Barristers to be forced to come clean on client complaints

Barristers will be compelled to tell their regulator about complaints alleging poor service, under reform proposals announced today. Failure to comply could lead to disciplinary action.

The plan is outlined in a consultation from the Bar Standards Board on so-called first-tier complaints – complaints handled directly by barristers or chambers, rather than the legal ombudsman. Rules on complaints-handling are being amended to reflect new statutory requirements from oversight regulator the Legal Services Board.

The BSB said it wants to have ‘greater oversight and understanding’ of clients and complaints at the bar, which it intends to achieve by collecting complaints data directly from the profession. A new rule will be introduced to the BSB Handbook mandating this. Three options are mooted for obtaining the information: during the practise authorisation process; through a new process in the MyBar self-service portal; or direct from chambers or BSB-authorised entities.

The bar will also be obliged to ask complainants to provide details about any protected characteristics/disabilities and/or vulnerabilities on a voluntary basis.

A 'key focus' for analysis will be identification of barristers with disproportionately high levels of first-tier complaints, premature complaints to the legal ombudsman, or more generally identified weaknesses in complaints-handling. Follow-up action may include providing specific guidance, and where appropriate, undertaking supervisory activities. 

The board hopes the new approach will identify ‘training gaps’ and eventually reduce the number of complaints escalated to the ombudsman. If complaints data are not submitted as required, the BSB 'may take regulatory action, including supervision and enforcement action, on the basis of non-compliance'. 

The board is also working on developing model complaints-handling procedures for barristers to follow.

Mark Neale, BSB director general, said: ‘We aim to help people better understand their rights and know how to complain when things go wrong. The proposed rules should also help vulnerable people and encourage more feedback on how the profession is doing in handling complaints.

‘Consumers must have confidence that their complaints will be fairly assessed and dealt with efficiently, effectively and fairly at the first available opportunity.’