In recent years, huge efforts have been made within the Bar in England and Wales to open up the profession to a more diverse range of individuals, but there is still work to be done.
Here Emily Windsor, a barrister for Falcon Chambers explains.
The Bar Standards Board’s Diversity at the Bar Survey
According to the Bar Standards Board’s most recent Diversity at the Bar Survey, published in January 2024, women constituted 40.6% of the Bar, compared to an estimated 50.2% of the UK working age population. And there appeared to be a much larger disparity between the proportion of the Bar who are female (40.6%) and the proportion of KCs who are female (20.3%).
On ethnicity, the percentage of barristers from minority ethnic backgrounds had increased since December 2022 to 16.9%. That compares favourably with the estimated of 16.7% of the working age population from minority ethnic backgrounds in England and Wales as of April-June 2023. However, there was still a marked disparity between the overall percentage of barristers from minority ethnic backgrounds across the profession (16.9%), and the percentage of KCs (10.7%) from minority ethnic backgrounds; the disparity is slowly reducing over time, but at too slow a pace. Moreover, significant disparities for those from Black/Black British backgrounds were also unearthed.
Disabled practitioners continue to be underrepresented at the Bar. 8.2% of respondents who provided information on disability status disclosed a disability, as compared to the estimate of 16.5% for the employed working age UK population with a declared disability as defined by the Equality Act 2010.
The evidence in relation to age was more positive, with the BSB reporting that 25.4% of the the Bar are aged 55+, which compares well with the 14.8% of the Bar aged 55+ in the first Diversity at the Bar Report in 2015.
But there is still work to be done on socio-economic groupings. The data suggests that a disproportionately high percentage of barristers attended a UK independent school. 19.4% of the Bar had attended an independent school, compared to approximately 9.8% of young full-time first degree entrants in the UK in 2020/21.
Steps already taken
The Bar has already put in a considerable amount of work into improving access to the profession.
Until recently, the financial costs of qualifying as a barrister were high, with the expense of obtaining a law degree, followed by bar school, placing the profession beyond reach for some talented individuals. However, Emily Windsor points to recent changes to qualification routes, which have made the process more affordable and flexible. There is now more opportunity to participate online, part-time, in staggered phases, nearer home, and at a lower cost.
In particular, as a result of major changes to the Bar’s professional qualifications, the average cost per Bar training student (adjusted for inflation) has been reduced by £4,700.
Emily Windsor notes, “Bar School used to be very expensive. The qualification route has now been split up, and there are elements of the qualifications you can study for by yourself. These changes enable candidates to balance their studies with other commitments, such as work or family responsibilities, and reduce the amount of time that students have to pay to live away from home.”
The rise of online resources has also democratised access to legal materials. Windsor praises this shift, observing, “Legal resources can be accessed by a far broader readership now. The web-based publishing systems have made law reports so much more accessible, and breathed new life into textbooks that were underused 20 years ago.”
Another issue, historically, was the issue of access to work experience. “Historically, some people managed to get work experience by contacting a family friend,” Emily Windsor explains. “But fortunately those days are long gone, and now barristers chambers operate fair and transparent recruitment procedures which are accessible to all.”
“In addition, there are now programmes which are specifically open to underrepresented groups, recognising that they might not apply through traditional schemes or might not get selected. Organisations like the Sutton Trust have played a pivotal role in this area, providing opportunities that were once out of reach for many,” Windsor explains. Schemes such as the Sutton Trust’s Pathways to Law programme demystify the profession while also offering skills workshops, invaluable mentorship and exposure to the realities of a career at the bar.
Emily Windsor herself is a strong advocate of mentoring, regularly supporting work experience students within her Chambers scheme, and providing them with perspective into the profession. “It’s encouraging when you see a student who you last met when they were 20 or 21, and considering a career at the Bar; and 10 years later, they have a fantastic career.”
Diversity and Retention
While much focus has been placed on recruiting individuals from diverse backgrounds, Emily Windsor stresses that retention and progression is equally critical. “It’s not only recruitment that we have to focus on, but also retention and progression,” she points out. The Bar must support practitioners who face challenges such as child care responsibilities, career breaks, or neurodiversity.
In practice, a number of recent developments should help with this. The profession has made strides in accommodating flexible working practices, particularly in the wake of the COVID-19 pandemic. Remote working and online meetings have provided barristers with greater flexibility, which Windsor sees as a positive development.
“Technology really helps,” she explains. “Now it’s perfectly possible to work from home for most of the time. You can access all of the relevant materials online, and advise clients and attend some hearings remotely. Essentially, for much of the time, you can take your business with you wherever you are.”
The Bar Council and the Bar’s specialist associations have also encouraged wellbeing and mentoring programmes, providing multiple routes to assistance at times when barristers are in need of support; and encouragement, and the necessary support, to those planning the next stage in their careers, such as taking silk.
Meanwhile, the Bar Standards Board is currently consulting on a proposed implementation of new rules to place a positive obligation on barristers to “act in a way that advances equality, diversity, and inclusion” when providing legal services”.
Emily Windsor sees all of these steps as very positive, and is hopeful that as a result of the vast amount of work that is going into this area, and the Bar’s determination to make the Bar fully inclusive, the next Diversity at the Bar survey should reflect ongoing progress.