Harman review: “Career-limiting or career-ending” sanctions needed for bully judges and predatory barristers
A damning report by Harriet Harman KC has found the Bar does “not always” uphold its high standards when it comes to bullying, harassment, and sexual harassment.
Harman, chair of the Independent Review, stated in her 128-page report on the Bar that there is a “culture of impunity” for those at the top who engage in misconduct.
She explained that individuals in powerful positions who bully, harass, or sexually harass others “can be pretty confident that nothing will be done about it.”
“Those who are called to the Bar are called to more than legal competence. They are called to the highest of ethical standards… respect for the rule of law depends on it. But when it comes to bullying, harassment, and sexual harassment, the Bar does not always uphold those standards,” Harman wrote.
The review explicitly states that judicial bullying is a serious problem, with a high percentage of barristers reporting that they have experienced or observed bullying by members of the judiciary.
Within criminal practice, it was revealed that judges are most likely to be responsible for bullying, with incidents including judges shouting, belittling, and acting with uncontrolled anger towards barristers in open court.
She criticised the judiciary for a “culture of denial” and for failing to acknowledge that some judges bully barristers explicitly.
Sexual harassment spotlight
The former deputy leader of the Labour Party also put sexual harassment at the Bar into the spotlight. It was noted that aspiring and junior barristers are particularly vulnerable to abuse by those in positions of power.
It was highlighted that student barristers are part of many WhatsApp groups as they compare notes on predatory barristers.
“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,” Harman wrote.
From unwanted physical contact, such as groping at social events, to inappropriate sexual comments and propositions, sexual harassment is a persistent problem at the Bar.
She even noted the case against the former chair of the Criminal Bar Association (CBA), Jo Sidhu KC, as one that highlighted the “systemic issues” facing the Bar. Sidhu was found guilty of three charges of sexual misconduct against a young female barrister last year.
“The jeopardy must change from the victim to the perpetrator,” she stated, as she called for change within the industry, with her review calling out 36 recommendations.
One of her proposals calls for stronger protection of student barristers. She recommends a new rule classifying it as “serious misconduct” for any member or employee of chambers to have a sexual relationship with a mini-pupil, pupil, or anyone on work experience at that chambers.
Her report also emphasised that the Bar Standards Board (BSB), the regulator of barristers, must clearly define sexual harassment and prohibit the abuse of trust that accompanies power and influence, even in private relationships, if a professional connection exists or has existed.
She also said it should be made clear that it’s a serious misconduct “to trawl for sex on LinkedIn”.
The findings led her to call for new sanctions to operate as a deterrent, as “career-limiting or career-ending” sanctions would send a clear message that serious misconduct will not be met with a quiet word or a brief suspension.
Commenting on the review, Law Society vice president Mark Evans said: “A sector-wide effort, and we are committed to working collaboratively to drive real change.”