information
If you have any questions about how to make a complaint, require further advice on the complaints process or need adjustments to be made if you are disabled, then please contact the our Information Line on 020 7611 1445 or write to:
Assessment Team Bar Standards Board 289-293 High Holborn London WC1V 7HZ
Or send an e-mail to: contactus@barstandardsboard.org.uk
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