The BSB is changing how misconduct cases are handled. Here’s what’s changing and when.
The BSB has confirmed a significant set of changes to its enforcement process following a consultation that ran from July to October 2025. All tribunal outcomes, including findings that clear barristers of misconduct, will now be published, not only where the barrister requests it. The BSB described this as particularly important given it is also bringing forward the point at which barristers charged with misconduct are named.
Earlier naming, but not as early as Harman recommended
Currently, the BSB does not name defendants until a date has been set for a substantive hearing and a convening order is signed off, generally less than 14 days before the hearing. Baroness Harman recommended in her September 2025 report that names be published when the decision is taken to pursue charges.
The BSB’s preferred approach is for publication to occur following the setting of case management directions, allowing parties to address preliminary issues, including anonymity applications, before publication takes place. This is a meaningful change from the current position, but falls short of Harman’s original proposal.
Automatic anonymity for witnesses in sexual allegation cases
An automatic presumption of anonymity will be introduced for witnesses making allegations of a sexual nature. The current procedure, under which decisions on anonymity are taken at the hearing, risks discouraging witnesses from assisting the BSB. This change takes effect sooner than the wider enforcement regulation changes.
What stays the same
Five-member disciplinary tribunal panels, chaired by a judge or KC, will be retained for disciplinary hearings. Panels that decide whether to refer cases to tribunal will be reduced to three members with a lay majority.
The BSB is also renaming its fitness to practise regime as a “health” regime. Changes will remove the requirement of incapacitation before a barrister can be referred, and extend the regime to anyone suffering from a health condition - physical or mental, including addiction. The six-month limit on suspension for health reasons will be replaced by a fixed period of no more than 36 months.
What comes next
The BSB plans to consult on draft enforcement regulations this spring, with the new regulations implemented early next year. Chambers whose complaints and conduct procedures have not been reviewed recently should treat this as a prompt.