The number of women and people of colour in senior roles within conveyancing is still unsatisfactory. Despite the many initiatives aimed at lowering barriers to entry and ensuring fair career progression across the entire legal profession, change is ‘very slow’ – particularly for those who are vulnerable or have protected characteristics.
We have recently reaffirmed our commitment to tackling counter-inclusive behaviour along with all other legal services regulators. To ensure we are doing all we can in this area, we are also launching a public consultation on what changes are required to our Equality Code.
There are two main changes proposed which relate to the way the CLC collects data on diversity and complaints of discrimination, victimisation or harassment. It is important that the legal profession reflects – to the greatest extent possible – the diversity of the population it serves. Although the CLC’s non-graduate profession is more closely reflective of society than some other branches of legal sector, the fact that women and people of colour do not progress to senior positions in the proportions they should indicates that more action is needed to make effective and sustainable changes.
The changes proposed to the Equality Code are intended to deliver, and maintain, positive improvements by giving the CLC more levers to effect change and we are keen to hear what people think. Since the Equality Code was introduced, following the passing of the Equality Act in 2010, the CLC has gathered three sets of diversity data from its regulated community. While the response from individuals was good, the preferred method of collecting data from practices was less successful, prompting concerns that some firms may not be seeking the information from their employees.
The consultation proposes that a new requirement is written into the Equality Code, compelling regulated practices to “cooperate with the CLC in the collection and analysis of data about their workforce and owners as may be required by the CLC from time to time.”
In order to help monitor and drive change, the CLC further proposes that, when required, practices “report any instances of complaints of discrimination, victimisation or harassment whether as an employer or service provider” and keeps records to enable them to do so.
It is appropriate for the CLC as a regulator to examine where regulated bodies and individuals are or may be failing to comply with our regulatory arrangements and expectations. To help achieve this, the CLC needs to be able to collect data on all complaints related to discrimination, victimisation and harassment made by employees of a practice, its clients or members of the public.
Where this data provides evidence of non-compliance with the code (or more broadly), the CLC will then be able to take proportionate action. Over the summer, we want to hear from anyone working in the conveyancing industry or with insight into the challenges of delivering a diverse workforce and inclusive client services.
The CLC has also drafted additional guidance aimed at helping its regulated community comply with their obligations under the Equality Code, which can be found here.
We will report back on this site later in 2022.
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