The Direct Access scheme, formally known as the Public Access scheme, did not come about overnight. It was the result of a deliberate policy decision by the Bar Standards Board to open up access to specialist barrister expertise to members of the public. Understanding the history and regulation of the scheme helps you understand the protections it provides.
Before 2004, barristers could only be instructed by solicitors. There was no route for members of the public to approach a barrister directly. This created an access to justice problem: the specialist expertise of the Bar was effectively gatekept by the solicitor profession, adding cost and complexity for anyone who needed it.
The Bar Standards Board introduced the Public Access scheme in 2004, initially in a limited form. It was expanded significantly in 2013, when the restrictions on the types of case and barrister seniority required were largely removed. Since then, the scheme has grown substantially and is now used by many thousands of people each year across a wide range of legal matters.
Direct access barristers are regulated by the Bar Standards Board. To accept direct access instructions, a barrister must have completed specific public access training and be registered with the Bar Standards Board as a public access practitioner. This is a regulatory requirement, not a voluntary accreditation.
Direct access barristers are subject to the same professional obligations as barristers instructed through solicitors. They must act in your best interests, maintain client confidentiality, not mislead the court, and comply with the BSB Handbook at all times. They are required to carry professional indemnity insurance. If a direct access barrister falls short of their professional obligations, you can make a complaint to the Bar Standards Board and, if relevant, seek compensation through the Legal Ombudsman.
At the outset of a direct access instruction, the barrister must explain the scope of the work they are undertaking, the fee they will charge, any limitations on the work they can carry out without a solicitor, and whether a solicitor is also needed for any part of the matter. This transparency is a regulatory requirement, not a courtesy.
The Direct Access scheme has been available since 2004 and was significantly expanded in 2013. It is regulated by the Bar Standards Board. Direct access barristers must have completed public access training, carry professional indemnity insurance, and comply with the BSB Handbook. Clients have access to the Legal Ombudsman and the Bar Standards Board complaints process if things go wrong. The scheme provides the same regulatory protections as traditional barrister instruction.
If you want to understand how instructing a barrister directly compares to using a solicitor for your situation, we can help you work that out. Get in touch with Barrister Connect.