Consumer News is a roundup of what we do within our remit to regulate barristers in England and Wales. Consumer News delivers everything you need to know about the regulation of barristers in the public interest straight to your inbox.

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Consumer News June 2022

BSB publishes its Strategy for the next three years and Business Plan for 2022-23

In April, we published our Strategy for the next three years and our Business Plan for 2022-23.

The Strategy, which our Board agreed on 31 March and reflects views offered by stakeholders during a recent public consultation, sets out our high-level strategic priorities and proposes five key strategic aims:

  • Efficiency – delivering core regulatory operations quickly, economically and to a high standard.
  • Standards – ensuring that barristers provide a high quality and responsive service throughout their careers.
  • Equality – promoting equality, diversity and inclusion at the Bar and at the BSB and the profession’s ability to serve diverse consumers.
  • Access – promoting consumer understanding of legal services and choice and good value in using those services (covering both the supply of, and demand for, barristers’ services).
  • Independence – strengthening our independence, capability self-confidence and credibility.

The strategy is set in the context of our statutory regulatory objectives and takes into account the Legal Services Board’s priorities. The document also lists our key priorities over the next three years under each strategic aim.

The Business Plan focuses on our priorities for the coming year set against the same five strategic aims and statutory regulatory objectives.  The Plan also explains how we intend to allocate its budget for the year. 

Statement on barristers deliberately failing to attend court

On 23 June 2022, we published a statement about barristers who planned to participate in the strike action from 27 June 2022 as a result of a ballot by the Criminal Bar Association.

The guidance reminds barristers of their duties to the court and to their clients but we do not expect that the strike will lead to many reports of potential professional misconduct.  As our latest Strategic Plan makes clear, we share the concerns of many about the sustainability of the publicly funded Bar and about access to justice. The statement makes clear that barristers have the right to take action provided they continue to meet their duties to the court and to their clients. 

New platform tracks sector progress improving the legal services market for consumers

We have collaborated with our oversight regulator, the Legal Services Board (LSB) and other legal organisations to produce a new website tracking the efforts being made to ensure the legal services market works better for consumers: Reshapinglegalservices.org.uk

The website was produced with input from stakeholders across the legal sector, including Kingsley Napley, LawtechUK, and the Legal Services Consumer Panel. It is managed and hosted by the LSB. It is a central source for research and data dashboards, blogs, and insights that illustrate the progress made by the wide range of people and organisations with a role to play in delivering against the ten-year sector-wide strategy, Reshaping Legal Services 

The strategy aims to reshape legal services to better meet society’s needs, through fairer outcomes, stronger confidence and better services. There are dashboards aligned to the nine challenges set out in the strategy, covering several metrics, including the economic health of the sector, levels of unmet legal needs and diversity across the legal professions. 

The platform also includes blogs from legal services regulators, consumer organisations, lawyers, and others including one titled Income at the Bar by Gender and Ethnicity by our Head of Equality and Access to Justice Shadae Cazeau and our Research and Evaluation Manager Oliver Jackling. This article uses data to understand income inequality at the Bar and to strengthen the evidence base for work to address retention and progress issues. 

The site will be developed to share projects and ideas from across the sector and help identify positive practices and areas that need more attention.

BSB seeks to work with chambers to promote standards, equality and access at the Bar

In a speech to the Legal Practice Management Association our Director General Mark Neale, encouraged practice managers to work with the BSB to promote standards, equality and access at the Bar.

Mr Neale set out our strategy for the next three years and stressed the vital role of chambers in:

  • promoting high standards - by acting as the conduits for feedback to barristers on their performance;
  • ensuring equality and inclusion – particularly in the areas of recruitment, work allocation and career progression;
  • countering bullying and harassment; and
  • in facilitating access for consumers - by improving consumers’ understanding of the services barristers can provide and of the price and quality of those services.    

While he made clear that we are not currently seeking to regulate chambers themselves, he said that he wanted to encourage them all to adopt best practice in these areas and to go beyond the minimum regulatory requirements where possible.

In his speech, Mr Neale said:

“We are not setting out to regulate chambers themselves. But we do want chambers and the profession to be allies in advancing our regulatory objectives.  To achieve that, we all have to be clear what good practice looks like.  And there is plenty of good practice on which to draw and to build.

I want to see senior barristers, alongside chambers chief executives, championing standards, equality and access within chambers to demonstrate that these things matter and to deliver effective reform.”

Diversity at the Bar improved again in 2021 but women and people from ethnic minorities are still underrepresented as QCs, says BSB report

In January we published our annual report on Diversity at the Bar. The report shows that the profession became increasingly diverse in 2021 and that a greater proportion of barristers disclosed their demographic data.

Men still outnumber women at the Bar, but the overall percentage of barristers from minority ethnic backgrounds now matches the proportion of people from minority ethnic backgrounds in the working age population in England and Wales. Women and barristers from minority ethnic backgrounds remain underrepresented as Queen’s Counsel and people from a Black/Black British background remain underrepresented at all levels of the Bar.

Some of the key findings[1] include:

  • The percentage of women practising at the Bar overall increased by 0.6 percentage points to 38.8 percent during the last year;
  • Male QCs still outnumber female QCs, but the percentage of female QCs increased from 16.8 per cent in December 2020 to 17.9 per cent (1.1 percentage points) in December 2021;
  • As of December 2021, 56.6 per cent of pupils were women and 43.4 per cent were men (when excluding those that have not provided information on gender). The proportion of women pupils is broadly in line with that seen in 2019, and is almost 7 percentage points higher than that seen in 2020;
  • The percentage of practising barristers from minority ethnic groups overall increased by 0.5 percentage points in 2021 to 14.7 per cent, matching the estimate of the percentage of the working age population in England and Wales (as of July-September 2021);
  • Different minority ethnic groups have varied levels of representation at the Bar. The report presents disaggregated data for different minority ethnic groups:
  • Asian/Asian British barristers made up 7.8 percent of the practising Bar in December 2021 – an increase of 0.2 percentage points year on year (or 2.7%). This compares with 6.4 percent of the working age population who identify as Asian/Asian British;
  • The proportion of practising barristers who are Black/Black British rose by 0.04 percentage points to 3.3 percent in 2021; this compares with around 3.6 percent of the working age population;
  • 3.6 per cent of the practising Bar are from a Mixed/Multiple ethnic background as compared with around 1.7 percent of the working age population;
  • The percentage of QCs from minority ethnic backgrounds has increased by 0.8 percentage points year on year to 9.6 per cent;
  • The proportion of pupil barristers from minority ethnic backgrounds decreased by 3.2 percentage points from a record high in 2020 to 19.8 per cent, but remains higher than for any year between 2015 and 2019, and higher than those from these backgrounds in the working age population;
  • Of the 60.2 per cent of barristers who provided information on disability status to us, only 6.8 per cent disclosed a disability. This is substantially lower than the percentage of disabled people in the employed working age UK population estimated at 16.4 per cent; and
  • The number of pupils as of December 2021 was 511, which is 157 more than that seen in December 2020, and slightly higher than the average number of pupils each December from 2015-2019, which was 472

The response rate amongst barristers disclosing their diversity information increased across all categories in 2021 except for a very small decrease for gender which was already over 99 percent.

We have a statutory responsibility to monitor and promote equality and diversity both as an employer and as the regulator of barristers in England and Wales.

The full 2021 report on diversity at the Bar can be found on our website.


[1] .  In each category percentages are expressed as including those barristers who did not provide data except in the case of ethnicity and disability where they are excluded. For the latter, this is in order to make more like for like comparisons with national level data which also excludes non-responses.

Baroness Tessa Blackstone to step down as Chair of the Bar Standards Board

Our Chair Baroness Tessa Blackstone has announced that she will be stepping down this summer to focus on other activities. We advertised for her successor with applications closing in June and it is hoped that an announcement will be made in August. Baroness Blackstone has been Chair of the BSB since 1 January 2018 and has made a very significant contribution to our governance over the period.

Baroness Blackstone said: “I have very much enjoyed my time working with the BSB and with the profession and I leave my post with a profound appreciation of the importance of the Bar to society and to the rule of law and of the many challenges which you currently face. I offer members of the Bar Council, and every member of the Bar, my very best wishes for the future.”

In addition, we plan to recruit two more barristers to join the board in the coming months. This is a result of our Barrister Member Elizabeth Prochaska leaving shortly and our Barrister Member Adam Solomon QC due to come to the end of his term.

New lay Board member for the Bar Standards Board

In January we announced the appointment of Emir Feisal as a new lay Board member.

Emir is a Chartered Accountant and a specialist in transformational change. The majority of his career was spent at the Sunday Times as Associate Managing Editor. He is a Commissioner for the Judicial Appointments Commission, which selects candidates for judicial office in courts and tribunals. He is at present also a Board member and Audit Chair of the Serious Fraud Office, the Driver & Vehicle Standards Agency, the Pensions Ombudsman, the Honours Committee, and he is a trustee of the Henry Smith Charity. He is involved in a number of initiatives in the diversity and inclusion arena. He has held non-executive board member positions with Lambeth Clinical Commission group, London Metropolitan University, and the Bar Tribunals & Adjudication Service, amongst others.

BSB appoints a further new member to its Advisory Pool of Experts (APEX)

We have appointed a new member to the Advisory Pool of Experts (APEX).

APEX is a pool of external advisors who can be called upon to provide expertise to assist us in performing its regulatory functions. We use APEX for advice and support, helping the organisation to develop policy and make regulatory decisions. APEX is made up of a diverse group of people, from a wide range of backgrounds, who are experts in their respective fields.

The new appointee to our Advisory Pool of Experts is Laura Simons who is a strategic communications consultant with particular expertise in the field of consumer affairs.  Laura joins our existing consumer experts, Stewart Horne and Harriet Gamper, and her appointment reflects the BSB’s continuing efforts to increase consumer engagement in the work of the regulator.

We engage Members of APEX on a case-by-case basis and enter into a paid consultancy agreement for services with the BSB for up to ten days’ work per year.

Consumer News January 2022

BSB welcomes new BTAS Sanctions Guidance

In December 2021 we welcomed  the announcement by the Bar Tribunals and Adjudication Service (BTAS) that new Sanctions Guidance would come into force on 1 January 2022. We welcomed the authority the new Sanctions Guidance gives to Disciplinary Tribunals to impose tougher sanctions in cases involving a wide range of professional misconduct,  particularly in the case of sexual harassment which we hope will send a clear message that such conduct is completely unacceptable.

The Guidance, which is used by Disciplinary Tribunals and by our Independent Decision-Making Body in deciding what sanctions to impose in cases of proven professional misconduct by barristers in England and Wales, was the subject of review and consultation by BTAS during 2021.

The revised Guidance was developed by a Working Group led by the Chair of the Tribunals, HHJ Jonathan Carroll and including the Registrar of BTAS, lay and barrister members of the BTAS Disciplinary Tribunal panel, our Director of Legal and Enforcement and our Head of Investigations and Enforcement.

The new Guidance will introduce revised sanction ranges for Tribunals to impose across different types of misconduct. The revisions reflect views received during the consultations from the profession and from those representing the public in what has been a wide-ranging review.

BSB Publishes its Regulatory Decision-Making Annual Report

In September 2021 we published our latest annual Regulatory Decision-making Report.

This is the second Regulatory Decision-Making report that we have published since we reformed the way regulatory decisions are taken in October 2019. It covers the period April 2020 to March 2021. The report reflects the first full year of data following changes to our approach to regulatory decision-making.

Overall, we have seen a substantial increase in both the number of reports and the number of applications for exemptions and waivers received. This increase coincided with the COVID-19 pandemic and has had a significant impact on performance against key performance indicators. Nonetheless, we have increased proactive supervision and support of the profession in key areas of pupillage and bullying and harassment.

The key statistical findings of the report are as follows:

  • The number of enquiries and reports – a term that means any incoming information we receive, including what were formerly known as “complaints” – was 3,303 in 2020-21, which is a substantial increase of 54 percent compared with 2019-20 (2,150). The number of actual reports received about barristers’ conduct in 2020-21 was 1,887. This represents a 29% increase on the previous year;
  • The number of barristers disbarred in 2020-2021 decreased to four, compared to ten in 2019-20, four in 2018-19, and five in 2017-18;
  • Nine barristers were suspended in 2020-21, compared to fifteen in 2019-20, four in 2018-19 and nine in 2017-18;
  • During 2020-21 we dealt with a total of 1,140 applications for authorisations, exemptions and waivers;
  • Waivers were issued encouraging those offering pupillage to allow pupils to start their pupillage pending the results of their BPTC exams, which enabled 95 people to progress to pupillage;
  • We engaged extensively with those offering vocational training throughout the period so that computer based assessment as well as traditional pen and paper exam opportunities were offered enabling Bar students to complete their vocational training;  
  • The effect of the pandemic on pupillages was carefully researched and monitored.

Around 350 Regulatory Returns were issued to chambers, BSB entities and sole practitioners. These questionnaires are designed to enable the BSB to assess risk across the Bar and the levels of compliance with our rules and include questions about processes and controls in key areas of practice, and on specific priorities such as dealing with allegations of harassment and assessing the impact of the pandemic.

The full Regulatory Decision-making Report 2020-21 is available on our website.  A statistical report for the same period is also available on our website.

The Independent Decision-making Body, which takes regulatory decisions on behalf of the BSB that require independent input, also published its first annual report today. You can read about that report on our website.

BSB appoints new consumer expert to its Advisory Pool of Experts (APEX)

In December 2021, we appointed Harriet Gamper to represent Consumer Affairs on our Advisory Pool of Experts (APEX).

Harriet is a public policy professional, specialising in consumer and competition policy in regulated markets, with particular focus on vulnerable consumer groups. She is currently a Principal in the Civil Aviation Authority’s Consumers and Markets Group. She holds a Masters in Law and Economics and has contributed to a number of academic publications. Previous roles include work on consumer credit at the Office of Fair Trading and consumer policy and compliance at the Office of Rail and Road, as well as for the Legal Services Board. “Consumer Theories of Harm”, of which she is joint author, was published by Hart in 2019.

APEX is a pool of external advisors who can be called upon to provide expertise to assist us in performing its regulatory functions. We use APEX for advice and support, helping the organisation to develop policy and make regulatory decisions. APEX is made up of a diverse group of people, from a wide range of backgrounds, who are experts in their respective fields.

BSB announces next steps to ensure full compliance with Bar transparency rules

A review by the BSB has shown that most barristers’ practices are now complying with the rules, which came into force in July 2019, but those who are falling short must now become compliant or be subject to enforcement action.

The Bar transparency rules are designed to improve the information available to the public before they engage the services of a barrister and to help them find the information they need to make informed decisions about barristers’ services. The rules require all self-employed barristers, chambers and BSB-regulated entities to publish specified information about their services, including which types of legal service they provide, their most commonly used pricing models (such as fixed fee or hourly rate) and details of their clients' rights of redress. Public Access barristers providing certain types of services are also required to publish additional price and service information.

General Council of the Bar 2022/23 Practising Certificate Fees and Budget consultation

The General Council of the Bar has published its 2022/23 Practising Certificate Fees (PCF) and Budget for consultation. The GCB budget covers the funding of the Bar Council, the Bar Standards Board, our shared pension liabilities and the levies which are paid to the Legal Services Board and the Office for Legal Complaints. The consultation document includes a separate statement explaining the budget proposed by the Bar Standards Board for 2022/23.

You can read the consultation on the Bar Council website.

The General Council of the Bar  welcomes views from the profession on the planned budget for 2022/23 and the proposal for some increases to certain PCF bands. Please send your responses to: treasurer@barcouncil.org.uk

The consultation will close on 14 January 2022 at 5:00pm.

Consumer News September 2021

BSB publishes new research on consumers’ expectations and experience of working with barristers

In August we published research on consumers’ expectations and experience of working with barristers. As an evidence-based regulator acting to protect and promote the interests of consumers, this new research helps us to gain an up-to-date understanding of what consumers expect from barristers and the findings here will inform the regulator’s work in many areas.

The research was undertaken by IRN research, an independent research agency. It involved in-depth interviews with 50 consumers who had used the services of a barrister in the previous two years (therefore referred to as clients of barristers), followed by focus group discussions involving 12 participants with the aim of exploring issues raised in the interviews in more detail.

The research sample focused on both clients who had been referred to their barristers by a solicitor, and Public Access clients who chose their barristers directly. Additionally, it included five in-depth interviews with consumer support organisations to provide additional insight into consumer needs and experiences within the legal system.

The research also includes views of clients in vulnerable circumstances and considered the impact of the health emergency on the expectations clients have of barristers providing services remotely.

The key findings from the research show that:

  • Very few clients are completely confident that they can deal with a legal matter when it first occurs. For most, it is a completely new experience, often stressful and with an uncertain outcome.
  • Many clients who are referred by a solicitor to their barrister are referred to just one barrister and have little or no involvement in this decision. While most clients feel that the referral to just one barrister did not impact on the usefulness of the advice given, the research indicated that there are opportunities to involve clients more in this early decision to select a barrister.
  • At the start of their engagement with a barrister, most clients have little understanding of a barristers’ duties or how the relationship will work. The research suggests that most barristers are diligent in reassuring a client at an early stage, explaining how the legal process will work and working in the best interests of the client.
  • COVID-19 has led to some hearings being held virtually and these were a good experience for most participants. Reasons included that there was no need for travel or childcare logistics, and the hearing itself was less formal and less intimidating for participants especially in contentious situations.
  • Most clients were satisfied with the way their barrister dealt with the legal process. Key indicators of good service identified by clients included: professionalism; approachability; friendliness and empathy; experience and knowledge; and accessibility. However, the research also indicated that stress of the legal process itself can reduce dissatisfied clients’ motivation and willingness to complain – even if they were aware of where to direct their complaint.
  • Many clients are unlikely to dwell too much on regulation and complaints procedures when they are starting a legal matter. When interviewees were asked what they understood regulation to involve, most associated regulation with a certain level of professional conduct and standards, plus the holding of appropriate legal qualifications.

The Legal Services Consumer Panel (LSCP) and Legal Services Board (LSB) regularly undertake research with legal consumers, including regular large-scale surveys in the LSCP Tracker Survey and the LSB Legal Needs Survey. This research complements this work by focussing solely on the Bar.

A summary of the research findings can be found on our website.

The full research can be found on our website.

BSB pool of consumer expert groups

In July we wrote to a number of consumer expert groups inviting them to join a new pool to represent consumers. As the regulator of barristers in England and Wales we are keen to ensure that all our stakeholders are properly consulted as we develop our strategies and policies for delivering our statutory objectives.

To help us to ensure that our stakeholder engagement involves a wide range of  consumer representatives, our Board decided to establish a select pool of consumer expert groups. Membership of our pool involves no obligations but will ensure that members are always consulted by us directly when we think that an issue that is relevant to them is being debated. Most immediately and importantly it means they will also be consulted about our next three-year strategy which we will be deciding over the next six months. To express an interest in joining our pool, please email us at communications@barstandardsboard.org.uk.

We hope those invited will agree to join our consumer pool so that we can keep them in touch with our work and that they can ensure that their organisation’s voice is heard.

BSB welcomes BTAS response following first Sanctions Guidance consultation and the second consultation

In July we welcomed the response published by the Bar Tribunals and Adjudication Service (BTAS) following its first consultation regarding the review of the Sanctions Guidance. Find out more about sanctions on our website.

We welcome the publication on 9 September by BTAS of a second consultation document on changes to the Sanctions Guidance used by Disciplinary Tribunals in deciding what sanctions to impose in cases of proven professional misconduct by barristers in England and Wales.

The consultation seeks views on an amended draft of the full revised Sanctions Guidance.

The sanctions imposed in cases of proven professional misconduct are an important aspect of the way in which the public and consumers of legal services are protected, and high standards are promoted. It is therefore vital that the final Guidance commands the support of both the public and the profession.

We urge everyone with an interest in this topic to respond to the BTAS consultation by the deadline of 21 October.

The second and final BTAS consultation document can be found at: https://www.tbtas.org.uk/policies-guidance-and-publications/guidance/btas-sanctions-guidance-consultation-2021/

BSB launches consultation on the future of the Bar Course Aptitude Test (BCAT)

Do you have views on the Bar Course Aptitude Test (BCAT)? In a consultation paper published on 2 September, we outline three possible options for the future of the BCAT as a prerequisite for students enrolling on a Bar training course.

Alongside the consultation paper, we have also published an evaluation of the performance of the BCAT over time which has prompted us to review whether the BCAT continues to be necessary.  

The BCAT was introduced in 2013 as the number of students failing the vocational component of the Bar training was high; too many students who had little prospect of successfully completing a Bar training course were being enrolled. This was also having a detrimental impact on the learning experience of their peers and the ability of lecturers to teach the course. The BCAT was introduced to mitigate this risk by “filtering” for aptitude and preventing students who did not have the ability to succeed from enrolling on a Bar training course. Our evaluation of the BCAT suggests, however, that it is not operating as an effective filter. We are also aware that Bar training providers have introduced more effective entry checks since the BCAT was launched.

The three options which Bar students and other interested stakeholders are asked to consider in this consultation are:

  • Option 1: Retain the BCAT in its current form as a prerequisite for all students enrolling on a Bar training course;
  • Option 2: Retain BCAT as a prerequisite for all students enrolling on a Bar training course but amend it so that it is a more effective filter; and
  • Option 3: Withdraw the BCAT as a prerequisite for students enrolling on a Bar training course.

The consultation asks respondents to consider the equality impacts of each option on those with different protected characteristics and/or those from disadvantaged or underrepresented groups, or those who are neuro divergent. It also asks respondents to consider whether there are any further options which have not been considered as part of this consultation. The views received in response to this consultation will help the regulator to decide the future of the BCAT.

Please respond to this consultation by emailing policy@barstandardsboard.org.uk by the closing date of 31 October 2021. A response form is available on our website.

We expect to announce its decision about the future of BCAT after this consultation has closed and the responses have been analysed. This means a decision is likely to be made around February/March 2022. Until a final decision has been made on the BCAT and a timeline set out for the implementation of that decision, it remains a requirement for entry onto a Bar training course. We will communicate our decision clearly to everyone concerned and provide clear instructions for those intending to apply for a Bar training course from 2022.

The evaluation of the performance of the BCAT over time can be found on our website and the report appendices are available on our website.

BSB publishes its Annual Report for 2020-21

In July we published our latest annual report summarising our activities during the 2020-21 business year.

During the period covered in this Report, the effects of the pandemic were felt in many aspects of our work. The Annual Report describes what we did in response to the national measures taken to respond to the health emergency including analysing the risks to the Regulatory Objectives, maintaining Bar training and enabling Bar students to progress their careers, and ensuring that we maintained our services and cared for the well-being of its people.

Despite the effects of the pandemic, progress was made in a number of important areas. These included:

  • reinvigorating efforts with the profession to promote equality and diversity at the Bar including the publication of an Anti-Racist Statement requiring action from all barristers’ practices;
  • continuing work to tackle bullying, discrimination and harassment at the Bar; and
  • issuing a Regulatory Return questionnaire to assess risk within barristers’ practices and to understand better the levels of compliance with our rules.

The report also describes the day-to-day tasks undertaken by us when regulating barristers and specialised legal businesses in England and Wales in the public interest. This work includes overseeing the education and training requirements for becoming a barrister, monitoring the standards of conduct of barristers, and assuring the public that everyone it authorises to practise is competent to do so. To demonstrate these aspects of our work, the report shows that:

  • as of 31 March 2021, there were 17,123 registered barristers in England and Wales as well as 138 specialised legal services businesses regulated by us;
  • during 2020-21, 2,373 applications for waivers and exemptions from our rules were processed – a significant increase compared with the previous year; and
  • during 2020-21, 20 barristers had a disciplinary finding against them of whom nine were suspended and four were disbarred.

Further information about the regulator’s authorisations and enforcement work during the year will be made available in a separate report on its regulatory decision-making to be published in the autumn.

Read the full BSB Annual Report 2020-21 online.

We also published a separate document alongside its Annual Report, the Cost Transparency Metrics for 2020-21 which seeks to summarise and explain our costs.

BSB publishes a statistical analysis of the outcomes of complaints about barristers

In July we published a new statistical analysis of the outcomes of complaints made about barristers in England and Wales, and the likelihood of barristers being subject to a complaint, between January 2015 and October 2019. The way in which reports about barristers’ conduct are dealt with by us changed significantly in October 2019, so an equivalent analysis will be undertaken again later this year to understand the effect of the new system after two years of its operation.

The aims of this research were to investigate the relationship between barrister characteristics – particularly gender and ethnicity – and the outcomes of complaints against barristers, and the likelihood of practising barristers being subject to a complaint during this period.

During the period under analysis, we divided complaints into two categories “internal complaints” (complaints raised by us based on information received from a wide variety of sources, including self-reports of potential professional misconduct; referrals from other BSB departments; referrals from other regulators; judicial criticisms; and public/media coverage of barristers’ behaviour) and “external complaints” (complaints raised by members of the public, legal professionals or other external sources, who wished to make a formal complaint about a barrister). 

The key findings from this analysis include:

  • Male barristers subject to a complaint were found to be around 2.1 times more likely to have their case referred for disciplinary action compared with female barristers subject to a complaint;
  • Male barristers were also found to be around 1.3 times more likely than female barristers to be subject to an “internal complaint”;
  • There was not a statistically significant relationship between gender and whether cases were closed without investigation, or whether a barrister was subject to an “external complaint”. However, gender was close to being significant when looking at whether cases were closed without investigation, suggesting that there may be some association between being male and a lesser likelihood of a complaint being closed without investigation;
  • Compared to White barristers, barristers from minority ethnic backgrounds were found to be around 1.7 times more likely to be subject to an “internal complaint” compared with White barristers;
  • There was not a statistically significant relationship between ethnicity and whether cases were closed without investigation or referred to disciplinary action, or whether a barrister was subject to an “external complaint”. However, ethnicity was close to statistical significance when looking at whether cases were referred to disciplinary action, suggesting there may be some association between being from a minority ethnic background and a greater likelihood of a complaint being referred for disciplinary action; and
  • Analysis of year-on-year trends of complaint outcomes and ethnicity suggests that while there were a greater proportion of complaints referred for disciplinary action for barristers from minority ethnic backgrounds in comparison to White barristers prior to 2017, from 2017 onwards there is no clear trend. This suggests that the association between ethnicity and the likelihood of an “internal complaint” being referred for disciplinary action may have become weaker from 2017 onwards.

We published similar research in 2016.

A summary of the research findings can be found on our website.

The full research findings can be found on our website. The Appendices can also be found on our website

BSB publishes governance action plan

In July we published an action plan to improve our governance. The plan also addresses recommendations made today by the Legal Services Board (LSB) in its review of our governance.

The LSB was established by the 2007 Legal Services Act and monitors the regulatory performance of all the legal service regulators. The LSB report followed an assessment by the LSB, based on an analysis focusing mainly around three issues considered by our Board in the period between April 2018 and March 2020, that some improvements were needed to the way in which we are governed.

We regularly reviews our own performance in order to improve our governance and agree with the LSB that we could be more explicit in our focus on our statutory objectives, that we should do more to encourage consumers to engage with our work and that we should always have sufficient information to make regulatory decisions. Our action plan and our own review of governance, which is currently ongoing, will ensure that the LSB’s findings are fully taken into account as we continue to improve and develop our governance.

New guidance for legal professionals working in the Coroners’ Courts

The Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation have published new guidance for solicitors, barristers and CILEx Advocates working in the Coroners’ Courts. This includes:

  • A set of competences which spell out the standards expected of lawyers by the regulators and the public
  • Guidance and other resources to help make sure that the standards are met.

The new guidelines have been introduced in response to concerns about the standards of practice among some lawyers in the Coroner’s Court and in particular, issues about the adversarial approach adopted by some lawyers, and reports from the charity INQUEST on the experience of bereaved families in Coroner’s Court cases.

The competences complement the existing wider professional competency statements from regulators and set targeted expectations for lawyers working in the Coroner’s Court. The competences cover:

  • Law and procedure
  • Dealing with vulnerability
  • Communication and engagement
  • Raising awareness of key organisations

The Chief Coroner for England and Wales, HHJ Teague QC, has said: “It is important that the competencies for lawyers practising in inquests are met. They are important for effective advocacy and reflect the particular and unique challenges lawyers face in inquests. Also, since they helped develop them, coroners will be vigilant in ensuring those before them are meeting the expected standards.”

Coroners will be encouraged to address practice that falls short of these competences either during the hearing itself or through raising their concerns with the relevant regulator.

In developing these resources, we have worked closely with the Chief and Deputy Chief Coroners, practitioners, the Ministry of Justice, and bereaved families. We will also continue to work with them to evaluate the impact of the new guidelines and ensure that they are addressing the concerns identified.

Consumer News June 2021

Our priorities for 2021-22

In March 2021 we published our annual Business Plan for 2021-22 in which we set out our main priorities for the year.

The Plan – which includes details of our budget for the year ahead – reflects the significant ongoing effects of the coronavirus pandemic on both the profession and our own work.

The Business Plan outlines how, where necessary, we will temporarily put on hold some of our longer-term policy development projects in order to prioritise our core regulatory work and our analysis of the impact of the health emergency. This core work involves overseeing the education and training requirements for becoming a barrister, monitoring the standards of conduct of barristers and compliance with the rules in our Handbook, including the new transparency rules, and ensuring that everyone we authorise to practise is competent to do so. 

The policy development which remains important during 2021-22 and which is explained in more detail in the Plan reflects our analysis of risk to the regulatory objectives. Consistent with those risks, the plan targets:

  • continuing work to raise standards at the Bar;
  • completing the final implementation of Bar training reforms;
  • working with the Bar Tribunals Adjudication Service to review their Sanctions Guidance;  
  • promoting equality and access to justice including tackling bullying, discrimination and harassment at the Bar; and
  • ensuring the future supply of pupillage places, and hence of barristers, following a big reduction in response to the health emergency in 2020.

Introducing our new “Assuring Competence” programme of work to support professional standards at the Bar

It is common across professions for there to be defined skills and competences (or ‘professional standards’) that members of that profession are expected to meet. Few would argue against the suggestion that our primary role is to set the standards that we expect of barristers and to ensure that those entering the profession meet those standards and continue to do so throughout their careers.

In fulfilling this role, we can give assurance to members of the public that they have access to barristers who are competent to practise.

The question of maintaining and raising standards at the Bar is important and will therefore be one of our priorities for the coming year and we have recently launched a new programme of work about this which we have called our “Assuring Competence” programme.

It is important to acknowledge that there is no evidence of widescale concerns, and standards of practice at the Bar are generally high. Our strategy is therefore focussed on ensuring that those high standards are maintained, with intervention limited to where there is evidence of a problem.

The programme will include implementing targeted regulation to improve standards of advocacy in Coroners’ Courts, looking at how we can improve flows of evidence from the judiciary and others about areas of concern, and how we can improve feedback to individual barristers from a range of stakeholders to inform their self-reflection and continuing professional development.

We will be engaging with consumers and consumer organisations on these issues in the coming weeks and months and are particularly interested to understand what information or assurances you believe that members of the public need in order to have confidence that their barristers meet expected levels of professional standards. Do look out for opportunities to contribute.

How can we improve our engagement with consumers?

We are very keen to do more to increase our consumer engagement and to make sure we continue to represent the views of those who rely on the services provided by barristers in our work to regulate the Bar in England and Wales. This is particularly important given that we always seek to act, first and foremost, in the public interest.  

With this in mind, we have recently decided to increase the number of consumer experts on our Advisory Pool of Experts, and to establish a wide and flexible pool of consumer bodies from which subgroups could then be chosen to advise on specific issues.

If your organisation would be interested in joining our pool of consumer bodies or you, as an individual, would be interested in becoming a member of our Advisory Pool of Experts do please let us know. APEX is a pool of external advisors who can be called upon to provide expertise to assist us in performing our regulatory functions. We use APEX for advice and support, helping the organisation to develop policy and make regulatory decisions. APEX is made up of a diverse group of people, from a wide range of backgrounds, who are experts in their respective fields.

Last year, we appointed three new members to our Advisory Pool of Experts (APEX), including Stewart Horne who is an expert on Consumer Affairs.

Members of APEX will be engaged by us on a case-by-case basis and enter into a paid consultancy agreement for services with us for up to ten days’ work per year.

BSB welcomes review of the BTAS Sanctions Guidance

In April, we welcomed the publication by the Bar Tribunals & Adjudication Service (BTAS) of a first consultation document proposing revisions to parts of the Sanctions Guidance which is used by Disciplinary Tribunals in deciding what sanctions to impose in cases of proven professional misconduct by barristers. The consultation document has been prepared by a Working Group made up of representatives of BTAS, lay and barrister members of the BTAS Disciplinary Tribunal panel and the BSB.

BTAS is responsible for the appointment, operation, and decisions (including sentencing) of disciplinary tribunal panels under a Services Agreement between the BSB and the Council of the Inns of Court. The BSB is responsible for bringing charges of professional misconduct against barristers, which BTAS tribunals then adjudicate. The sanctions imposed are a matter for the tribunal having regard to BTAS Sanctions Guidance which is drawn up in collaboration between BTAS and the BSB

We very much hope that all those with an interest in the sanctions which barristers face for professional misconduct will take part in this consultation. We are of course aware that there has been recent criticism of the sanctions imposed in cases of sexual misconduct but this review also covers a wider range of professional misconduct. It includes proposals to increase the indicative sanctions for some types of misconduct, including misconduct of a sexual nature. It is very important that the final Guidance commands the support of both the public and the profession.

Details of the Review, which closes on 14 June 2021, can be found on the BTAS website.

Anti-racist statement

In November 2020, we published an anti-racist statement which aims to reduce race inequality at the Bar of England and Wales.

The statement, which is available to download from this webpage, was developed in collaboration with barristers and BSB members of the regulator’s Race Equality Taskforce. It has been produced in line with the objectives in our Equality and Diversity Strategy for 2020-22 where race equality is a key focus. Find out more on our website.

Diversity at the Bar is gradually improving but more progress is needed

In January, we published our annual report on Diversity at the Bar. The report shows that the profession became increasingly diverse in 2020 and that a greater proportion of barristers disclosed their demographic data.

While diversity of the profession continues to improve, there is still more that needs to be done so that the Bar reflects the society it serves.

For the first time, the report uses the term ‘minority ethnic groups’ rather than ‘BAME’ and provides more disaggregated data about ethnicity at the Bar in order to reflect the varied experiences of barristers from different minority ethnic groups.

Some of the key findings include:

  • At 60.9 per cent, men still outnumber women at 38.2 per cent of the practising Bar. The percentage of women at the Bar overall increased by 0.2 percentage points during the last year (or 0.4%).
  • The percentage of practising barristers from minority ethnic groups overall increased by 0.5 percentage points (or 3.7%) to 14.1 per cent, slightly exceeding the estimate of 13.3 per cent of the working age population in England and Wales.

Different minority ethnic groups have varied levels of representation at the Bar.  We have a statutory responsibility to monitor and promote equality and diversity both as an employer and as the regulator of barristers in England and Wales.

Encouraging innovation and the use of new technology

At the BSB, one of our commitments is to focus on the use of technology in the profession. We understand the important role innovation and technology could play in improving access to justice.  We would like the profession to adapt and take advantage of the opportunities this brings and are keen to play our part in encouraging the use of technology where it can bring benefits. Being a risk-based regulator, it is important that we understand the risks and opportunities that can arise from technological innovation and, where necessary, act quickly to mitigate any risks.

This short blog highlights some of the ways in which we are seeking to gain insight into the use of technology, helping us to understand how new ideas can be translated into reality, and ensuring that regulation adapts to facilitate the opportunities, while managing the risks.

Through our engagement with LawtechUK: This is a Government backed initiative aimed at supporting digital transformation of the UK legal sector. As part of this initiative, the BSB is working alongside other legal services regulators to provide regulatory support to those innovators who were successful in the pilot phase of this initiative. A list of the projects and more on this initiative can be found here. We are excited to be working on this initiative and look forward to seeing what opportunities this could bring to improve access to justice, while at the same time considering what they might mean for the Bar and for the BSB itself. 

Flexibility in applications of rules: One of the ways we can facilitate innovation, is through keeping our rules flexible. As we review our Code of Conduct, we aim to remove unnecessary prescription to facilitate different ways of thinking to deliver the right outcomes for the consumer and public interest. If our current rules are acting as a block to innovation or the use of technology, we can consider granting a waiver. More on waivers and how you could apply for one can be found here.

Ongoing engagement with barristers’ practices and further research: last year we sent out a request to barristers’ chambers asking them to answer a range of questions about their practice. Our Regulatory Return, as this is known, included questions relating to the current and future use of technology, as well as the perceived risks and barriers to the take up of technology. We are really looking forward to hearing what is happening in Chambers and to consider where we might be able to do more to enable innovation and better use of technology.

If you wish to discuss our work on technology and innovation, please contact policy@barstandardsboard.org.uk

BSB response to the Legal Services Board (LSB) discussion paper

In April 2021 we published our response to our oversight regulator the LSB’s quality indicators in the legal services market discussion paper.

We are committed to increasing transparency for consumers to provide them with the information, knowledge and tools they need to make effective choices in relation to legal services providers. This is key to ensuring that the legal services market functions well for consumers and supports our regulatory objectives of protecting and promoting the public interest, improving access to justice, protecting and promoting the interests of consumers and promoting competition in the provision of services.

As a result of the Competition and Markets Authority’s review of the legal services market in 2016, we have implemented a number of changes to our regulatory arrangements to increase the availability of information for consumers. This has included setting mandatory transparency rules for all self-employed barristers, chambers and BSB entities, setting additional transparency rules for those undertaking Public Access work and publishing additional best practice on transparency for all (going beyond the mandatory rules). We have also published guidance encouraging barristers to follow good practice when receiving feedback, and a guide for the public on using and leaving feedback about barristers.

We welcome this discussion paper and look forward to engaging further on the topic. Our Business Plan for 2021-22 commits us to collaborating with other legal regulators to understand the possible benefits of quality indicators and pilot new approaches, and to developing a regulatory approach to enabling barristers to better use consumers’ feedback about their services and to improve the indicators available to those seeking to engage the Bar. We are also a member of the regulators’ quality indicators pilot working group and are planning to conduct a pilot in employment law practice. As an evidence-based regulator, it is important for us to collect information to inform proportionate regulatory interventions. In our research programme for 2021-22, we will gather evidence through a) evaluating the impact of the new transparency rules on consumers and b) independent qualitative research to understand the expectations consumers have of barristers (including what quality indicators consumers find useful). Read our full response on our website.

Consumer News September 2020

Our response to Covid-19

Since the health emergency began earlier this year, we have been extremely conscious of its impact on the public served by the profession we regulate, as well as barristers themselves.

The challenges posed by the pandemic for the legal services market and the wider justice system are complex. As the regulator of the Bar, there are three immediate concerns that we have acted to address.

1. Ensuring that there continues to be an adequate supply of practising barristers available to serve the public, in particular in areas like Criminal and Family Law that have been affected by court closures and significant financial pressures. As a consequence, we have taken steps to make renewing practising certificates - which all practising barristers must hold - easier for those with cash flow issues, and we shall work closely with the profession to alleviate pressures where possible. 

2. Maintaining a diverse pipeline of talent into the profession from whom consumers can benefit . We have been particularly concerned about the impact of the pandemic on the availability of pupillages (the period of work-based learning that barristers are required to complete in order to be authorised to practise). Our recently published research shows that there is likely to be some pressure on the availability of pupillages over the next two years, and we are committed to doing all we can to support and facilitate the provision of these vital training opportunities. We shall also continue to closely monitor the diversity of the profession and  its new entrants, especially in publicly funded areas of practice in which women and BAME barristers are statistically more common.

3. Allowing students to progress onto their careers so that they can become practising barristers available to the public. We have worked hard in this area to make sure that centralised examinations for which we are responsible as part of Bar training go ahead. The online examinations that we held in August regrettably did not work for all students due to technical issues, so we are making alternative arrangements, but the majority of students have been able to complete their exams successfully in order to be in a position to progress to the next stage of their training to become barristers.

We will of course continue to monitor the effects of the health emergency on the Bar and the services it provides to the public and take action where we can.

BSB appears on podcast for legal consumers

We have recently appeared on two episodes of Get Legally Speaking, an exciting new legal consumer podcast.

To find out more about the BSB and our work on behalf of legal consumers, please listen to:

  • 'The Bar Standards Board - What is it? What Do They Do?'; and 
  • 'Access to Justice & the Legal Profession During the Crisis'.

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New strategy for improving equality and diversity in the profession

In April, we published our new Equality and Diversity Strategy for 2020-2022. It follows our Diversity at the Bar Report in January 2020, which showed that the diversity of the profession was slowly improving but that further progress is needed.

We have developed equality objectives and a corresponding action plan to increase diversity at the Bar so that it better reflects the society it serves and to improve access to justice.

While we have a statutory regulatory objective to "encourage an independent, strong, diverse and effective legal profession" (Legal Services Act 2007), we also believe that a profession which is representative of society will be more effective in meeting the diverse needs of clients. There is of course a moral case for diversity too - it is unfair 

The strategy includes objectives to address discrimination and harassment, and to review the role of regulation in enhancing access to justice and wellbeing at the Bar.

The Equality and Diversity Strategy will be implemented over a period of two years. In taking forward the strategy, we will be sensitive to the demands made on the profession by the health emergency, while also ensuring that momentum on this hugely important agenda is maintained.

You can read more about our approach to Equality and Diversity on our website.

BSB Annual Report 2019-20 records progress for consumers of barristers' services and the wider public

In July, we published our Annual Report for 2019-20, which summarised our achievements over the year. The report recorded reforms that aimed to benefit consumers and the public, including:

•    helping consumers better understand the prices and services of barristers by embedding compliance with the new Bar transparency rules;
•    furthering the public's understanding of the Bar and the wider justice system by taking forward a new strategy on Public Legal Education, working closely with organisations that have expertise in helping those in legal need;
•    increasing the efficiency of our regulatory decision-making by streamlining and improving the way that we assess and handle reports from the public about those whom we regulate;
•    taking steps to make the Bar better reflect the society it serves, including carrying out a review of our Equality Rules, publishing a new Equality and Diversity Strategy, and continuing to take action to tackle bullying and harassment at the Bar; and
•    ensuring that the best and brightest can pursue a career at the Bar in order to serve the public by implementing new Bar Qualification Rules, which make training for the Bar more affordable, accessible and flexible while sustaining high standards.

In addition, the Annual Report contained statistics relating to our enforcement action in response to alleged breaches of the BSB Handbook. It showed that during 2019-20, 32 barristers had a disciplinary finding against them of whom 15 were suspended and 10 were disbarred.  

Alongside the report, we also published Cost Transparency Metrics for 2019-20, which seek to summarise and explain our costs.

Commenting on the report, BSB Director-General, Mark Neale, said: "“I joined the Bar Standards Board in February 2020 so much of this report describes our work under my excellent predecessor, Dr Vanessa Davies. We made real progress during 2019-20 and achieved success in many key areas of our regulation, including introducing a new system by which new barristers train and qualify, and new transparency rules for the Bar. Our focus now is to ensure that our work helps the profession to recover from the effects of the health emergency for the benefit of everyone who relies on the Bar.”

You can read our Annual Read for 2019-20 on our website.

BSB embeds price and service transparency for barristers' clients

Consumers need a good understanding of the service they will receive from barristers and the price they will pay. That's why we introduced the transparency rules last year, and in July we published a review of compliance with those rules.

It found that we were already seeing good practice, with 75% of chambers being fully or partially compliant. However, there is room for improvement. We found that the most common themes of non-compliance included failure to provide:

• information about the factors which might influence the timescales of a case;
• a link to the decision data page on the Legal Ombudsman’s website; and
• a link to our Barristers’ Register.
We now expect any chambers or entities not in full compliance to achieve it without delay. This includes those supplying services to consumers directly (known as 'Public Access'), who are subject to additional transparency requirements.

We shall be undertaking follow-up work to check on compliance and will take supervisory/enforcement action where we find continuing failures to meet the requirements, to guarantee that consumers can be assured that they will have the information they need before engaging the services of a barrister.

For more information about the transparency rules, visit our website.
 

BSB seeks information from barristers to help it protect the public

In September, we issued the Regulatory Return questionnaire to 350 chambers and other organisations providing legal services. 

This exercise, last undertaken in 2015-16, enables us to assess risks across the Bar and levels of compliance with our rules. It helps us target regulatory supervision where it is most needed, so that we can act proportionately and effectively to protect the public.

If you want to know more about the Regulatory Return, visit our website.

New edition of Handbook for barristers enhances protections for consumers

In September, we published a new edition of the BSB Handbook, which contains rules about how barristers must behave.

As part of the new edition of the Handbook, we have updated guidance for barristers on Core Duty 9 ("You must be open and cooperative with your regulators"), making clear that this includes all relevant regulators and ombudsman schemes.

Our hope is that this will further strengthen protections for consumers, who - if they have a concern - might first seek redress from an organisation besides the BSB, such as the Legal Ombudsman.

If you are interested in learning more about the BSB Handbook, please visit our website.

Consumer News February 2020

Subscribe to stay up to date with our work to advance the interests of barristers' clients and consumers

Welcome to the second edition of Consumer News, the quarterly roundup of what the Bar Standards Board (BSB) is doing within its remit to regulate barristers in England and Wales. To stay in the know, email communications@barstandardsboard.org.uk

BSB sets out new public legal education strategy

In January 2020, the BSB set out our new strategy for Public Legal Education (PLE).

The new strategy aims to make it easier for consumers to navigate the complex market for legal services, with a focus on those with poor legal knowledge who might have to represent themselves. To reach and provide meaningful assistance to this group, we are establishing:

a series of corporate partnerships with organisations who have the most expertise in reaching those with low levels of legal knowledge and who might have to represent themselves; and we are increasing investment in our website to provide consumers with clear, practical and high-quality information.
Our first partnership is with Law for Life, a leading charity dedicated to ensuring that people have the knowledge, confidence and skills needed to secure access to justice. Law for Life runs the website, advice now, which is visited 1.2 million times a year, with 76% of its users identifying as actual or potential Litigants in Persons (LiPs). We will support Law for Life to deliver a number of projects by April 2020, including:

producing a resource, the working title for which is "When the other side has a barrister - a guide for Litigants in Person". It will explain what LiPs should expect from a barrister representing the other side, and will review the basic skills they can employ in order to put their own case as well as they can.plugging the gap in information available to Litigants in Person having to take a case about legal issues such as debt, consumer problems, breach of contract and personal injury by producing a series of resources in accessible language that explain how the legal process works and how to explore alternatives to going to court. This series will include: Things You Need Know Before You Sue; Hearings; Interim Applications (How to Ask a Civil Court to Do Something); Legal Costs and Who Pays Them; Evidence Needed to Sue Someone; and How to Settle a Court Claim.producing a route map to suing in the civil court, giving LiPs an overall picture of what is involved in a typical county court case, using a case study.developing a tailored workshop series for women-led organisations supporting highly vulnerable women ex-offenders or women at risk of offending to ensure they are better able to access housing and welfare entitlements.

In addition, we will continue to invest in our website, making clear, practical and high-quality content accessible to consumers. We will create a new section on the BSB website explaining how to report a barrister representing the other side, reinforcing consumers' understanding about what the barrister's role is and what issues do and do not merit a report to the regulator. On our website, the public can already find:

general information about barristers - what they do and how they differ from other lawyers;guidance on finding and using a barrister, explaining when you might need one, how to find and choose one, how to instruct them, and what you can expect;advice on how to search a barrister's record so you can discover whether they have been the subject of disciplinary findings;an explanation of how you can report a concern about a barrister, including when you should report someone to the BSB and when you should report them to the Legal Ombudsman; anda prominent link to Legal Choices, the consumer-facing website which provides independent information about legal issues and lawyers.

There will be more partnerships to come in the next financial year, which will continue to focus on providing information to the public, empowering them to make more informed choices about legal services and their interaction with the justice system in England and Wales.

 

Reforming the way we deal with information from the public

On 15 October 2019, reforms to the way we deal with information from the public took effect. The main change is that all incoming queries and information will be assessed centrally. This single point of initial contact will make sending information to the BSB ( https://www.barstandardsboard.org.uk/ask-us-a-question-or-report-a-concern-landing.html ) easier for members of the public.
It will remain the case that members of the public can send information to the BSB about a barrister who has not represented them.
However, if a member of the public wishes to complain about a barrister of whom they are a client, they should go to the Legal Ombudsman (LeO).
Find out more ( https://www.barstandardsboard.org.uk/resources/press-releases/bsb-modernises-its-regulatory-decision-making-and-launches-new-website.html ) about changes to how we deal with information from the public.

 

New transparency rules take effect

Our new rules to improve transparency standards for barristers' clients, which came into force in July 2019, are becoming embedded. Spot checks began in January 2020.
The new rules require barristers' practices to provide consumers with enhanced price and service information. There are also additional rules for providers of Public Access work in which legal services are supplied directly to members of the public rather than via a solicitor.
Find out more ( https://www.barstandardsboard.org.uk/for-barristers/compliance-with-your-obligations/transparency-rules.html ) about the transparency rules.

 

New BSB website makes it easier for consumers to access the information they need

The BSB launched a new website in October 2019 which makes it easier for consumers and members of the public to access the information they need.

Content for the BSB website, which was used by over 300,000 people last year, was developed with help from Law for Life. The website now provides information for consumers that is more comprehensive and accessible than ever before. It includes advice about how to access legal services, how to find and use a barrister, and how to report a concern to the BSB.

The BSB Handbook, which contains the rules for how barristers must behave and work, is now easier for the public to read and navigate. The website's new Handbook feature makes searching for specific rules quick and simple  - and there's no need to download the whole Handbook to do so.

Finding relevant content on the new and improved BSB website is straightforward. There are dedicated sections for the public, for students, and for barristers and other legal professionals, containing everything they need to know about BSB rules and guidance.

By improving the information available online, consumers will be empowered to make more informed choices when accessing legal services, and members of the public will be better equipped to report any concerns they have about a barrister to the BSB.

 



 

Consumer News July 2019

Our work to advance the interests of barristers' clients and consumers

We are pleased to bring you the first edition of Consumer News, a quarterly roundup of what the Bar Standards Board (BSB) is doing within its remit to regulate barristers in England and Wales. Consumer News will deliver everything you need to know about the regulation of barristers in the public interest straight to your inbox. So, if you want to stay in the know, you need to subscribe. 

BSB introduces new rules on price transparency for consumers

The BSB's new rules to improve transparency standards for barristers' clients came into force in July. The new rules will significantly improve the information available to the public before engaging the services of a barrister.

Barristers' practices will be required to:

State that they may be contacted by the public to obtain a quotation for legal services;Provide contact details for doing this;State their most commonly used pricing model or hourly rate;State the areas of practice in which they most commonly provide legal services;State and provide a description of their most commonly provided legal services;Provide information about the factors which might influence the timescales of their most commonly provided legal services;Display text to show that the practice and its barristers are “regulated by the Bar Standards Board””;Display information about the practice's complaints procedure, any right to complain to the Legal Ombudsman (LeO), how to complain, and any time limits for making a complaint.

There will also be additional rules for providers of Public Access work, in which legal services are supplied directly to members of the public rather than via a solicitor or another third party. 

The change will be a significant shift, empowering consumers to make more informed choices between providers.

The new rules come after the Competition and Markets Authority’s 2016 recommendations that legal regulators deliver a step change in transparency standards, to help consumers understand the price and service they receive, what redress is available, and the regulatory status of their provider.

Whilst barristers will be required to comply with the new transparency rules, there will be an implementation period until January 2020, after which spot checks will take place.

Read more ( https://www.barstandardsboard.org.uk/media-centre/press-releases-and-news/latest-edition-of-bsb-handbook-introduces-new-bar-transparency-rules/ )

 

New Strategic Plan for BSB

The BSB’s new Strategic Plan 2019-2022, published in March, contains the Bar Standards Board's aims for the next three years:
Delivering risk-based, targeted and effective regulation.Encouraging an independent, strong, diverse and effective legal profession.Advancing access to justice in a changing market.
The BSB also identified three themes posing the greatest risk to its statutory objectives:
Working cultures and professional environment inhibit an independent, strong, diverse and effective profession.Innovation and disruption in the legal services market of opportunities for the profession and the public.Affordability and lack of legal knowledge threaten access to justice.
Read more ( https://www.barstandardsboard.org.uk/media-centre/press-releases-and-news/new-bsb-strategic-plan-sets-out-regulatory-priorities/ )

 

Civil standard of proof adopted for misconduct proceedings

The new edition of BSB Handbook, published in April 2019, adopted the civil standard of proof for professional misconduct proceedings to alleged breaches of the Code by barristers occurring after 31 March.
The standard of proof will change from the criminal standard ("beyond reasonable doubt" or "satisfied so as to be sure") to the civil standard ("on the balance of probabilities" or "more likely than not") for conduct that occurred after 31 March. The criminal standard will continue to be applied to alleged professional misconduct that occurred before that date. This change came after a public consultation in 2017 and will bring the Bar's disciplinary arrangements in line with those of other professional regulators.

Reforming the way we deal with information from the public

We are reforming how we handle information we receive from members of the public to make our processes more efficient.  
It will remain the case that members of the public can send information to the BSB about a barrister who has not represented them.
However, if a member of the public wishes to complain about a barrister of whom they are a client,  they should go the Legal Ombudsman (LeO).

Read more ( https://www.barstandardsboard.org.uk/complaints-and-professional-conduct/making-a-complaint/ )