Annex A

Diversity Data

This paper outlines all the data that is currently available from the Bar Standards Board on the diversity of the barrister profession. The research department has prepared this. The data sources are from surveys and the membership records of the Bar. No one data source provides all the monitoring data on the Bar and each data source has advantages and limitations, which have been explained below.

1.Data sources

1.1 The Core database 2012

The monitoring data collected on the Bar was obtained through the Bar Council’s online authorisation to practise system. When renewing their practising certificate, the online system included a section, which allowed barristers to input their diversity, and monitoring data, which automatically populates the ‘core database’. However the rate of completion of equality and diversity monitoring data in the first year was very low. After the practicing certificate renewal period was over an additional email, inviting barristers to log into the online system and complete their diversity monitoring data, was sent to the profession. However completion rates remained low, with about 5% of the Bar completing their monitoring information (this varies slightly for individual monitoring strands, as each question was voluntary and so some could be left blank if desired). Barristers can access the authorisation to practise system at any time and update their diversity monitoring information. The diversity monitoring information from the Core database was extracted in August 2012.

Data on gender, ethnicity, age and disability that had previously been collected by the Bar Council records department and was available in the old database was transferred to the core database to supplement the new monitoring data. The presentation of this data includes ‘unknown’ as a category.

For those protected characteristics for which monitoring data has not been previously collected, data from the Survey of the Bar (2011) and the pupillage supplementary survey (2010/11) has been used to supplement the data collected in the core database in 2012.

These surveys have been used to complement the data extracted from the Core database as the data from the Core database is not considered reliable for monitoring purposes. This is because of the low completion rate and because those who have completed this are not representative of the Bar. As the whole Bar was invited to complete their monitoring data, those who did so were self-selecting. In comparison to this, with the Survey of the Bar (2011) a sample was used which means that even though the whole Bar did not complete it, the sample ensured that the profile of those who did complete it were representative of the Bar.

1.2 The Biennial Survey of the Bar 2011

The Survey of the Bar was undertaken in 2011. The survey was sent to a sample of 8,000 barristers (approximately half the barrister population). The sample was analysed against certain characteristics such as employment status, gender, QC status, age and year of Call, in order to ensure that the survey was representative of the barrister population.

There were 2,965 responses to this survey. This is a response rate of 37% and the results of this survey can therefore be generalised to the entire Barrister population with confidence levels of 0.7% to 1.6%. This means that if 57% of barristers in the Survey of the Bar said they attended a state school, we can generalise this result to whole Bar with confidence that 58% +/- 1.6% or 55.4% to 58.6% of all barristers attended a state school. The percentages of the profession reporting various monitoring strands in the Survey of the Bar omit non-responses to individual questions, therefore ‘unknown’ responses cannot be included in the presentation of monitoring information from this report.

1.3 The pupillage supplementary survey 2010/11

The pupillage supplementary survey is conducted annually and is administered continuously throughout the year. The survey is distributed to pupils with their pupillage registration forms and the response rate has been consistently high. The ‘pupillage year’ typically follows the format of the academic year, which is why the survey runs through 2010 and 2011. The survey was distributed to 446 pupils and 444 pupils responded throughout 2010/11, which is a response rate of 99.5%. This means that although this information was collected through a survey, the confidence intervals for this data are zero. This means that if 58% of pupils in this survey say they attended a state school, we can be confidence that 58% of pupils attended a state school in the whole pupillage population as the whole pupillage population completed the survey. Non-responses to individual questions are shown on the presentation of data. There were two protected characteristics for which ‘unknowns’ were particularly high. These were ‘religion or belief’ and ‘sexual orientation’; this was partly due to an administrative error where the paper version of this survey was distributed without these questions. Therefore it is anticipated that these protected characteristics will have a higher completion rate this year.

2.Protected characteristics

2.1 Gender

The table below shows the numbers of female and male QCs, practising barristers and pupils. This data was taken from the core database.

Table 1 Core database: Gender of the Bar (numbers)

Gender by Seniority / Female / Male / Unknown / Total
QC / 192 / 1,356 / 1548
Practicing Bar / 5,070 / 8,588 / 3 / 13661
Pupil / 198 / 225 / 4 / 427
Totals / 5,460 / 10,169 / 7 / 15636

The graph below shows the percentages of female and male QCs, practising barristers and pupils. This data was taken from the core database.

Graph 1 Core database: Gender of the Bar (percentages)

2.2 Ethnicity

The table below shows the numbers of white and BME QCs, practising barristers and pupils. This data was taken from the core database.

Table 2 Core database: Ethnicity of the Bar (numbers)

Ethnicity by Seniority / White / BME / Unknown / Total
Practicing Bar / 10,416 / 1,483 / 1,762 / 13,661
QC / 1,404 / 82 / 60 / 1,546
Pupil / 341 / 60 / 24 / 425
Total / 12,161 / 1,625 / 1,846 / 15,632

The graph below shows the percentages of white and BME QCs, practising barristers and pupils. This data was taken from the core database.

Graph 2 Core database: Ethnicity of the Bar (percentages)

Detailed ethnicity

The table below shows the numbers of white and BME QCs, practising barristers and pupils. This shows a detailed breakdown of the white and BME categories as used in the census categories. This data was taken from the core database.

Table 3 Core database: detailed breakdown on ethnicity (numbers)

Ethnicity by Seniority / Practicing Bar / QC / Pupil / Whole Bar
English/Welsh/Scottish/Northern Irish/British / 9,821 / 1,363 / 308 / 11,492
White Irish / 240 / 15 / 12 / 267
Any other White background / 355 / 25 / 21 / 401
Gypsy or Irish Traveller / 1 / 1
White and Black Caribbean / 33 / 1 / 3 / 37
White and Black African / 24 / 24
White and Asian / 75 / 7 / 6 / 88
Any other mixed/multiple background / 84 / 5 / 13 / 102
Caribbean / 158 / 6 / 6 / 170
African / 167 / 5 / 6 / 178
Any other Black background / 45 / 4 / 2 / 51
Indian / 349 / 21 / 7 / 377
Pakistani / 175 / 10 / 4 / 189
Bangladeshi / 59 / 1 / 3 / 63
Any other Asian background / 118 / 3 / 6 / 127
Chinese / 52 / 2 / 3 / 57
Arab / 0 / 0 / 0 / 0
Any other / 144 / 17 / 1 / 162
No Information / 1,762 / 60 / 24 / 1,846
Total / 13,661 / 1,546 / 425 / 15,632

The table below shows the percentages of white and BME QCs, practising barristers and pupils. This shows a detailed breakdown of the white and BME categories as used in the census categories. This data was taken from the core database.

Table 5 Core database: detailed breakdown on ethnicity (percentages)

Ethnicity by Seniority / QC / Practicing Bar / Pupil / Whole Bar
English/Welsh/Scottish/Northern Irish/British / 88.2 / 71.9 / 72.5 / 73.5
White Irish / 1.0 / 1.8 / 2.8 / 1.7
Any other White background / 1.6 / 2.6 / 4.9 / 2.6
Gypsy or Irish Traveller / 0.1 / 0.0 / 0.0 / 0.0
White and Black Caribbean / 0.1 / 0.2 / 0.7 / 0.2
White and Black African / 0.0 / 0.2 / 0.0 / 0.2
White and Asian / 0.5 / 0.5 / 1.4 / 0.6
Any other mixed/multiple background / 0.3 / 0.6 / 3.1 / 0.7
Caribbean / 0.4 / 1.2 / 1.4 / 1.1
African / 0.3 / 1.2 / 1.4 / 1.1
Any other Black background / 0.3 / 0.3 / 0.5 / 0.3
Indian / 1.4 / 2.6 / 1.6 / 2.4
Pakistani / 0.6 / 1.3 / 0.9 / 1.2
Bangladeshi / 0.1 / 0.4 / 0.7 / 0.4
Any other Asian background / 0.2 / 0.9 / 1.4 / 0.8
Chinese / 0.1 / 0.4 / 0.7 / 0.4
Arab / 0.0 / 0.0 / 0.0 / 0.0
Any other / 1.1 / 1.1 / 0.2 / 1.0
No Information / 3.9 / 12.9 / 5.6 / 11.8
Totals / 100 / 100 / 100 / 100

The graph below shows a detailed breakdown in percentages of BME QCs, practising barristers and pupils. This data was taken from the core database.

Graph 3 Core database: detailed breakdown on BME ethnicity (percentages)

The graph below shows a detailed breakdown in percentages of white QCs, practising barristers and pupils. This data was taken from the core database.

Graph 4 Core database: detailed breakdown on white ethnicity (percentages)

2.3 Disability

The table below shows the numbers of QCs, practising barristers and pupils who reported whether or not they had a disability. This data was taken from the core database.

Table 5 Core database: disabled practitioners at the Bar (numbers)

Disability by Seniority / No / Yes / Unknown / Total
Practicing Bar / 706 / 102 / 12,853 / 13,661
QC / 43 / 6 / 1,499 / 1,548
Pupil / 6 / 0 / 421 / 427
Whole Bar / 755 / 108 / 14,773 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported whether or not they had a disability. This data was taken from the core database.

Table 6 Core database: disability of the Bar (percentages)

Disability by Seniority / No / Yes / Unknown / Total
Practicing Bar / 5.2 / 0.7 / 94.1 / 100.0
QC / 2.8 / 0.4 / 96.8 / 100.0
Pupil / 1.4 / 0.0 / 98.6 / 100.0
Whole Bar / 4.8 / 0.7 / 94.5 / 100.0

The graph below shows the percentages of barristers (the practising Bar including QCs and excluding pupils) who reported having a disability in response to the question ‘Are your day-today-activities limited because of a health problem or disability that has expected to last for at least a year?’ This data was taken from the Survey of the Bar which was conducted in 2011.

Graph 5 Survey of the Bar: disability of the Bar (percentages)

The graph below shows the percentages of pupils who reported having a disability in response to the question ‘Do you consider yourself to have a disability as described in The Equality Act 2010?’ This included a definition of disability as described in the Equality Act. This data was taken from the Pupillage Supplementary Survey which was conducted in 2010/11.

Graph 6 Pupillage Supplementary Survey: disability of the Bar (percentages)

2.4Age

The table below shows the numbers of QCs, practising barristers and pupils who reported their age. This data was taken from the core database.

Table 6 Core database: age of practitioners at the Bar(numbers)

Under 25 / 25-34 / 35-44 / 45-54 / 55-64 / 65+ / Unknown / Total
QC / 0 / 122 / 336 / 85 / 30 / 975 / 1,548
Practicing Bar / 15 / 3,054 / 4,444 / 2,610 / 746 / 160 / 2,632 / 13,661
Pupil / 52 / 325 / 17 / 8 / 1 / 1 / 23 / 427
Whole Bar / 67 / 3,379 / 4,583 / 2,954 / 832 / 191 / 3,630 / 15,636

The graph below shows the percentages of QCs, practising barristers and pupils who reported their age. This data was taken from the core database.

Graph 7 Core database: age of the Bar (percentages)

2.5 Religion

The table below shows the numbers of QCs, practising barristers and pupils who reported their religion or belief. This data was taken from the core database.

Table 7 Core database: religion/belief of practitioners at the Bar (numbers)

Religion or Belief by Seniority / Practicing Bar / QC / Pupil / Whole Bar
Agnostic / 62 / 2 / 0 / 64
Buddhist / 4 / 4
Christian / 362 / 22 / 3 / 387
Hindu / 13 / 0 / 13
Jewish / 34 / 10 / 1 / 45
Muslim / 33 / 1 / 0 / 34
No religion / 163 / 6 / 2 / 171
Other / 13 / 0 / 13
Sikh / 11 / 0 / 11
Unknown / 12,966 / 1,507 / 421 / 14,894
Total / 13,661 / 1,548 / 427 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported their religion. This data was taken from the core database.

Table 8 Core database: religion/beliefs of the Bar (percentages)

Religion or Belief by Seniority / Practicing Bar / QC / Pupil / Whole Bar
Agnostic / 0.5 / 0.1 / 0 / 0.4
Buddhist / 0 / 0 / 0 / 0
Christian / 2.6 / 1.4 / 0.7 / 2.5
Hindu / 0.1 / 0 / 0 / 0.1
Jewish / 0.2 / 0.6 / 0.2 / 0.3
Muslim / 0.2 / 0.1 / 0 / 0.2
No religion / 1.2 / 0.4 / 0.5 / 1.1
Other / 0.1 / 0 / 0 / 0.1
Sikh / 0.1 / 0 / 0 / 0.1
Unknown / 94.9 / 97.4 / 98.6 / 95.3
Total / 100 / 100 / 100 / 100

The graph below shows the percentages of barristers (the practising Bar including QCs and excluding pupils) who reported their religion in response to the question ‘What is your religion?’ The response categories offered were those in the 2011 census.’ This data was taken from the Survey of the Bar that was conducted in 2011

Graph 8 – Survey of the Bar: Religion of practitioners at the Bar (percentages)

The graph below shows the percentages of pupils who reported their religion/belief in response to the question ‘What is your religion or belief?’ The response categories offered were those used in the 2011 census. This data was taken from the Pupillage Supplementary Survey, which was conducted in 2010/11. There is a high proportion of missing data as the paper version omitted this question due to an administrative error.

Graph 9 Pupillage Supplementary Survey: Religion/belief of pupils at the Bar (percentages)

2.6Sexual Orientation

The table below shows the numbers of QCs, practising barristers and pupils who reported their sexual orientation. This data was taken from the core database.

Table 9 Core database: Sexual orientation of practitioners at the Bar (numbers)

QC / Practicing Bar / Pupil / Whole Bar
Bisexual / 0 / 15 / 0 / 15
Gay Man / 2 / 23 / 25
Gay Woman / Lesbian / 8 / 1 / 9
Heterosexual / Straight / 41 / 641 / 5 / 687
Other / 0 / 5 / 0 / 5
Unknown / 1,505 / 12,969 / 421 / 14,895
Total number / 1,548 / 13,661 / 427 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported their sexual orientation. This data was taken from the core database.

Table 10 Core database: Sexual orientation of the Bar (percentages)

QC / Practicing Bar / Pupil / Whole Bar
Bisexual / 0 / 0.1 / 0 / 0.1
Gay Man / 0.1 / 0.2 / 0 / 0.2
Gay Woman / Lesbian / 0 / 0.1 / 0.2 / 0.1
Heterosexual / Straight / 2.6 / 4.7 / 1.2 / 4.4
Other / 0 / 0 / 0 / 0
Unknown / 97.2 / 94.9 / 98.6 / 95.3
Total Percentage / 100 / 100 / 100 / 100

The graph below shows the percentages of barristers (the practising Bar including QCs and excluding pupils) who reported their sexual orientation in the Survey of the Bar which was conducted in 2011.

Graph 8 – Survey of the Bar: Sexual orientation of the Bar (percentages)

The graph below shows the percentages of pupils who reported their sexual orientation in the Pupillage Supplementary Survey, which was conducted in 2010/2011.

Graph 8 –Pupillage Supplementary Survey: Sexual orientation of the Bar (percentages)

2.7Social class

There is no universally recommended way of gathering data on social class. This varies depending on the type of profession and traditional entry routes into a given profession. For the Bar, the Bar Council has concentrated on educational background as the main way of defining a barrister’s social class, however the questions and categories vary slightly depending on the data source.

2.7.1 Type of school attended

The table below shows the numbers of QCs, practising barristers and pupils who reported the type of school they attended. This data was taken from the core database.

Table 11 Core database: Type of school attended (numbers)

Type of School by Seniority / Attended School outside the UK / Fee paying / State / Unknown / Total
Practicing Bar / 9 / 82 / 119 / 13,451 / 13,661
QC / 1 / 12 / 5 / 1,530 / 1,548
Pupil / 2 / 4 / 421 / 427
Whole Bar / 10 / 96 / 128 / 15,402 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported the type of school they attended. This data was taken from the core database.

Table 12 Core database: Type of school attended (percentages)

Type of School by Seniority / Attended School outside the UK / Fee paying / State / Unknown / Total
Practicing Bar / 0.1 / 0.5 / 0.8 / 86.0 / 100.0
QC / 0.1 / 0.8 / 0.3 / 98.8 / 100.0
Pupil / 0.0 / 0.5 / 0.9 / 98.6 / 100.0
Whole Bar / 0.1 / 0.6 / 0.8 / 98.5 / 100.0

The graph below shows the percentages of barristers (the practising Bar including QCs and excluding pupils) who reported the type of school they attended in the Survey of the Bar which was conducted in 2011.

Graph 9 – Survey of the Bar: Type of school attended (percentages)

The graph below shows the percentages of pupils who reported the type of school they attended in the Pupillage Supplementary Survey which was conducted in 2010/2011.

Graph 10 Pupillage Supplementary Survey: Type of school attended (percentages)

2.7.2First generation in family to attend to university

The table below shows the numbers of QCs, practising barristers and pupils who reported the type of school they attended. This data was taken from the core database.

Table 11 Core database: First generation to attend university (numbers)

First generation to attend university by seniority / Did not attend university / No / Yes / Unknown / Total
QC / 1 / 4 / 4 / 1,539 / 1,548
Practicing Bar / 1 / 48 / 53 / 13,559 / 13,661
Pupil / 2 / 2 / 423 / 427
Whole Bar / 2 / 54 / 59 / 15,521 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported the type of school they attended. This data was taken from the core database.

Table 12 Core database: First generation to attend university (percentages)

First generation to attend university by seniority / Did not attend university / No / Yes / Unknown / Total
QC / 0.1 / 0.3 / 0.3 / 99.4 / 100.0
Practicing Bar / 0.0 / 0.3 / 0.3 / 86.7 / 100.0
Pupil / 0.0 / 0.5 / 0.5 / 99.1 / 100.0
Whole Bar / 0.0 / 0.3 / 0.4 / 99.3 / 100.0

2.8 Caring responsibilities

The data categories on caring responsibilities vary slightly between data sources.

2.8.1 Care of children

The table below shows the numbers of QCs, practising barristers and pupils who reported having caring responsibilities for children. This data was taken from the core database.

Table 13 Core database: Responsibility for the care of children (numbers)

Responsibility for the care of children by seniority / No / Yes / Unknown / Total
Practicing Bar / 298 / 151 / 13,212 / 13,661
QC / 23 / 6 / 1,519 / 1,548
Pupil / 6 / 421 / 427
Whole Bar / 327 / 157 / 15,152 / 15,636

The table below shows the percentages of QCs, practising barristers and pupils who reported having caring responsibilities for children. This data was taken from the core database.

Table 14 Core database: Caring responsibilities for children (percentages)

Responsibility for the care of children by seniority / No / Yes / Unknown / Total
Practicing Bar / 2 / 1 / 97 / 100
QC / 1 / 0 / 98 / 100
Pupil / 1 / 0 / 99 / 100
Whole Bar / 2 / 1 / 97 / 100

The graph below shows the percentage of the practising Bar (the practising Bar including QCs and excluding pupils) who reported having a dependent child or children living with them. This data was taken from the Survey of the Bar which was conducted in 2011.

Graph 11 Survey of the Bar: Living with dependent children (percentages)

Respondents to the Survey of the Bar who had a dependent child or children living with them were then asked who in their household is mainly responsible for the childcare. The percentage of the practising Bar who have dependent children who are responsible for child care, who share it and for whom someone else is responsible is shown on the graph below.