The new Chair of the Bar of England and Wales, Barbara Mills KC, set out her priorities for 2025 in an inaugural address at Inner Temple Hall on Wednesday (8 January): raising the profile of the family Bar (including in relation to tackling violence against women and girls), enhancing the wellbeing of the profession, making further strides on equality, diversity and inclusion (EDI), and continuing to press for the resources needed to restore the justice system.
Barbara Mills KC is the first specialist family practitioner in the role of Chair of the Bar since Sir Robert Johnson in 1988. Barbara will use her position to raise the profile of the family Bar and call for greater investment in family justice. She said:
“The family courts hear cases dealing with all aspects of human existence. They attempt to bring order to chaotic lives… The family courts are, it could be said, the courts of life itself, touching us all, and, as such they have work to do for society…
“It is now time to proclaim why family justice needs attention, and to be clear, this is a request for investment that can both save money and grow the economy…
“Lack of access to legal advice, whether through legal aid or otherwise, has swollen to the point at which, at times, neither party is represented in as many as 40% of family dispute cases… This results in serious dis-function in our justice system – cost, delay, injustice, fear, uncertainty and lives put on hold are the bitter fruits of under-investment.
“The Bar Council has long warned of these strains on the justice system, across the civil and criminal courts, and made the case that investing in justice both saves as well as grows the economy in the long term. I am hopeful that, even in these cash-strapped times, Ministers are beginning to get the message and the early signs from this relatively new government are encouraging with the announcements of new funding for criminal legal aid for solicitors and the promise of additional funding for the housing and immigration sectors.
“We continue to make the case, across criminal and civil legal aid, and we are waiting to see what funds will be made available to family justice this year.”
Tackling violence against women and girls
Barbara set out why the government must look to family law to meet its mission of halving violence against women and girls (VAWG). She called on the government to “fund the family courts and end the horrific roll call of violence against women” and said:
“An effective and properly funded family court system should be front and centre of hitting that target [of halving violence against women and girls] and that is plain when you look at some of the data.
“In the latest Femicide Census (2021) of the 147 women killed, 78 were killed by a current or former partner and over half occurred as the women were taking steps to leave the relationship. And at least 40% of private children cases in the family courts involve allegations of domestic abuse.”
Barbara urged the government to provide a clear definition of VAWG, “one that encompasses all forms of violence and harmful practices specifically aimed at women and girls” and to recognise that VAWG is preventable “so that policies extend beyond reactive measures to incorporate prevention and early intervention strategies”.
She said: “The family courts are ideally placed to tackle VAWG – but they will need effective and sustained investment. At the very least, every complainant and every alleged perpetrator should have access to legal advice and representation in the family court.”
Barbara proposed a package of measures to enhance the approach to VAWG, including specialised domestic abuse and child abuse support and assessment services, trauma-informed measures (including installing screens in all court buildings and providing trauma-awareness training for Cafcass officers and case progression officers), and the rollout of the Pathfinder courts piloted in Wales, Bournemouth and Birmingham.
Wellbeing of the profession
On wellbeing Barbara noted that the “work that we do as barristers is intense and highly pressured” and that vicarious trauma is now known as an issue experienced by members of the profession. This year she will work on new ideas to bring wellbeing, coaching and supervision into regular practice:
“What I would like to see in the profession is wellbeing losing its stigma as a sign of weakness and elevated to the same non-negotiable level as having an accountant or having insurance.
“I do not doubt that there is considerable interest in this idea of proactive coaching across the Bar. The benefits can be transformative. My intention is not to reinvent the wheel but to build on the fantastic work that the Bar has done in relation to wellbeing over the last 10 years. I am very grateful to Charlotte May KC who has agreed to chair a working group to explore and pilot some of the options.”
Next steps on equality, diveristy and inclusion
On equality, diversity and inclusion (EDI) Barbara recognised the link between wellbeing and inclusion and in 2025, “I will focus on the 3 As – greater awareness, acceptance and action.”
She set out a desire to work across the profession on EDI issues:
“All individuals who work at the Bar should be treated fairly, regardless of their background and protected characteristics. So here is my invitation to all who disagree with me on EDI. If you are serious and ready to bridge the gap between us, if you are prepared to have respectful dialogue backed by evidence, then my virtual and real doors are open. Please don’t sit behind your screen and only put your thoughts on social media. This is too nuanced and important. Come and talk to me.
“Talking alone is not enough. The actions I will take will focus on what we know from the Wellbeing report about bullying and harassment, the Young Bar and the earnings disparity and finally the employed Bar.”
Justice system in need of repair
On the need for urgent investment in the whole justice system Barbara is “the latest in a line of Chairs inheriting a justice system in need of repair”. She said: “Record backlogs in courts across jurisdictions, delays across the system with people having to wait years for their day in court, undermining trust and confidence. Legal aid unavailable despite the increasing number of people who need it. A criminal justice system at breaking point after over a decade of neglect and insufficient resources.
“I know that the publicly funded Bar is disillusioned and exhausted. They are working harder than ever, doing work that is demanding and often unpaid…
“In our manifesto for justice last year, we called for a Royal Commission on the criminal justice system – recognising that real change needs cross-party political support. So, we are pleased to be engaging closely with the Gauke review of sentencing and the Leveson review of criminal justice, and we’ll be highlighting the Bar’s position and perspective on both.”
On pro bono work at the Bar, she said: “Despite the cuts across the civil justice system, barristers have continued to step up and plug the gaps wherever possible. Pro bono work exemplifies the Bar's integrity. The cost-of-living crisis has driven record demand for the services of our pro bono partners, Advocate and the Free Representation Unit. I thank them for the work they do but the system must not rely on that goodwill.”