17 November 2018

Updated guidance about the reporting of serious misconduct of others

We have recently updated our guidance regarding reporting serious misconduct of others to make it clear that our policy is not to take enforcement action against barristers who fail to comply with their duty to report discrimination, harassment (whether of a sexual nature or otherwise) or victimisation where they themselves have been the subject of these types of misconduct.

The full guidance is available on our website. Paragraph 16 relates to the reporting of discrimination, harassment and victimisation. As it is the only section that has been updated, here is the relevant paragraph in full:

16. If the matter relates to conduct which affects you personally, you still remain under an obligation to report serious misconduct to the BSB. However, the BSB will treat any report of discrimination, harassment (whether of a sexual nature or otherwise), or victimisation as sensitively as possible and will not act without first consulting the person who has been affected. Given the sensitivity of this issue, the BSB has a policy of not taking enforcement action for failing to comply with the duty to report if you may have been the subject of these types of misconduct. Nevertheless, we would encourage you to report matters to the BSB and we will always treat such reports sensitively.