The Bar Standards Board (BSB) has determined not to disclose individual assessments of chambers, as it implements a novel oversight approach.
The decision comes during a comprehensive strategy to reform how chambers are supervised, following extensive consultations and feedback from barristers and clerks nationwide. The BSB aims to drive cultural change within chambers, encouraging collective responsibility among barristers to uphold high standards, equality, and access for consumers.
The regulator expressed that although no new regulatory obligations are imposed, there is an effort to clarify existing practice management requirements. These will be primarily outcome-focused, avoiding overly prescriptive measures.
A significant portion of chambers comprises fewer than 50 members, which presents challenges related to ‘critical mass’ and administration. Although the BSB does not promote or prohibit mergers, it recognises them as a viable means for achieving economies of scale and improved competition.
Consultation feedback revealed mixed feelings about mergers and shared resources, with some advocates and others concerned about competitive implications. Nevertheless, the BSB maintains that any strategic alliances should not hinder competition within the legal services sector.
Furthermore, the BSB is committed to a supportive enforcement strategy, emphasising encouragement and assistance over immediate punitive measures. This includes a ‘period of grace’ allowing chambers ample time for compliance adaptation. However, enforcement will ensue in cases of persistent non-compliance, with actions tailored to the responsibilities and roles within non-compliant chambers.
Critics of the ‘BarMark’ quality scheme will see it remain dormant, as it has been deemed costly, favouring well-resourced chambers without significant long-term efficacy. Only the Legal Services Consumer Panel supported publicising individual chamber assessments, arguing it might diminish regulator-chamber openness. The BSB opted for a non-punitive approach, encouraging compliance through support.
The discussions also touched on further proposed changes, including governance transparency and a new chamber register, signalling ongoing dialogue in advancing regulatory practices.
The BSB is steering towards a collaborative culture in chambers, aiming to harmonise management obligations with supportive regulation while fostering competitive growth.
