The Ministry of Justice released the 2026 annual judicial diversity statistics, revealing a stagnation in representation for Black lawyers within the judiciary.
Representation of minority groups
The data shows a mixed picture for minority ethnic groups. While the proportion of Asian and mixed ethnicity individuals in the judiciary has slowly increased since 2016, the proportion of Black individuals and those identifying as ‘other’ minority ethnic has remained unchanged during that period.
Although there is no disparity in the final outcomes between White candidates and candidates from minority ethnic backgrounds compared to the eligible pool, the report notes evidence of a disparity of outcomes in favor of White candidates when tracking the journey from application to recommendation.
Concerns over stalled progress
Kirsty Brimelow KC, Chair of the Bar Council, said the publication of this detailed data is necessary to scrutinize progress. She expressed concern that the proportion of Black judges has not moved.
“But we remain concerned that progress has completely stalled in terms of the proportion of Black judges,” Brimelow said. “Under the new Judicial and Legal Diversity Board we must interrogate why there has been no progress so we can begin to see this trend changing.”
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It is notable that the appointment process has historically favored candidates from elite educational backgrounds. The new data confirms this pattern persists, as those who attended state schools had a slightly lower recommendation rate compared to those who attended independent or fee-paying schools. Similarly, applicants who were the first in their family to go to university had a lower recommendation rate than those with parents who had attended university. The disparities extended to socio-economic status, with those from a lower background having a lower recommendation rate compared to those from a professional or intermediate background.
The Bar Council uses this information to argue that the legal system’s leadership does not reflect the wider population. Without a significant shift in these metrics, the legal profession risks remaining a closed circle where social mobility is difficult.
Social mobility data added
Last year, the annual report included data on social mobility for the first time. This year’s report found disparities across multiple measures.
Brimelow emphasized that social mobility is a priority because people who lack opportunities in childhood often miss out on professional careers. “The Bar and the Bench should be open to everyone who meets the academic and professional standards,” she added.
She stated she is delighted that data on social mobility is now included in the annual statistics and will work through the new Judicial and Legal Diversity Board to monitor progress and address the disparities.
