The we have today launched a consultation, following a review and redesign of our end-to-end enforcement process. It is part of our work to modernise delivery of our gatekeeping and enforcement functions aimed at greater efficiency, transparency and speed. It follows a review of how our enforcement system operates by Fieldfisher LLP in April 2024. The recommendations from the review were accepted by the Board.
This consultation seeks feedback on proposed “in principle” changes to our Enforcement Regulations in Part 5 of the BSB Handbook. This covers a broad range of issues including wider principle and procedure, substantial alterations to our current process and changes that clarify existing practice. It will address changes to the Enforcement Decision Regulations, Disciplinary Tribunal Regulations, Interim Suspension Regulations, and the Fitness to Practice regime and issues of publication and open justice.
The consultation is open until Wednesday 15 October 2025 and a second consultation on draft regulations will follow in 2026. We aim for the new regulations to come into effect from 2027.
Some of the key changes we are seeking views on are:
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Enabling us to accelerate cases, including those of bullying and harassment.
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We are proposing that witnesses in cases involving allegations of a sexual or violent nature have an automatic presumption of anonymity to provide more assurance when a report is made and investigated.
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We also propose to bring publication of cases forward either to when charges are served by us, or when case management directions are made by the Bar Tribunals and Adjudication Service.
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We propose that, following the publication of charges, all subsequent proceedings and hearings are in public in disciplinary matters, unless the Tribunal orders otherwise.
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We propose to improve the Disciplinary Tribunals Regulations to give the Bar Tribunals and Adjudication Service greater power to manage cases.
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We are asking whether, in future, all Tribunal panels should consist of three people, instead of five people as now, and are inviting views on the desired qualifications and experience of those persons.
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Updating our approach to interim suspension orders where we consider that the protection of the public, public interest or client interests requires that a barrister be suspended ahead of a Tribunal decision in disciplinary proceedings.
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Resetting the “Fitness to Practise” regime to a “health” regime to facilitate a more flexible and compassionate process to handle issues of physical or mental impairment.
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Finally, we are seeking views on a more immediate change to defer service on a barrister of written allegations of potential breaches of the BSB Handbook to close to the conclusion, rather than at the commencement as now, of an investigation.
A summary of key proposals and impacts for the public, online response form and the full consultation can be found on our website.
Mark Neale, Director General, The Bar Standards Board said:
“The Bar Standards Board is committed to modernising delivery through our reform programme. This consultation is a crucial step to make our enforcement process more efficient and effective, but without jeopardising the quality of decisions. The changes will, in particular, help us to expedite cases involving bullying and harassment and, crucially, provide assurance of anonymity and support to witnesses.
The proposals also aim to empower the Bar Tribunals and Adjudication Service proactively to manage proceedings to a speedier final hearing and with greater transparency. We welcome all views, including the public, the profession and those that use our service.”
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