This is a collaborative response to the Bar Standards Board's (BSB) consultation on the Equality Rules.
While we welcome the BSB's commitment to advancing equality, diversity, and inclusion at the Bar through this consultation, we, like many others, are concerned about whether regulatory action is the most effective mechanism for achieving meaningful change.
Though we agree with the BSB that cultural transformation is necessary for creating a truly inclusive profession, the consultation's heavy reliance on regulatory oversight to drive this change raises fundamental questions. Despite being well-intentioned, the proposals lack crucial detail about practical implementation and enforcement, and raises legal implications, leading us to question whether regulatory change is best placed to drive and impact such cultural transformation within the profession.
The consultation's approach to cultural change relies heavily on policy documentation and data collection without addressing the underlying mechanisms that drive cultural transformation. Requiring chambers to have an EDI policy does not automatically create an inclusive environment; collecting diversity data does not inherently lead to better decision-making; publishing accessibility statements does not necessarily improve access.
While the BSB's proposals present an impressive framework on paper, they risk creating a 'tick-box' culture in which chambers focus on meeting minimum regulatory requirements rather than engaging in meaningful cultural change. These requirements become purely aspirational without clear enforcement mechanisms, creating additional administrative burdens without necessarily advancing the underlying objectives. Tokenism does not improve the professional lives of disabled or neurodivergent practitioners.
True cultural transformation requires sustained efforts that extend beyond regulatory compliance. If the BSB genuinely wishes to influence cultural change, it must encourage and facilitate collaboration between the Bar Council, the Circuits, specialist Bar associations, and charitable organisations such as ours that work directly with underrepresented groups at the Bar. These organisations are better positioned to deliver the leadership, educational initiatives, mentoring programmes and professional development needed for genuine cultural transformation.
A more effective approach would be for the BSB to focus on its existing core regulatory functions—setting clear professional standards and enforcing them robustly—while working collaboratively with stakeholders who are better positioned to drive cultural change within the profession.
Our organisations remain committed to working towards meaningful, sustainable change at the Bar and the wider legal profession.
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