The disciplinary system for English barristers is rife with ‘systematic failures’, a report released earlier this week has found.

According to the Council of Inns of Court disciplinary tribunals review group, a totally revamped tribunals service needs to be created as soon as possible, reports Global Legal Post.

London-based weekly, the Law Gazette, reports that the group made a total of 82 recommendations for improvement. Review head, Desmond Browne QC, of Gray’s Inn chambers 5RB, said that ‘within days’ the scale of the failings became apparent, and that ‘the need for reform was so great that we very quickly changed from a review group into what was effectively an implementation group so as to ensure that the disciplinary tribunals system could continue to operate’.

Potential conflicts

The failings reported cover a range of issues from the eligibility of tribunal members, and their potential conflicts of interest, to problems of transparency, poor written records, the ignoring of rules and the absence of arrangements concerning accountability. The problems are understood to date back several years, with the tribunal being run by a single secretary, in one small office, who was not adequately supported or supervised.
Several measures have been proposed by the review to tackle the longstanding failings. It is proposed to introduce an Inns of Court tribunals service to cover both disciplinary hearings and the Inns Conduct Committee. The service will ensure transparency and equality through keeping accurate records and reporting to the Inns annually.
Brigadier Anthony Faith of Gray’s Inn, which currently controls the committee, told the Gazette that the recommendations were already being adopted, with an oversight manager is to be appointed by the end of October. New accommodation for the service is also being made ready.