Official Solicitor and Public Trustee

Grade 7 Court of Protection (Property and Affairs) Lawyer

Background

The Offices of the Official Solicitor and Public Trustee (OSPT)

The office is an Arms’ Length Body of the Ministry of Justice and combines the duties and responsibilities of two separate independent statutory office holders - the Official Solicitor to the Senior Courts and the Public Trustee. There are around 135 staff who support the work of the Official Solicitor and Public Trustee, including lawyers, lay case managers and administrators. The Official Solicitor promotes access to justice for the most vulnerable members of our society who might otherwise be unable to use the services offered by the justice system due to their lack of mental capacity or because of their young age. We are committed to providing the best level of service we can for our clients.

We have a Grade 7 lawyer vacancy on our Property and Affairs (Court of Protection) team.

The Post - Property & Affairs team

The Official Solicitor acts as both litigation friend and solicitor in proceedings relating to the property and affairs of those who lack capacity (“P"). PAA lawyers are responsible for all aspects of the case management and conduct of litigation in matters referred to the Official Solicitor from the Court of Protection, by way of an invitation to act as litigation friend for P in PAA applications to authorise:

• execution of a statutory will/codicil,

• the making of a gift on behalf of P (or ratification of an unauthorised gift that has already been made),

• execution of a settlement of assets belonging to P;

• gratuitous care payments;

• contested deputyship or attorneyship applications.

• transactions at an undervalue; and

• transactions or investments where one of the parties faces a conflict of interest.

The Official Solicitor may also be invited to act as advocate to the court in this specialist area.

The Official Solicitor and Public Trustee’s Trust and Estates team manage cases where either the Official Solicitor or Public Trustee has been appointed as executor to a will or trustee of a trust. PAA lawyers are also responsible for providing legal support to the Trusts and Estates team in respect of trust administration.

Job Purpose and Summary

We are looking for a highly motivated qualified lawyer eligible to practice within England and Wales at the point of making the application for this role, to join the busy Official Solicitor’s Property and Affairs Team.

The successful applicant will work to the Senior Lawyer of the PAA team and will be expected to fulfil all elements of a lawyer role, together with contributing to the organisation’s corporate objectives. You will need strong communication skills, good self-awareness and a commitment to role model positive behaviours and use feedback to learn and develop as a professional. You will be expected to make confident and informed decisions within your own casework, while also escalating risks and seeking guidance from senior colleagues where appropriate. You must be able to demonstrate specific professional skills, knowledge, and qualifications. You must also be qualified at the point of making the application for this post.

The successful applicant will develop and maintain collaborative working relationships with colleagues at all grades, the judiciary and other key stakeholders and provide case management advice and legal direction to the Trust and Estates case management team.

Skills and Qualities

Eligible applicants must be;

Qualified to practice as a barrister or solicitor, in England and Wales or an advocate or solicitor in Scotland; or

A CILEX Fellow where (i) a Qualifying Law Degree (QLD) is held; or (ii) the Graduate Diploma in Law (GDL)/CPE has been completed; or (iii) where exams have been passed and a score of 50% or above achieved, at CILEx Level 6*, in all the following foundation subjects:

1. Contract Law

2. Criminal Law

3. Equity and Trusts Law

4. European Union Law

5. Land Law

6. Public Law

7. Law of Tort

Qualification for appointment is 2 years post qualification experience as a solicitor, barrister, or CILEX Fellow at the point of making the application for this post.

Candidates will be expected to have experience in private client work including the drafting of wills, deeds, settlements, administration of trusts and estates and knowledge of tax planning, plus familiarity with the Mental Capacity Act 2005 and the Court of Protection Rules and practice.

Essential skills:

• the ability to communicate advice effectively in writing and orally.

• the ability to quickly identify and respond to legal developments and risk.

• the ability to work flexibly and collaboratively, with legal and non-legal colleagues.

• the ability to work at pace.

Advocacy experience is desirable but not essential.

If you would like to discuss the role, or the work of the team/office in more detail you can do so by contacting the Senior Lawyer for the Property and Affairs team Victoria Newey, by email victoria.newey@ospt.gov.uk.

Application Process

The Civil Service Success Profile will be used to assess suitability.

Success Profiles - Civil Service Behaviours (publishing.service.gov.uk)

We are also inviting applicants to submit an up to date CV.

You will also be required to provide evidence of the following behaviours at application and interview.

• Making Effective Decisions (Lead)

• Delivering at Pace

• Communicating and Influencing

• Working Together

• Seeing the Big Picture

There will also be a technical exercise at interview by way of a case study.

We can offer;

• flexible and smarter working options,

• development opportunities

• a culture encouraging inclusion and diversity.

The OSPT is based at 102 Petty France, London, but the successful candidate does not have to be London-based. We currently operate a hybrid working arrangement. This means that as a minimum 40% of the working week is office based, subject to further notice. National based workers will be appointed to their nearest Justice Collaboration Centre or Justice Satellite Office.

This is an exciting and interesting area of work which offers unique challenges and provides great openings for continuous learning.

We welcome and encourage applications from everyone, including groups currently underrepresented in our workforce and pride ourselves as being an employer of choice. To find out more about how we champion diversity and inclusion in the workplace, visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity