In a significant step towards enhancing transparency and consumer protection, the Bar Standards Board (BSB) has launched a public consultation proposing that all client complaints be reported directly to both chambers and the regulator. The consultation signals a marked shift in how the Bar approaches first-tier complaints — those handled in the first instance by barristers or their chambers — and aligns with wider regulatory priorities set by the Legal Services Board.

Under the proposals, self-employed barristers and those practising in BSB-regulated entities will be required to report all client complaints to the BSB, regardless of severity or outcome. Employed barristers practising outside of BSB regulation are excluded from the proposed requirements. This represents a departure from the current position, where complaints must be recorded and responded to by barristers but are not routinely disclosed to the regulator.

The BSB views the proposals as necessary to improve oversight, identify patterns of concern, and build public trust in legal services. However, for chambers and practitioners alike, the changes are likely to entail a meaningful administrative and cultural adjustment — raising practical questions about compliance, proportionality, and the balance between formal regulation and informal dispute resolution.

Objectives of the Consultation

The BSB’s consultation sets out several key objectives:

1. To improve its understanding of complaints and poor service within the profession.
   The BSB believes that receiving data directly from the profession will help it gain a more complete picture of client dissatisfaction.
2. To enable the BSB to intervene earlier and more effectively.
   By spotting patterns and emerging trends, the regulator aims to adopt a more proactive approach to supervision.
3. To raise standards in first-tier complaints handling.
   The proposals seek to ensure complaints are dealt with fairly, promptly, and transparently at chambers level.
4. To support chambers and BSB entities in their oversight role.
   The new rules will encourage chambers to review complaints as part of practice management, identifying training and support needs.
5. To meet the Legal Services Board’s expectations of improved regulatory oversight.
   The Legal Services Board’s 2024 policy statement encourages frontline regulators to be more active in supervising how complaints are handled before they reach the Legal Ombudsman.
6. To improve accessibility of complaints processes for all consumers, especially those who are vulnerable or disadvantaged.
   The BSB highlights the need for complaints procedures that are inclusive, clearly signposted, and capable of supporting clients with additional needs.

A Cultural Shift for Chambers

One of the key features of the proposals is a formalisation of the responsibility on chambers and BSB entities to monitor and engage with complaints made against their tenants or staff. While many chambers already do so informally, the proposed rules would embed this as a formal obligation, likely requiring dedicated processes, systems, and time.

For heads of chambers and clerks, this may mean developing new reporting frameworks and allocating administrative resources to monitor and track complaints data. It also means investing in training, record-keeping, and internal communications protocols to ensure that issues are not only responded to, but also reflected upon and used as a basis for improvement.

In larger or more administratively resourced sets, this may be absorbed relatively easily. But for smaller chambers or sole practitioners, the impact may be more burdensome. The BSB recognises that proportionality will be important, and the consultation seeks views on how best to implement reporting in a way that is efficient and practical.

Submission and Enforcement

The BSB is currently consulting on three possible options for how complaints data might be submitted:

• Through the annual authorisation to practise process;
• Via a new digital reporting tool on the MyBar platform;
• Or through data collection managed centrally by chambers or BSB-regulated entities.

Failure to comply with the reporting requirements, once implemented, could in itself amount to a regulatory breach. This raises the importance of clarity in the definitions used — particularly in determining what constitutes a “complaint” for reporting purposes. Questions remain as to whether informal feedback or queries would be caught, and how barristers should distinguish minor expressions of dissatisfaction from formal complaints.

The BSB has stated it expects to finalise the rules by November 2025, with implementation and the first data submissions not expected before autumn 2026. Barristers will be given at least four months to prepare for compliance.

Supporting Access to Redress: The Role of ADR

As part of the wider aim to improve access to redress and confidence in the complaints process, the BSB encourages legal professionals to ensure that complaint pathways are not only robust but also accessible — particularly for vulnerable clients or those with communication difficulties.

An important complement to regulatory oversight is the use of Alternative Dispute Resolution (ADR) to resolve complaints swiftly and constructively. Accredited ADR providers such as ProMediate (UK) Limited are well-placed to assist in resolving disputes between clients and legal professionals in a neutral, confidential setting.

Engaging with an independent ADR provider can help barristers and chambers resolve complaints at an early stage, reduce the risk of escalation, and demonstrate a commitment to good client care.

More information is available at www.promediate.co.uk.