BSB publishes Regulatory Action Diversity Analysis Report

By reports, we mean concerns about the conduct of a barrister that are reported to us. This research details how likely barristers are to be subject to a report, with a particular focus on the characteristics of ethnicity and gender.

In October 2019, the BSB introduced reforms to the enforcement process. The report also aims to assess the impact of these reforms, with a particular focus on how they have impacted outcomes by gender and ethnicity. It is a follow-up to two previous research reports on BSB report processing from 2015-2019 and 2011-2014.

The report is primarily intended to determine the extent to which the ethnicity or gender of a barrister is estimated to influence the likelihood of them being subject to a report to the BSB over the October 2019-March 2023 period, and the outcomes of such reports initiated, while accounting for other factors (such as the type of report). The report details a number of key trends in the outcomes of reports, for example:

• Male barristers are more likely to be subject to a report compared to female barristers, and barristers from minoritised ethnic backgrounds are more likely to be subject to a report compared to white barristers.
• Reports regarding male barristers are around 1.3 times more likely to be passed on to the investigations or enforcement teams compared to those regarding female barristers, and reports regarding barristers from minoritised ethnic backgrounds are around 2.3 times more likely to be referred compared to those regarding white barristers.
• For reports referred to the BSB Investigations and Enforcement team, results suggest that reports about male barristers remain more likely to be referred to disciplinary action (male barristers were around 1.8 times more likely to have a report referred to disciplinary action compared to female barristers). Reports about barristers from minoritised ethnic backgrounds were not more likely to be referred than reports about white barristers. For reports referred to disciplinary action, results suggest that gender and ethnicity did not have a relationship with the likelihood of reports being referred to disciplinary tribunals or for whether reports were upheld at the tribunal stage.

In line with our Anti-Racist Strategy 2024-2027 for BSB people and our Equality and Diversity Strategy 2022-2025, the BSB remains committed to anti-racist practices across the organisation. This includes mandatory anti-racism training as well as additional EDI learning on topics such as Anti-Bullying, Harassment and Discrimination, and Inclusive Leadership. We are also currently redesigning our enforcement process under a broader Reform Programme and will be undertaking equality impact assessments and other activities to ensure we eliminate any bias from the process. The BSB will also review our existing enforcement technology on a regular basis to ensure our system keeps up with the latest developments, and we will reflect on our use of digital tools to identify bias and support decision-making. Finally, the BSB will continue to engage in regular forums with other legal regulators in order to share best practices and learnings in this area.

When a concern is reported to us, it is assessed by the Contact and Assessment Team to decide what action, if any, is needed. We make a number of initial checks to ensure that the concern relates to someone or something we regulate. We also make sure that we properly understand your concerns. In most cases, we will then carry out a risk assessment which looks at whether the concern has, or could have, harmed people or their legal rights, and the public confidence in the profession and ourselves as its regulator. If the Contact and Assessment Team decide action is needed, they will pass your concern on to the correct department to deal with it, such as the Investigations and Enforcement team or the Supervision team. See more information on our website.