The latest review by the Bar Standards Board (BSB) reveals a notable decline in the number of complaints concerning barristers’ social media activities. This decrease, unexpected by the board, occurs amidst a rise in reports linked to contentious social and political topics.
The review, covering the year leading to 31 March 2024, was presented at the recent BSB board meeting. It highlighted enhancements in productivity, timeliness, and response rates across various operational areas. Crucially, despite fewer complaints, a growing fraction addresses the intersection of barristers’ commentary and controversial issues.
Of the complaints filed, many have stalled at preliminary assessment stages due to considerations around freedom of expression and personal life boundaries, indicating a cautious approach by the board. Specifically, 88 reports were noted, involving 35 barristers, contrasting with 115 reports against 53 barristers from the previous year.
Beyond social media concerns, the BSB reported a decrease in complaints of sexual harassment and misconduct within the profession. Only seven new reports emerged, a reduction from the prior count of sixteen. The majority were internal professional issues, not linked to public interactions.
Reports from the Home Office regarding barristers in immigration tribunals were substantial but often lacked actionable evidence, resulting in minimal follow-up. This period saw transitional efforts by the Home Office towards more effective reporting practices, including assembling a ‘professional enabler’ team to enhance collaboration with regulatory bodies.
A significant data-sharing agreement was established in April 2024 with the Office of the Immigration Services Commissioner, fostering better data exchange and joint enforcement actions where necessary. There has been a recorded instance of disbarment as a direct outcome of these collaborative efforts.
The year also saw a surge in the number of pupillages, with 614 new positions, marking a steady post-Covid recovery. Reports about pupillage rose slightly to 21, with notable emphasis on making necessary adjustments for reasonable accommmodations.
Additionally, the board is actioning recommendations from a comprehensive enforcement review by Fieldfisher, a City law firm, aimed at refining enforcement procedures.
Overall, the BSB’s findings reflect an evolving regulatory landscape where issues of professional conduct on social media, harassment, and immigration advocacy are increasingly scrutinised within a framework balancing individual rights and professional responsibilities.
