I watched the report on Bullying and Harassment at the Bar on Channel 4 yesterday with colleagues. It deeply saddened me on many levels, and I am so sorry that the Bar Standards Board added to the trauma of the already distressing situation that the witnesses found themselves in. It further saddens me to hear that yet again women must challenge the Bar to have a moment of reckoning and introspection; that victims of bullying and harassment are afraid to come forward; and that when women place their trust in those more senior across the profession - those concerns are not acted upon and properly reported.
The programme covered allegations of “predatory” behaviour by a high-profile barrister. The Bar Standards Board did take enforcement action in this case and the barrister was disbarred after facing a tribunal last year. Whilst this outcome is important the process clearly added to the traumatic experience for the witnesses interviewed and this is not good enough.
I want to assure everyone that the Bar Standards Board is listening, and we will do better to support those who come forward to make reports and give evidence. We shall do that immediately. We take allegations of sexual harassment seriously and we admire and are thankful to those who come forward with the courage to do so. Without them we cannot take successful enforcement action which helps to combat and eradicate this type of behaviour. Support, protection and a safe environment for individuals and witnesses who make reports has to be at the heart of our process. One of our first actions will be to fast-track specialist victim support services for those who report concerns.
We know that bullying and harassment is prevalent. Whenever people in positions of power and authority have influence over the careers of others bullying, harassment and sexual misconduct are unfortunately all too common. This is, at root, a cultural issue. The close personal relationships which characterise the Bar, and indeed legal services more generally, give rise to risks when professional progression depends on the patronage of senior barristers. These same close-knit relationships also inhibit the reporting of bullying and harassment. Those who experience misconduct fear the power of perpetrators to derail their careers – making a complaint about the person your career depends upon is a terrifying prospect to be faced with.
Securing enforcement action through the tribunal process can be complex and we understand that timeliness is important to maintain public and professional confidence. Gathering evidence and facts to support potential enforcement actions requires meticulous attention to detail. We must also deal fairly and properly with barristers’ various legal challenges and work to the timetable set by the Tribunal. It’s important that we are diligent and thorough to ensure that we don’t jeopardise presenting the strongest possible cases to the Tribunal.
The profession has many hard-working barristers that serve tirelessly to see that justice is brought to bear and uphold exemplary standards themselves. However, in order to ensure this is what the profession is known for, a change in culture at the Bar is needed. We look forward to the outcome of the Harman Review into bullying and harassment at the Bar later this year and to working with the Bar Council and barristers on the findings and recommendations.
Effective enforcement will not be enough on its own to uproot the culture. The whole system needs to better work together to drive this behaviour out of a profession that wants to continue to be recognised for its high standards. We will take responsibility for improving what we can at the Bar Standards Board and call upon the whole system to work towards driving out this behaviour.
It should never get to the point where people who have been impacted by criminal behaviour, or behaviour that brings the profession into disrepute, feel they have no choice but to go to the media to encourage victims of bullying and harassment to come forward. We must do better.
Kathryn Stone OBE, Chair, The Bar Standards Board
