LSB proposes a new evidence-based policy to address persistent diversity gaps in the profession
The Legal Services Board has set out a proposed new policy aimed at increasing equality and diversity across the legal profession, warning that progress so far has been slow, uneven and not sufficiently supported by robust regulatory action. The oversight regulator said safeguarding the well-being of those facing enforcement action should be treated as part of regulators’ wider responsibilities to support a diverse profession.
In a policy statement published for consultation, the LSB said regulators must ensure that their approaches, decision-making and enforcement activity do not unintentionally reinforce bias or undermine diversity. It stressed that achieving this would require stronger equality impact assessments, consistent anti-bias controls and continuous monitoring of regulatory processes.
The proposed policy would replace the LSB’s existing guidance and sits under the Legal Services Act 2007, which identifies encouraging a diverse profession as a core regulatory objective. The LSB said the case for updating its approach is shaped by continuing evidence of diversity gaps and barriers, as well as the potential benefits of effectively utilising a more diverse profession for consumers and the wider economy. It added that although regulators increasingly recognise their role, many actions to date have been isolated, not well evaluated and too slow to achieve meaningful change.
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The draft statement outlines four outcomes that all regulators would be expected to meet. Each outcome contains core expectations and additional enhanced expectations for regulators to consider. The first outcome focuses on strategic, evidence-based and collaborative action. This would require high-quality diversity data monitoring, research to identify barriers and the publication of strategic action plans with measurable objectives. The LSB emphasised that collaboration between regulators was essential to harmonise data and share effective practices.
The second outcome concerns fair regulatory approaches and decision-making. All expectations under this heading are classified as core. Regulators would need to ensure that equality considerations are embedded in regulatory policies, produce equality impact assessments during consultations and support fair disciplinary processes through data analysis, training and remedial measures. Safeguarding the well-being of those involved in enforcement is also identified as a requirement.
The LSB noted concerns about the overrepresentation of certain groups within disciplinary processes and proposed enhanced training to support fairer outcomes. This includes vulnerable witness training and trauma-informed practice for panel members, staff and others engaged in decision-making.
The third outcome centres on ensuring qualification routes and training standards are accessible, flexible and inclusive. Regulators would be expected to publish clear information on costs and outcomes and consider how firms might be encouraged to offer inclusive training and work experience.
The final outcome focuses on professional conduct and competence. Regulators would need to embed duties in codes of conduct that prevent discrimination and promote respect, supported by competence frameworks requiring continued development in equality and inclusion. Managers would also face additional conduct standards aimed at cultivating healthy workplace cultures. Enhanced expectations include encouraging firms to adopt inclusive leadership and strategic diversity plans.
LSB interim chair Catherine Brown said progress in dismantling barriers remained uneven and that continuing disparities represented lost potential and barriers to justice, limiting the profession’s ability to serve the public effectively.