The Bar Council for England and Wales (“the Bar Council”) has developed an app which can be used to report bullying and harassment by legal professionals.
However the app, which is called Talk To Spot, is only for barristers. The oversight raises serious questions about the lack of support for vulnerable parties in court proceedings.
The move comes after a report published by the International Bar Association (IBA) concluded that the legal profession “had a problem”, and that bullying and harassment were “widespread”.
A report produced by the Bar Council called Barristers’ Working Lives 2017: Harassment and bullying, also noted a sharp rise in incidents involving bullying and harassment by legal professionals in England and Wales, with 21% of barristers experiencing abuse and 30% of barristers observing abuse.
The latest observations by the IBA and the Bar Council raise serious concerns about how the legal profession’s bullying problem is affecting vulnerable individuals inside the court system.
Calls for parties going through the family courts to have a fast and efficient way of reporting abuse by legal professionals have been repeatedly ignored by the legal profession, despite a survey in which over 90% of respondents said they had been bullied by judges in family court hearings.
Family court users surveyed said that they had experienced the following abuse during their hearings:
- Belittling, humiliating and abusive comments to children and family members
- Behaviour that causes fear or terror
- Demeaning comments about a disabled parent’s disability
- Laughing at a parent’s question
- Cutting off and silencing parents and their solicitors as they try to make a point
- Unreasonable demands in court orders which a “good-enough” parent would not be able to comply with
- Constant criticism of a parent or family member
- Personal abuse for being unable to afford legal representation
- Being bullied into accepting orders
- Threats to remove children from parents before the hearing begins
- Explicitly favouring one parent over another
- Prejudging a case before it has concluded and bullying families into submission
Some incidents of judges bullying families received by this site have been added below:
“My son was humiliated by a female judge in Bolton family courts. She read out a letter supposedly from my granddaughter who at the time was just 9 years old saying she wanted to be called Daniel after the bloke her mother was with at the time. While reading the note out the judge smirked constantly, it was disgusting.”
“Judge [edited] verbally abused me in court. He ridiculed me in front of my husband who abused my children and I for 10 years… He couldn’t even get my son’s age correct. I felt humiliated and burst into tears on leaving court.”
“I was made to comply with impossible court orders. When I confessed that I couldn’t comply anymore during a hearing the judge got sarcastic and belittled me. I wish I could have been sarcastic back and asked him if he could have done the order he imposed on me, but of course I couldn’t treat him the same as he was treating me.”
“The judge wouldn’t allow me to speak about my concerns for my children’s safety, and cut my solicitor off at the middle of every sentence while trying to explain my side of the case. He belittled me and made me anxious at the fact my concerns weren’t been listened to and therefore my children’s thoughts weren’t been viewed or taken seriously.”
Earlier this year, a judge was also found guilty of bullying a mother into accepting care orders for her children. While the order was set aside, the judge faced no disciplinary action for what amounted to negligent practice.
Nevertheless, the Bar Council’s app is unlikely to deter abusive legal professionals or protect individuals from being abused.
While information published about the app suggests that the technology will actually report the abuse if submitted through the software, the app is actually no more than a recording device, allowing barristers to set down their experience and save it for later, should they wish to make a formal complaint.
Currently, complaints have to be submitted to the Bar Council manually, after filling out a report. At this point the filer would have to include their name and personal details, which most barristers are unwilling to do for fear that the complaint could affect their legal careers.
Families who experience abuse by judges and other legal professionals are also fearful that making a complaint could affect their cases, making the idea of an app which only records events almost redundant.
Judicial bullying and harassment at the hands of legal professionals can only be stopped by addressing the working culture of these environments and ensuring that a zero tolerance policy on bullying and abuse is in place.
The app itself is an enormous waste of money, which could have been better spent elsewhere.
I was bullied by judge [edited] @ Wolverhampton family courts
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You will get bullied in the family courts if you don’t have a Lawyer fact!!!
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This is so unacceptable. Is bar Council dumb to understand that more than half of the victims are unrepresented and out of other half not every hearing is represented by barristers. The unrepresented victims are more vulnerable due to self representation, not knowledgeable of law terms used, speaking straightforward things in court which makes them look stupid and then subjected to unfair treatment in family court.
What is meant by using this app only by barristers? Where rest of the higher vulnerable victims approach? Can bar Council answer this I challenge? This is only way of showing themselves good but getting rid of pressure.
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Totally indicative of the bias in family courts. “Not only must justice be done but must be seen to be done” The scales of justice? Where is the balance? Certainly not for families. There is no justice in family courts. It’s a conveyor belt to remove children, on “the balance of probabilities”
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Secret courts * this will continue until they are held accountable
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it would seem any advantages are only in the best interests of so-called professionals.
how disgraceful.
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