Barristers from ethnic minority backgrounds more likely to experience BSB complaints

Barristers from ethnic minority backgrounds are more likely than their white counterparts to have complaints raised against them by the Bar Standards Board (BSB), according to a study by the regulator.

Of reports about barristers’ conduct raised between 2015 and 2019, barristers from ethnic minority backgrounds were 1.7 times more likely than white barristers to be subject to an internal complaint

The study indicated that there is also a link between ethnicity and disciplinary action, which suggests that “there may be some association between being from a minority ethnic background and a greater likelihood of a complaint being referred for disciplinary action.”   

Director of legal and enforcement for the BSB, Sara Jagger said: “This report illustrates our commitment to transparency in the way in which we deal with reports about barristers’ conduct. Our decision making is regularly reviewed to ensure that it is of a high quality and free from bias and it is essential that we keep monitoring these issues.

“Our decision-making processes have changed significantly since the period covered by this report and later this year, we will be reviewing the impact of those changes on the outcomes for barristers with different diversity characteristics.”

A new enforcement system was introduced in October 2019. The BSB intends to conduct equivalent analysis once the new system has been in operation for two years. The BSB said: “This future analysis will enable us to determine if the patterns observed in the operation of the old system are still apparent. The BSB will continue to monitor data emerging from our enforcement system and continue to keep our decision making under review to ensure that it is of a high quality and free from bias.”