Following the appointment of the Commissioner for Conduct, a recommendation of the Harman Review, we have agreed a protocol with the Bar Council’s (BC) Commissioner for Conduct, which sets out how our organisations will work together to support people experiencing bullying, harassment and sexual harassment at the Bar.
The protocol establishes a clear and consistent procedure for the referral and handling of bullying, harassment and sexual harassment reports between the Commissioner and us. The protocol confirms that where such reports amount to serious misconduct, we will take action. Where they don’t meet our threshold for regulatory action, the Commissioner will support individuals to raise their concerns with the responsible body such as chambers or the judiciary.
As part of its commitment to help victims of bullying, harassment or sexual harassment, we are piloting a new approach to the reporting of these cases. Barristers who are under a duty to report serious misconduct by others to us can now satisfy that duty by reporting either to the Commissioner or to us, where the report relates to bullying, harassment or sexual harassment.
To improve how victims can seek support and assistance, they and their confidants will not be obliged to make such reports when they experience these behaviours. This means that the Commissioner may offer support to victims and complainants without triggering an obligation to report to us, but the Commissioner will support them in doing so. The new guidance also recommends making such a report where there is a “reasonable suspicion” that it occurred. These are all recommendations of Baroness Harman’s report into bullying, harassment and sexual harassment at the Bar.
Professor Christopher Bones, Chair, The Bar Standards Board said:
“We are delighted to be working together with the Bar Council in driving culture change and taking actions in response to the recommendations set out in the Harman report. This agreed protocol shows how we will carry out our respective roles to help support those who need our help in making reports concerning bullying, harassment and sexual harassment at the Bar.”
The Bar Council’s Commissioner for Conduct, Dame Maria Miller, said:
“This is a significant milestone in delivering the recommendations of Baroness Harman’s review and establishes a clear agreement of roles and responsibilities with the BSB. It has been a priority for me since taking up my role 6 months ago as it means we can better support those who experience bullying, harassment and sexual harassment at the Bar. Importantly, it will help address the barriers to reporting identified in the Harman review.”
