When the BSB gets it wrong .... (Part 2)
The BSB’s Assessment Officer’s Decision Letter of 28th October 2020 concluded with the following:-
‘We appreciate that this may not be the response which you had expected from us. It may help if we explain that the BSB is a public interest regulator operating a risk-based approach to regulation. This means we act in the public interest rather than the interests of those we regulate or in the private interests of individuals who report their concerns to us. We have to direct our resources to the areas of greatest risk to the public interest and high-risk issues are given priority. When considering information provided to us concerning the conduct of a barrister we have to consider the issues raised in this context…. Although we are not taking further action at this time, your information is very important to us. It can be used, with reports from other sources, to identify trends and patterns of behaviour….’
Not content with the outcome of the assessment I issued a formal complaint in a letter (via email) to the BSB’s Director General, Mark Neale, dated 24th November 2020. Mr Neale promptly assured me that my complaint would be considered, and so it was.
In a 5 ½ page letter (largely outlining what I already knew about our complaint) dated 19th January 2021 the Head of Conduct Assessment wrote:-
‘The Independent Reviewer (IR) has recommended that the original decision to dismiss your case should be confirmed, and this matter will therefore remain closed… She appreciated that you considered the Barrister’s remarks about you and your wife disparaging. However, the Barrister was under a duty to promote her client’s case and the IR considered that putting forward arguments about the strength of a claim … even in trenchant terms – would not in itself amount to a breach of the Handbook…. There was nothing to suggest that (name deleted) had misled or attempted to mislead the court in continuing to advance her arguments, and nothing to suggest she was in breach of rC9.2 or any other provision of the Handbook in this respect. The IR therefore considered that the BSB’s conclusion on this issue was reasonable and appropriate.’
The letter concluded with the following odd message, particularly for those thinking of raising concerns with the BSB about members of the Bar:-
‘Even where, as here, a report does not lead to further action being taken, it is important for the BSB to receive information about concerns as this can lead to trends being identified which assist in the overall regulation of the profession and we are grateful to you for taking the time to write to us.’
6 februari 2021
Review zonder uitnodiging