Alleged victims of bullying, harassment or sexual harassment and their confidantes will not be under an obligation to report the behaviour under a new protocol agreed by the Bar Standards Board and Bar Council.

The move, which was recommended by Baroness Harman in her independent review of bullying, harassment and sexual harassment at the bar, aims to improve how alleged victims can get support and assistance. They and their ‘confidante’ will not be obliged to make reports when they experience unacceptable behaviour. Meanwhile the commissioner for conduct, another Harman recommendation, may offer support to complainants without triggering an obligation to report the allegations to the BSB.

Following Dame Maria Miller’s appointment as the Bar Council’s commissioner for conduct, the BSB and the Bar Council have agreed a protocol which establishes a procedure for the referral and handling of bullying, harassment and sexual harassment reports between the commissioner and the BSB.

Where such reports amount to serious misconduct, the BSB will take action, as is currently the case, but where reports do not meet the BSB’s threshold for regulatory action, the commissioner will support individuals to raise their concerns with the responsible body such as the judiciary or individual chambers.

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BSB chair professor Christopher Bones said: ‘This agreed protocol shows how we will carry out our respective roles to help support those who need our help in making reports concerning bullying, harassment and sexual harassment at the bar.’

The BSB has also introduced a lower threshold for reporting: barristers will now be expected to make a report when there is a ‘reasonable suspicion’, rather than the former threshold of ‘reasonable belief’.

Bar chair Kirsty Brimelow KC described the protocol as an ‘important and welcomed step’. She added: ‘Eradicating misconduct and serious misconduct from bar and bench remain a priority and the Bar Council remains committed to taking all necessary steps to protect and support our profession.’

Miller said: ‘This is a significant milestone in delivering the recommendations of  Baroness Harman’s review and establishes  a clear agreement of roles and responsibilities with the BSB.'