The Bar Standards Board's (BSB) independent complaints commissioner has launched what he promises will be a 'root and branch' review of its complaints and disciplinary procedures, in a bid to increase transparency and public confidence in the system.
Robert Behrens, former secretary to the Committee on Standards in Public Life, said the 'searching review' was required as a result of publication of the Legal Services Bill, which will reform regulation of legal service providers, and also because no such review had taken place for some years.
The BSB has commissioned independent quantitative research of 500 complainants and the barristers they complained about as part of the review, to find out their views on the strengths and weaknesses of the system and how it can be improved.
Mr Behrens, who has dealt with 120 cases since he was appointed to the post in June 2006, said the bar's complaints handling was in good order and there was a strong case for the BSB to retain delegated jurisdiction for complaints about poor service from members of the public. But, he said: 'We are far from complacent and a great deal can be done to improve the way these matters are handled to ensure the process is both rigorous and sensitive to complainants.'
He identified three weaknesses in the current system: insufficient account is taken of the views of and impact on the complainant, the lack of feedback given to practitioners to enable them to improve their practice, and a lack of transparency.
In addition, he said there needed to be more outreach work done by the BSB to educate people about the rules for complaining about a barrister. Mr Behrens added: 'We have a lot to do to convince people the system has integrity. The test will be public confidence.'
The consultation ends on 20 November and the findings and recommendations of the review are expected to be published in mid 2007.
Catherine Baksi
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