Ministry of Justice

Position:

Legal Officer/Tribunal Caseworker

Directorate:

Tribunals

Location:

The role will be based within a Courts & Tribunals Service Centre or Regional Hearing Centre, although regular and routine working from other regional locations may be expected.

National travel will be an occasional requirement.

Band:

HEO

Contract Type:

Permanent

Reserve List:

 Yes (12 months)

The post holder is required to work in a flexible way and undertake any other duties reasonably requested by line management which are commensurate with the grade and level of responsibility of this post.

Overview

Why we exist

As part of His Majesty’s Courts and Tribunals Service (HMCTS) the Tribunals directorate is responsible for the effective administration of tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. We work with an independent judiciary across a wide range of jurisdictions to provide a fair, efficient and effective justice system.

HMCTS is undertaking an ambitious reform programme. The programme will enhance the provision of a world-class justice system, in a manner that provides an improved user experience at reduced cost to the taxpayer. This will contribute to consolidating the UK’s position at the forefront of an increasingly competitive international legal market as well as ensuring access to justice for all.

The programme includes creating high quality services, modernising the court estate, updating and replacing its technology, speeding up and streamlining working practices, refurbishing buildings to reduce maintenance costs and provide much improved services for service users, especially vulnerable witnesses and victims.

Role

Working within a Courts & Tribunals Service Centre or Regional Hearing Centre, the Legal Officer/Tribunal Caseworker will support the effective administration of Tribunals business by undertaking a range of complex case work and assessment activity in order to determine how best to advance caseloads and remove any barriers to effective and timely case progression. Working as part of a team as well as independently, under the supervision of a Senior Legal Officer/Tribunal Caseworker and leadership judiciary, the Legal Officer/Tribunal Caseworker will make case management decisions as part of their delegated judicial powers, which may include holding case management hearings in some jurisdictions. A Legal Officer/Tribunal Caseworker will liaise with key stakeholders and HMCTS colleagues to ensure the effective administration of justice.

The key purpose of the role

Job Description

Working closely with judiciary, legal professionals and tribunal administration teams, the Legal Officer will undertake initial assessments on a range of incoming tribunals work, including case files, applications, and correspondence in order to establish the level of authority and expertise needed to address the case and determine the most effective route for case progression. Working to delegated judicial functions and working to directions from the judiciary, the Legal Officer/Tribunal Caseworker will provide ongoing and proactive management of caseloads, identifying any barriers or risks to effective case progression and developing interventions or actions to resolve these, liaising with a range of stakeholders and the public.

The Legal Officer/Tribunal Caseworker will be expected to evidence a strong understanding of functioning across tribunals and may be required to provide cross jurisdictional expertise.

Development

HMCTS are committed to learning and development and aim to grow talent from within where possible. To this end, a key benefit for our Legal Officers/Tribunal Caseworkers is the opportunity to apply for entry to the HMCTS legal apprenticeship scheme which runs an internal intake annually.   This apprenticeship scheme supports training of staff in this role to become fully qualified solicitors and career progression into the role of legal adviser in the magistrates court or legal team manager within tribunals. The legal apprenticeship is completed over a 3 – 6 year period depending on your previous qualifications and entry point to the scheme.

Customer service and standards

 ·       Promotes user focussed activity and standards - has strong written and interpersonal skills utilising principles of Human Voice of Justice.

·       Contributes to SOC (Standard Operating Controls), SAF (Service Assurance Framework)

-        leads on maintaining standards of service and identifies areas for improvement

-        takes forward solutions using ‘continuous improvement’ techniques.

·       Management of complaints and services failures.

The key objectives of the role include:

Initial Case 

Assessment    The Legal Officer/Tribunal Caseworker will be required to undertake initial assessment on incoming tribunals documentation and liaise with various stakeholders, including service users, to ensure effective case progression.  This will include:

•     Identifying that claims / appeals have been lodged within the relevant timelines.

•     Ensuring that claims / appeals are being addressed by the correct tribunal and at the correct tribunal tier.

•     Ensuring any relevant fees have been paid by claimants / appellants.

•     Ensuring claims / appeals are made on the correct. documentation and that all of the information necessary to progress the case is present.

•     Ensuring claims and appeals are allocated to the correct appeal type and where appropriate listing track.

•     Triaging of referrals to appropriate authority.

•     Providing instructions to administrative staff.

Case Management

Operating under delegated judicial functions, manage the case by removing barriers to its progression and ensuring efficient allocation of tribunal resources.  This will include:

•     Drafting and issuing directions to parties to file evidence and other documents.

•     Providing listing instructions to administrative staff.

•     Ensuring the panel composition is appropriate to the case.

•     Ensuring interpreter requirements are identified.

•     Undertaking case management appointments.

•     Checking cases for readiness ahead of hearings.

•     Communicating and engaging with parties to an appeal to ensure effective case progression.

•     Undertaking a range of high-quality casework, including complex casework.

•     Providing flexible technical case support as required.

Applications from parties to the appeal

Working to delegated judicial powers, Legal Officers/Tribunal Caseworkers will be expected to identify and sift applications, making decisions on:

•     Postponing hearings.

•     Transferring proceedings to another region or jurisdiction.

•     Withdrawing proceedings.

•     Extending and varying time to comply with an aspect of procedure rules.

•     Varying directions.

•     Expediting a hearing.

•     Considering reasonable adjustments to make hearings more accessible to parties.

Multi-Jurisdictional Expertise

Operating within a regional cluster, the Legal Officers/Tribunal Caseworkers may be expected to develop expertise across a number of tribunal jurisdictions in order to provide flexible technical case support.

Communicating with key stakeholders

•     Ensuring effective engagement with judiciary, user groups and representative organisations in order to progress tribunals work effectively.

•     Thinking beyond own area of responsibility, considering wider policy and organisational implications of issues.

Administration              Undertake any administration necessary to support the effective delivery of the Legal Officer/Tribunal Caseworker role, ensuring:

•     All relevant documentation is completed fully, accurately and in timely manner.

•     All physical and electronic tribunal case files and records are maintained in accordance with policy and data protection protocols. 

Accountability              The Legal Officer/Tribunal Caseworker will report to a manager within a Courts & Tribunals Service Centre or Regional Hearing Centre.  When working under delegated judicial functions, the Legal Officer/Tribunal Caseworker will receive significant technical input and direction from the relevant tribunal judiciary.

Behaviours

You will be required to provide evidence on the following behaviours success profile at Level 3 HEO at both sift and interview stages.

Making Effective Decisions

Understand own level of responsibility and empower others to make decisions where appropriate. Analyse and use a range of relevant, credible information from internal and external sources to support decisions. Invite challenge and where appropriate involve others in decision making. Display confidence when making difficult decisions, even if they prove to be unpopular. Consult with others to ensure the potential impacts on end users have been considered. Present strong recommendations in a timely manner outlining the consideration of other options, costs, benefits and risks.

Communicating and Influencing

Communicate in a straightforward, honest and engaging manner, choosing appropriate styles to maximise understanding and impact. Encourage the use of different communication methods, including digital resources and highlight the benefits, including ensuring cost effectiveness. Ensure communication has a clear purpose and takes into account people’s individual needs. Share information as appropriate and check understanding. Show positivity and enthusiasm towards work, encouraging others to do the same. Ensure that important messages are communicated with colleagues and stakeholders respectfully, taking into consideration the diversity of interests.

Working Together

Encourage joined up teamwork within own team and across other groups. Establish professional relationships with a range of stakeholders. Collaborate with these to share information, resources and support. Invest time to develop a common focus and genuine positive team spirit where colleagues feel valued and respect one another. Put in place support for the wellbeing of individuals within the team, including consideration of your own needs. Make it clear to all team members that bullying, harassment and discrimination are unacceptable. Actively seek and consider input of people from diverse backgrounds and perspectives. Managing a Quality Service

Managing a Quality Service

Develop, implement, maintain and review systems and services to ensure delivery of professional excellence. Work with stakeholders to set priorities, objectives and timescales. Successfully deliver high quality outcomes that meet the customers’ needs and gives value for money. Identify risks and resolve issues efficiently. Involve a diverse range of colleagues, stakeholders and delivery partners in developing suggestions for improvement. Establish ways to find and respond to feedback from customers about the services provided.

Delivering at Pace

Show a positive approach to keeping the whole team’s efforts focused on the top priorities. Promote a culture of following the appropriate procedures to ensure results are achieved on time whilst still enabling innovation. Ensure the most appropriate resources are available for colleagues to use to do their job effectively. Regularly monitor your own and team’s work against milestones ensuring individual needs are considered when setting tasks. Act promptly to reassess workloads and priorities when there are conflicting demands to maintain performance.  Allow individuals the space and authority to meet objectives, providing additional support where necessary, whilst keeping overall responsibility.

Experience

        •     A law degree or equivalent technical experience is desirable.

The equivalent technical experience has been defined as:

“The demonstration of a transferable decision-making aptitude, working within a set framework or guidance and previous precedents, under a form of supervision”

Operational Delivery in HMCTS

This role is part of the Legal Operational Delivery Profession. Operational delivery professionals are the outward face of government, providing essential services to the public in a variety of roles. They work in many different departments and agencies across the breadth of the UK, delivering service to customers in:

•       Face-to face roles in HMCTS for example a court usher

•       Contact Centre roles in HMCTS for example call centre advisers

•       Processing roles in HMCTS for example staff at the County Courts Money-Claims Centre and Courts and Tribunal administration.

Being part of the operational delivery profession means belonging to a cross-government community of people. This will offer you access to information on professional standards, skills development and qualifications to help you continue to improve your development and performance and expand your career options.