Important changes to the Bar's complaints and disciplinary system

The Bar Standards Board is pleased to announce that, following a review of the complaints and disciplinary system, a raft of improvements to the system have been introduced.

The changes to the complaints and disciplinary system cover areas listed below. Where there are documents or further information related to the changes, follow the links below.

  • Amendments to the Code – Annexes J (Complaints Rules), K (Disciplinary Tribunal Regulations), and S (Chambers Complaints Handling) of the Bar’s Code of Conduct have been amended to support the changes described below. Click here to see the new Complaints Rules.Click here to see the new Disciplinary Tribunal Regulations. Click here to see the new Chambers Complaints Handling rules.

Improvements in consistency and openness

  • Aims and objectives – The BSB has developed clear aims and objectives for the complaints and disciplinary system and they are posted on our website and included in our literature. Click here to see the aims and objectives.
  • Independent Observer – An Independent Observer has been appointed and will assist with monitoring the efficiency and effectiveness of the complaints system.
  • User satisfaction surveys – Both complainants and barristers will be asked to complete a user satisfaction survey when a complaint has concluded. The results of the survey will be published annually and will be used to identify areas for improvement.
  • Sentencing Guidance – The first comprehensive sentencing guidance for disciplinary offences has been introduced and will allow people to gauge the potential sentences that might be imposed for breach of the Code. Click here to see the Sentencing Guidance.
  • Sentencing database – Sentences for disciplinary offences imposed after 31 March will now be recorded in a database in order to monitor consistency in sentencing. Reports will be made available to disciplinary panels and published on the website.
  • Improved casework database – A new complaints casework database is in operation and will facilitate better recording, monitoring and reporting on the processes.

Improvements in accessibility and awareness

  • Telephone information line – A dedicated information line has been created to provide information and advice to those wishing to make a complaint about a barrister. The information line number is 0207 611 1445.
  • Leaflets – New information leaflets on the complaints and disciplinary system have been developed for complainants and barristers.   Click here to see the leaflet describing the complaints process and to see the leaflet on Disciplinary Tribunals.
  • New complaint form – The complaint form and guidance have been redesigned to make it easier for complainants to complete the form. The complaint form, guidance and leaflets are available in alternative formats, including in Braille, on tape and in large print.

Improvements to the Complaints Committee

  • Increased lay membership – The composition of the Complaints Committee has been changed to increase the lay representation and it is now possible for a lay person to chair the Committee.
  • Performance standards and feedback – Committee members are now subject to performance standards and are given annual feedback on their performance.
  • Induction and mentoring – All new Committee members now attend a comprehensive induction programme and are subject to mentoring for their first year of membership.

Improvements to the processes

  • Referral of complaints to chambers – The BSB is now able to refer appropriate complaints to chambers for investigation prior to the BSB consideration, in order to encourage resolution of complaints at the local level. The Head of Chambers must report the outcome of the investigation of the complaint to the BSB.
  • Agreeing complaint with complainant – The BSB will endeavour to agree the aspects of the complainant with the complainant before an investigation starts so that all people involved in the complaint can be clear about its terms.
  • Introduction of Determination by Consent – This is a new process that allows the Complaints Committee to make a final determination on complaints of professional misconduct and/or inadequate professional service with the barrister’s consent. The Complaints Committee’s sentencing powers are limited and it cannot suspend or disbar a barrister. This is intended to conclude complaints more quickly and will primarily be used for complaints raised by the BSB itself.
  • Simplified Disciplinary Tribunals – The disciplinary process has been simplified so there is one disciplinary jurisdiction. A complaint may be referred to a three or five person Disciplinary Tribunal, depending on the sentence that is likely to be imposed. A three-person Disciplinary Tribunal’s sentencing powers is limited to imposing a maximum of three months’ suspension from practice; however, the panel can refer a case to a five-person panel if its sentencing powers are insufficient. A five-person Disciplinary Tribunal can impose longer suspensions or disbar a barrister. Click here to see the leaflet on Disciplinary Tribunals.
  • Increased sentencing powers – The sentencing powers have been extended to include: - Increased fine limit of £15,000 for actions that take place on or after 31 March 2009 - Introduction of deferred sentences (equivalent to a suspended sentence) - New ability to order a barrister to take and pass a Professional Ethics test (likely to be available at end of 2009).