Joint statement from the LCJ, SPT and Bar Council: Tackling bullying, harassment and discrimination

Cross JurisdictionalDiversity and InclusionPractice Guidance

  1. Shared Commitment
    1. 1. The Bar Council’s Commissioner for Conduct (the “Commissioner”), the Lady Chief Justice of England and Wales (the “Lady Chief Justice”) and the Senior President of Tribunals (the “Senior President”) share a commitment to creating and maintaining an environment in courts and tribunals where judicial office holders, legal professionals, court staff, and all other court users are treated with courtesy and respect.

2. Separate Roles
2.1. The Commissioner is appointed to her role by the Bar Council of England and Wales (the “Bar Council”) and is supported by the Bar Council
2.2. The Lady Chief Justice and the Senior President have responsibility for the welfare, training and guidance of judicial office holders throughout England and Wales (the “Judiciary”)
2.3. The Commissioner acknowledges the constitutional separation between the Bar and the Judiciary.  They will respect that separation in all their dealings with the Judiciary.
2.4. The Commissioner acknowledges that they have no role in the oversight or regulation of judicial office holders. Under the Constitutional Reform Act 2005, responsibility for judicial conduct lies with the Lady Chief Justice and, where a formal complaint has been made to the Judicial Conduct Investigations Office (“JCIO”), the Lord Chancellor. 
2.5. The Lady Chief Justice and the Senior President acknowledge the constitutional separation between the Judiciary and the legal professions, including the Bar.  They will respect that separation in their dealings with the Commissioner and will invite other members of the Judiciary to respect that separation in their dealings with the Commissioner too.  They acknowledge that the Judiciary has no formal role in the regulation of barristers.    

    3. Engagement
    3.1. The Judiciary will engage with the Commissioner to promote the shared commitment (see clause 1.1 above).  The Judiciary’s engagement will be led by the lead judge for diversity, inclusion, leadership development and wellbeing (the “Lead Judge”) on behalf of the Lady Chief Justice and the Senior President. 
    3.2. The parties will have regard to the Statement of Expected Behaviour which sets out the expected standards for judicial behaviour. 
    3.3. The Commissioner will seek advance approval from the Lady Chief Justice via her Private Office for any visit to a court, and from the Senior President via his Private Office for any visit to a tribunal, in circumstances where the Commissioner wishes to meet judicial office holders to discuss with them issues of bullying, harassment, discrimination and exclusionary behaviour. 
    3.4. The Judiciary will encourage judicial office holders to engage with the Commissioner, but at an individual level that engagement remains voluntary.
    3.5. The Commissioner is at liberty to attend any court or tribunal to observe any public hearing without seeking prior approval or giving notice.  Observation confers no rights of audience or participation in proceedings. 

    4. Information-Sharing and Confidentiality
    4.1. The Commissioner may meet periodically with the Lead Judge to share high‑level, anonymised information about barristers’ reported concerns about judicial bullying, harassment, discrimination and exclusionary behaviour (BHDE). 
    4.2. The Commissioner may, in appropriate circumstances where consent has been given or properly dispensed with, disclose a Talk to Spot[1] report which identifies a particular judicial office holder.  Such a report should be disclosed in the first instance to the Lead Judge on an anonymised basis.  The Commissioner may request the Lead Judge to pass on that report to the leadership judge for the judicial office holder in question. 
    4.3. The Commissioner may apply to access recordings of court proceedings[2] where available to assess allegations of judicial BHDE and to assist the barrister’s routes of reporting. 
    4.4. The Commissioner may act as an intermediary on behalf of a barrister under the Judiciary’s informal process for raising concerns about judicial behaviour.

    [1] Talk to Spot is the Bar Council’s anonymous reporting tool which enables barristers to record incidents of perceived bullying, harassment, discrimination or exclusionary behaviour. 

    [2] The determination of such applications is a matter solely for the relevant court or tribunal in accordance with the 2014 Practice Directions on Access to Audio Recordings of Proceedings, or any other applicable Practice Direction, applying ordinary principles.