SRA accused of institutional racism
The Solicitors Regulation Authority (SRA) has laid itself open to the charge of being institutionally racist, an independent report by the former head of the Commission for Racial Equality Lord Ouseley has found.
The report found that the regulatory body has been discriminating against black and minority ethnic (BME) lawyers and subjecting them to potentially damaging investigations. According to the report, firms whose lawyers are predominantly African and Caribbean are six times more likely to be closed down than those whose lawyers are mainly white. Firms of predominantly Asian lawyers are three times more likely to be closed down.
Society of Black Lawyers chair Peter Herbert said white, middle class city firms were enjoying almost complete immunity from SRA inquiries, investigations and disciplinary sanctions.
“This level of institutional racism seriously undermines the principle of equal access to justice for all,” said Herbert. “This is as serious for the legal profession as the inquiry into the police investigation of the racist murder of Stephen Lawrence was for the Metropolitan Police Service.”
In the report Ouseley claims that the SRA’s staff stereotype BME lawyers and assume them guilty of misconduct before beginning to investigate complaints against them.
The report said: “Without the missing leadership emphasis, management at all levels will continue to regard the commitment to equality and diversity as superficial, tokenistic and unimportant.
“Potentially this still leaves the SRA open to the charge of institutional racism, as its policies, procedures, practices and actions, however unintended, can be seen to have disproportionate detrimental and discriminatory outcomes for BME solicitors.”
Society of Asian Lawyers chair Sundeep Bhatia said the report demonstrates that the SRA has not learnt the lessons of a 2006 initial impact assessment and continues to disproportionally target BME lawyers and solicitors in all facets of its regulatory work.
“The SRA appears to be incapable of putting its own house in order,” said Bhatia. “Token lip service to equality and diversity is not the way to dispel allegations of institutional racism. Radical root reform is required as a matter of urgency.”
Anesta Weekes QC, who chairs an SRA’s working party that looks into the impact of the regulatory body’s decisions on BME solicitors, said Ouseley’s report marked the important first stage in the process of dealing with disproportionate regulation of minority ethnics.
“The finding that there are approximately some 1,700 complaints against small firms or sole practitioners is very worrying, because a high proportion of BME solicitors are concentrated in this category,” said Weekes. “Urgent analysis needs to be carried out on the application of risk assessment of small firms and the perception that small complaints escalate into more serious matters once the SRA become involved.”
The report was commissioned by Society of Black Lawyers, the Society of Asian Lawyers, the Association of Muslim Lawyers and the Black Solicitors Network following pressure from justice minister Bridgette Prentice and the Home Affairs select committee chair Keith Vaz.
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Readers' comments (31)
White English Male Solicitor with no card to play | 20-Aug-2008 3:12 pm
Race card???
Here we go again. It's the "racism industry bingo" game............... "Stephen Lawrence" CHECK "Insitutional racism" CHECK "Equality and diversity" CHECK "Stereotype" CHECK "not learnt the lessons"........ BINGO!! Maybe I should set up a "Society of White Lawyers" and see how long I keep my job.
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SCM | 20-Aug-2008 3:38 pm
Re the above
Unless there are any claims that the firms were facing trumped up charges, perhaps the thought police should wind their necks in.
"The finding that there are approximately some 1,700 complaints against small firms or sole practitioners is very worrying, because a high proportion of BME solicitors are concentrated in this category," said Weekes.
How is this relevant at all? Are we not investigating these complaints then? I would like the chairman of the Society for White Solicitors to launch an investigation into how much time and money are wasted by racial equality groups trying to justify their own existence.
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MX | 20-Aug-2008 3:44 pm
Wakey-wakey
Where have you been, you innocents? The entire, white-dominated English legal establishment is racist - in that sense, it's perfectly representative of white English society, and no amount of regulation will ever change that.
There are just far too many convenient ways for racists to discriminate against minorities while hiding such discrimination behind the veil of some ostensibly legitimate pretext.
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MC Associate | 20-Aug-2008 5:14 pm
PC gone mad
Can't possibly be because of tinpot little law firms cocking up can it? Nope - must be racism...
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SCM | 20-Aug-2008 5:32 pm
re wakey wakey
MX-an evenly balanced view. A chip on both shoulders.
You should apply for a place on the board of the Society of Black Lawyers, they'd love you for that.
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Urbane worrier | 20-Aug-2008 7:44 pm
What about non-BEM small firms?
Are there any comparative statistics between SRA investigations into small BME firms and SRA investigations into small non-BME? If the answer is just that small firms get a higher level of scrutiny (regardless of race) because of a perception that there are greater risks at this end of the market and/or that the stats for SRA investigations track those for complaints from the public, then that doesn't sound terribly racist to me. The size of firm which BME lawyers (or indeed any other lawyers) choose to work is a matter for the lawyers themselves not the SRA.
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Solicitor | 20-Aug-2008 9:20 pm
Not racist - just incompetent
I am white and run a small solicitors practice. I was told that my practice was the subject of a SRA monitoring visit on an entirely random basis.
Later I read that the SRA have targeted small practices. Have I misunderstood the meaning of random?
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Ian Mainman | 21-Aug-2008 10:16 am
SRA
Once upon a time I seem to remember an institution called the Law Society. Maybe some of your readers will have similar recollections. Not sure if it still active or what it is supposed to do now but its splendid building on Chancery Lane does provide a very competitively priced cup of tea. Maybe, just maybe, the old institution could be given the job of looking after the interests of the members of the profession and protecting them against the SRA and or anyone who is to regulate the SRA . Radical idea but it might catch on.
I have often wondered if there was any support out there for the formation of a Solicitors Defense Union or some such thing owned and operated by solicitors for the benefit and protection of solicitors. Is there ?? If you don’t like the name maybe we could call it the New Law Society . We shall see.
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Kariuki Onyango | 21-Aug-2008 5:46 pm
SRA
Yes, the SRA are definitely racist, as are all the major law firms in London. One has only to look at the low level or non-existence of coloured people in these firms and institutions. In my opinion, the entire UK legal sector is racist. Will people never learn... :(
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Anonymous | 23-Aug-2008 2:16 am
Institutional Racism
Many BME Lawyers have been aware for a very long time about racism in the Legal Profession but have kept quiet for fear that it could affect their careers. Bravo to Ouseley's report for speaking up on behalf of the silent thousands, For those who have never experienced institutional racism you can nonchalantly say "race card" or "chip on the shoulder". This only belittles a real problem that should be addressed for the benefit of all in the profession.
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