Sexual relations between barristers and pupils and anyone undertaking work experience in their chambers should be banned to prevent predatory abuse at the England and Wales bar, a review by the Labour peer Harriet Harman has concluded.
The report on bullying and harassment, which calls for “decisive and radical change”, comes months after Navjot “Jo” Sidhu KC was disbarred for sexual misconduct towards an aspiring female lawyer. Harman, also a former deputy Labour leader, said the case highlighted “the systemic issues facing the bar with regard to sexual misconduct”.
As a former chair of the Criminal Bar Association who had once been a contender to be the director of public prosecutions, Sidhu’s case – which is under appeal – amplified longstanding concerns.
Harman, who chaired the review, which also scrutinised judges’ behaviour, wrote: “Those in powerful positions whether at the bar or in the judiciary who choose to engage in bullying, harassment or sexual harassment can be pretty confident that nothing will be done about it. And that is what must change. The jeopardy must change from the victim to the perpetrator.
“It must be understood by all in chambers that pupils and junior clerks are there to work, not for the sexual gratification of their seniors. There should be a new rule that it will be serious misconduct if a tenant [barrister] in chambers has sex with a pupil in that chambers, with appropriately tough sanctions.”
One woman told Harman that in her first week of pupillage – a mandatory work-based training period before becoming a barrister – a clerk came into her room and told her she needed to sleep with him and that she been groped by senior members of chambers at social events.
Another pupil described being sexually harassed by an older member of chambers, which made her question her choice of career and fear for her safety. In another example, a woman stopped going to social functions because the sexual harassment was “degrading and makes my skin crawl”.
Harman said: “Bullying, harassment and sexual harassment is a problem at the bar and on the bench, within chambers and courtrooms, in open court and behind robing room doors. It needs to be acknowledged and dealt with to protect future victims.
“There is a no confidence in the complaints system. The pervasive fear of complaining about misconduct gives perpetrators impunity, resulting in a cohort of untouchables. This is a moment of reckoning for the bar.”
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The review, published on Monday, found that most victims did not report what they had experienced as it would be career ending, leaving them deemed a “troublemaker” and out of work. Instead, Harman said pupils compared notes about predatory barristers, and junior barristers complained about bullying judges on numerous WhatsApp groups. She called for an end to “the culture of collusive bystanding”.
Harman said junior barristers told of being shouted by judges, leaving them humiliated and distraught, but there was a lack of acknowledgment by the judiciary.
One of 36 key recommendations said that an independent person should be involved in sanctions decisions after a judicial misconduct finding, rather than just the lady chief justice and lord chancellor, to tackle the perception that sanctions are unduly lenient, which deters complainants.
Harman also recommended a new commissioner for conduct to tackle bullying, harassment and sexual harassment at the bar to be appointed by the Bar Council.
The chair of the Bar Council, Barbara Mills KC, called it a “once-in-a-generation opportunity for the bar to change its culture”.
She said: “We commissioned this report last year because we’re aware of the scale of the problem but seeing its impact on our colleagues and those aspiring to join the profession in this report makes for uncomfortable reading. It’s imperative that all barristers have a safe working environment to deliver best outcomes for their clients.”
