Following a review and redesign of our end-to-end enforcement process, we conducted a public consultation between July and October 2025 which sought views on proposed “in principle” changes to our Enforcement Regulations in Part 5 of the BSB Handbook.
We have today published our full feedback statement on the outcome of the consultation, which summarises the responses received and our conclusions and next steps. We are grateful to those who responded and the broad support from stakeholders for our proposals. Having considered the feedback, we will move ahead with most of our proposals, while others will not be taken forward. Some of the key outcomes from the consultation include:
- Giving the Bar Tribunals and Adjudication Service (BTAS) greater case management powers and a new power for BTAS to regulate its own procedure to facilitate speedier progression of cases.
- Introducing an automatic presumption of anonymity for witnesses involved in allegations of a sexual nature, which will provide more assurance to witnesses making a report to us.
- Bringing forward the publication of cases to when case management directions are made by BTAS. This will provide greater transparency to see details of the cases much earlier in the process.
- Resetting the “Fitness to Practise” regime to facilitate a more flexible and compassionate process to handling issues of physical or mental impairment.
- In health matters, panels will be able to impose health orders for up to 36 months. The panel will have the ability to review and extend orders, including indefinitely, to address ongoing public protection concerns.
- We asked whether all Disciplinary Tribunal panels should consist of three panel members, instead of five. We have decided to keep our current approach to panel composition, and in relation to panel chair, for the time being in disciplinary proceedings as we believe it will maintain quality and robustness of decision-making.
- In relation to the Independent Decision-Making Panel (IDB), we will reduce panels from five to three members, retaining a lay majority, meaning a more streamlined approach to IDB cases.
Steven Haines, Interim Director General, The Bar Standards Board said:
“These changes will help make our end-to-end enforcement process more efficient, effective and timely and with greater transparency. They will also help us expedite cases involving bullying and harassment and, crucially, provide assurance of anonymity and support to witnesses.”
Notes to Editors
The consultation feedback statement can be found on our website.
The full consultation can be found on our website.
The second consultation on draft regulations reflecting our proposals will follow later in Spring 2026. We aim for the new regulations to come into effect from early 2027.
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