Official Solicitor and Public Trustee

FTC Grade 7 Lawyer - Civil Litigation Team

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. It is a small niche office with 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.

In the majority of her cases, the Official Solicitor acts as last resort litigation friend for adults who lack mental capacity to conduct proceedings or for children (other than those who are the subject of child welfare proceedings). In more limited instances, the Official Solicitor also acts as solicitor for adults who lack mental capacity.

The Official Solicitor has responsibility for four Litigation teams: Healthcare and Welfare (Court of Protection), Family Litigation, Civil Litigation and Property and Affairs (Court of Protection).

The Official Solicitor and Public Trustee also has responsibility for a Trusts and Estates Team, managing Trust & Estates as last resort.

The Official Solicitor also has administrative responsibility for the International Child Abduction and Contact Unit (ICACU) and the Reciprocal Enforcement of Maintenance Orders (REMO) team, front line operational teams conducting work on behalf of the Lord Chancellor in civil justice and cross border co-operation work in the family law context under a number of international instruments.

We have a Grade 7 Lawyer FTC vacancy in our Civil Litigation team.

The Civil Litigation Post

Job Purpose and Summary

The Official Solicitor’s Civil Litigation team deals with a broad range of cases spanning the spectrum of civil litigation matters in the County Court, High Court, Court of Appeal and Supreme Court, as well as matters before the Parole Board and various tribunals. In these cases, the Official Solicitor usually acts in the role of litigation friend for children or for adults lacking capacity to litigate on their own behalf, and she instructs external solicitors to advise on and progress the cases. However, a small number of cases are dealt with in-house by the team.

The work is very varied and often raises complex legal issues. Types of cases managed by the team include clinical negligence, personal injury, child abuse compensation claims, housing and community care matters, judicial review, insolvency, Inheritance Act claims, TOLATA applications, claims under the Human Rights Act, Displacement of Nearest Relative applications under the Mental Health Act, matters before the Parole Board and various tribunals. This is by no means exhaustive but gives a flavour of the wide range of cases that the successful candidate will be managing. In all cases, the aim is to achieve the best possible result in the best interests of the person represented.

The work of the team is fast-paced, and the subject matter can be challenging, including graphic descriptions of abuse and neglect. The post holder will be responsible for the supervision and, in more complex matters, case management of the full range of cases held by the team. The key elements of the role include the management of a diverse personal caseload, the provision of timely and proportionate advice and training to a team of lay case managers, engaging with stakeholders (including members of the legal profession, the judiciary, and experts across a number of disciplines) and adding value to the team’s legal work by identifying and acting on legal developments and risks.

The successful candidate will be expected to take on the full spectrum of cases handled by the Civil Litigation team. In addition, the Official Solicitor is committed to ensuring flexibility of her resources so the successful candidate may also be expected to take on cases in other jurisdictions, primarily the Court of Protection, as needed.

ESSENTIAL CRITERIA

We are looking for a highly motivated qualified lawyer eligible to practice within England and Wales, who can work efficiently in a dynamic work environment. 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 have strong civil litigation experience, with a proven ability to manage complex and sensitive cases involving clients in vulnerable circumstances. You must also have a minimum of two years’ post qualification experience at the point of making the application for this post.

Experience, Skills and Qualities:describe the skills and qualities the applicant should be able to demonstrate

We are looking for the following legal professional experience, skills and qualities:

• Strong civil litigation experience, with a proven ability to manage complex and sensitive cases involving clients in vulnerable circumstances;

• Knowledge and experience (whether academic or in practice) of the Civil Procedure Rules is crucial and knowledge of the Mental Capacity Act and Mental Health Act would be an advantage;

• Experience and a sound understanding of costs in civil litigation matters;

• Sound understanding of public law and demonstrable experience in one or more of the areas of work undertaken by the team;

• Ability to work effectively at pace, quickly assimilating unfamiliar and complex issues and delivering high quality advice within required timescales;

• Ability to think strategically and creatively, understand legal issues in their wider context, and provide clear, practical advice accordingly;

• Ability to make robust evidence-based decisions and exercise sound judgement in identifying, managing and escalating risks appropriately;

• Strong analytical skills, including the ability to undertake legal research and provide timely, accurate and fit for purpose advice;

• Excellent communication skills, with the ability to provide effective support to lay case managers and explain complex legal issues in a clear and accessible manner.

The post holder will be expected to demonstrate Civil Service success profile behaviours and specialist legal knowledge and in particular will need to be able to deliver high quality legal work in the best interest of the vulnerable party, maintaining effective relationships with the judiciary, legal profession, and other external bodies.

Essential Qualifications 

Qualified to practice as a barrister or solicitor, in England and Wales with a minimum of two years’ post qualification experience.

It is essential that you are adept at using Microsoft computer packages.

If you would like to discuss the Civil Litigation Lawyer role, or work of the team/office in more detail you can do so by emailing the Senior Civil Litigation Lawyers, Susan Hardie susan.hardie2@ospt.gov.uk or Catherine Deveson catherine.deveson@ospt.gov.uk.

Application and selection process

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

As part of the application process, we are inviting applicants to submit behaviour examples as detailed below. In addition, a Statement of Suitability of no more than 1,000 words outlining previous employment, and the experience and skills you have gained which are relevant to the role, in particular, the “Experience, Skills and Qualities" section of this job description.

A technical exercise will be administered at interview stage.

Should a large number of applications be received, an initial sift may be conducted using the Statement of Suitability. Candidates who pass the initial sift may be progressed to a full sift or progressed straight to interview.

A reserve list may be held for a period of 12 months from which further appointments can be made.

At interview, candidates will be assessed on the basis of the Statement of Suitability, the Behaviours detailed below and the technical exercise.

You will be required to provide evidence of the following Behaviours under the success profile (technical skills and experience will also be tested at interview):

• Making Effective Decisions

• Delivering at Pace

• Communicating and Influencing

• Working Together

Interviews will be held virtually, using the Teams platform.

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