BSB to streamline complaint handling regulations and powers

The regulator of the barrister profession is proposing the removal of power to help streamline complaints regulations and remove uncertainty in how the Professional Conduct Committee PCC's powers are applied.

The BSB wants to tighten up the regulations in relation to complaint handling by removing the power of its PCC to take 'No Further Action' (NFA) decisions.

The PCC is responsible for investigating complaints and taking enforcement action against barristers who have breached the BSB Handbook.

In a new consultation paper, the BSB set out its case that the terms of the handbook have made the use of NFA redundant and incompatible with the definition of professional misconduct.

Currently, the committee has the power to take NFA decisions in cases in which it is satisfied the handbook has been breached, but considers the behaviour to not go as far as amounting to professional misconduct. The PCC also has the power to impose administrative sanctions in the same circumstances.

However, unlike administrative sanctions, NFA decisions are disclosed for the purposes of certificates of good standing or in response to enquiries by Queen's Counsel Appointments, regarding applications for silk, or the Judicial Appointments Commission in relation appointments to judicial office.

Sara Jagger, director of professional conduct at the BSB, said: "As a regulator with a responsibility for handling complaints and taking disciplinary action against barristers, it's really important that there be no uncertainty as to how our Professional Conduct Committee's powers are applied. The proposals set out in the consultation are all about tidying up our complaints regulations.

"The way in which the relevant provisions in the new Handbook are drafted has made the use of the power to take 'No Further Action' - which was very rarely used - almost redundant and incompatible with the definition of professional misconduct. We think the simplest and most transparent thing to do is to remove the power completely, but we would encourage anyone with a view on the matter to get involved and respond to our consultation."

The consultation closes on Friday 10 April 2015.