Conduct commissioner offers barristers route to raise bullying concerns

Barristers in England and Wales now have an alternative route to fulfil their professional duty to report bullying, harassment, or sexual harassment by others. A new protocol, agreed between the Bar Standards Board (BSB) and the Bar Council’s recently appointed Commissioner for Conduct, Dame Maria Miller, allows barristers to report such concerns to either body. This development, a key recommendation from Baroness Harriet Harman KC’s independent review, aims to dismantle barriers to reporting by offering a more supportive pathway. Crucially, alleged victims and their confidantes are no longer obliged to report directly to the BSB, and the threshold for reporting by others has been lowered from “reasonable belief” to “reasonable suspicion,” signalling a significant shift in the Bar’s approach to tackling misconduct.

The landscape of professional conduct at the Bar of England and Wales has undergone a significant evolution with the introduction of a new reporting mechanism for instances of bullying, harassment, and sexual harassment. Barristers, who are professionally bound to report serious misconduct, can now satisfy this duty by reporting to the Bar Council’s newly established Commissioner for Conduct, Dame Maria Miller, as an alternative to direct reporting to the Bar Standards Board (BSB). This pivotal change, formalised through a protocol between the BSB and the Commissioner, represents a concerted effort to address long-standing issues of inappropriate behaviour within the profession.

This development is a direct response to the critical findings of Baroness Harriet Harman KC’s independent review into bullying, harassment, and sexual harassment at the Bar, published in September 2025. The review exposed an “unsustainable situation” and a “culture of denial,” advocating for structural reforms to foster a safer and more respectful working environment. The establishment of the Commissioner for Conduct and the new reporting protocol are intended to provide clearer, more accessible, and less intimidating avenues for reporting, thereby encouraging a cultural shift towards greater accountability and support for those affected by misconduct.

This article will delve into the statutory and doctrinal context underpinning barristers' reporting duties, examine the specifics of the new protocol and the Commissioner's role, and analyse the implications for practitioners. It will argue that this new route, while a significant step towards cultural change and victim support, will require consistent implementation and the building of trust within the profession to achieve its full intended impact.

The professional conduct of barristers in England and Wales is primarily governed by the Bar Standards Board (BSB) Handbook, which sets out the overarching duties and specific rules of conduct. Central to this framework is the duty to report serious misconduct, enshrined in rules such as C65, C66, C67, and C68. Historically, barristers were required to report to the BSB if they had “reasonable grounds to believe” that another barrister had committed serious misconduct. Bullying, harassment, and sexual harassment are explicitly recognised as forms of professional misconduct, prohibited by the BSB Handbook, and can also constitute unlawful discrimination under the Equality Act 2010.

Despite these existing duties, the legal profession, particularly the Bar, has grappled with significant barriers to reporting such misconduct. Concerns over victimisation, reputational damage, and a perceived lack of effective support mechanisms often deterred individuals from coming forward. This challenging environment prompted the Bar Council to commission Baroness Harriet Harman KC’s independent review in September 2025. The review’s findings underscored the urgent need for systemic change, including the creation of an independent Commissioner for Conduct to oversee reforms and provide a trusted route for raising concerns.

In response to these recommendations, Dame Maria Miller, a former Chair of the House of Commons Women and Equalities Committee, was appointed as the Bar’s first Commissioner for Conduct in January 2026. Her role was envisioned as an “influencer, not a pseudo-regulator,” focused on promoting good practice, providing confidential support, and managing reports of bullying, harassment, and sexual harassment under an agreed protocol with the BSB. This appointment set the stage for the formalisation of the new reporting pathway.

The core of this significant development lies in the new protocol agreed between the Bar Standards Board and the Bar Council’s Commissioner for Conduct, Dame Maria Miller, which came into effect in June 2026. This protocol fundamentally alters how barristers can satisfy their duty to report serious misconduct related to bullying, harassment, or sexual harassment. Barristers now have a dual reporting route, able to report such incidents to either the BSB directly or to the Commissioner for Conduct.

A crucial aspect of the new protocol is the exemption for alleged victims and their confidantes. These individuals are no longer under an obligation to report instances of bullying, harassment, or sexual harassment to the BSB. This aims to provide a safer space for those directly affected, allowing them to seek support without immediately triggering a formal regulatory process. The Commissioner can offer confidential advice and support without automatically engaging the BSB’s reporting obligations, though she will support individuals in making such reports if appropriate.

Furthermore, the BSB has lowered the threshold for reporting by others from “reasonable belief” to “reasonable suspicion” where the alleged serious misconduct relates to bullying, harassment, or sexual harassment. This change, incorporated into Version 5.0 of the BSB Handbook, effective from 15 June 2026, is intended to encourage earlier intervention and reporting of potentially problematic behaviour. The definition of “serious misconduct” under the protocol encompasses bullying, harassment, or sexual harassment that “significantly breaches the standards expected of a barrister that may warrant regulatory action.”

The Commissioner’s role is multifaceted. She is tasked with triaging reports received. If the allegations amount to serious misconduct and disclose a “real risk of serious harm,” the Commissioner is obliged to refer these cases to the BSB, even without the complainant’s consent if necessary, in accordance with her safeguarding policy. For reports that do not meet the BSB’s threshold for regulatory action, the Commissioner will support individuals in raising their concerns with other responsible bodies, such as chambers or the judiciary. This distinction underscores the Commissioner’s role as a facilitator of cultural change and support, rather than a direct regulator, complementing the BSB’s enforcement functions. This builds upon the BSB's 2021 waiver scheme, which allowed barristers to provide support without engaging the duty to report, further enhancing support mechanisms.

This new framework represents a significant shift towards addressing the systemic issues identified by the Harman Review. By providing a confidential and supportive pathway, it seeks to overcome the historical reluctance to report, fostering an environment where misconduct is less likely to go unchallenged. The emphasis on early intervention and the dual reporting mechanism are critical components in promoting a more inclusive and respectful culture at the Bar.

The introduction of the Bar Council’s Commissioner for Conduct and the accompanying protocol with the Bar Standards Board marks a watershed moment in the ongoing efforts to combat bullying, harassment, and sexual harassment within the legal profession. This dual reporting mechanism, coupled with the exemption for victims and confidantes from direct BSB reporting and the lowered threshold of “reasonable suspicion” for others, provides a more nuanced and supportive framework for addressing misconduct. It directly tackles the barriers to reporting identified by the Harman Review, aiming to instill greater confidence and trust among barristers.

For practitioners, this development necessitates a thorough understanding of the updated BSB Handbook and the new reporting pathways. Barristers must be aware of their options when witnessing or experiencing misconduct, and chambers should review and update their internal policies and training to align with the new protocol. The success of this initiative will ultimately hinge on the profession's willingness to embrace these changes, the Commissioner's ability to build trust, and the BSB's consistent and transparent application of the new rules. Continued monitoring of reporting trends, disciplinary outcomes, and the overall cultural impact will be crucial to ensuring that this significant reform translates into a genuinely safer and more equitable Bar.