Ministry of Justice

Grade 6 Healthcare and Welfare Senior Lawyer

Background

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

The office is an Arm’s 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.

In the majority of her cases, the Official Solicitor acts as last resort litigation friend and in some cases solicitor for adults who lack mental capacity, and as last resort litigation friend for children (other than those who are the subject of child welfare proceedings).

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 also has administrative responsibility for the International Child Abduction and Contact Unit and the Reciprocal Enforcement of Maintenance Orders team, front line operational teams conducting work on behalf of the Lord Chancellor in civil justice and cross border work co-operation in the family law context.

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

Healthcare and Welfare (HCW) Team

The Official Solicitor’s Healthcare and Welfare team manages healthcare and welfare cases in the Court of Protection in which the Official Solicitor acts as litigation friend. In a limited number of cases, she is also called upon to act as Advocate to the Court. In welfare cases the Official Solicitor retains external solicitors to act for the vulnerable client and her case managers will be required to provide those solicitors with instructions as to the client’s best interests. In serious medical treatment cases, the work is conducted in house and the cases are fast moving and time critical and the lawyer will be expected to have day to day conduct of those cases, instructing specialist counsel as well as independent experts. He or she will also liaise with the client and the client’s family and friends to ascertain wishes and feelings and to report back to the court.

The lawyer will also be required to line manage a legal team and to provide guidance and supervision both to grade 7 lawyers and to non-legally trained case managers and advise the Official Solicitor herself when called upon to do so. The work of the team is specialised, and the cases are fast paced and can be high profile. Many are before High Court Judges and reported. The post holder will manage a personal caseload of both welfare and serious medical treatment cases. It should be noted that opportunities for the lawyer to conduct their own advocacy are very limited and the expectation is that external counsel will be instructed.

Essential Criteria

We are looking for a highly motivated qualified solicitor, barrister or CILEX Fellow eligible to practice within England and Wales, who is able to work efficiently in a dynamic work environment leading the Official Solicitor’s Healthcare and Welfare Team.

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

The Role

The successful applicant will work directly to the Official Solicitor and will be expected to fulfil all elements of a senior lawyer role, together with contributing to the organisation’s corporate objectives supporting the Senior Leadership Team.

This will include:

·       Management of a case load of the more complex Healthcare and Welfare cases (40% of role).

·       Leadership and Line Management of a small team of Grade 7 lawyers (30% of role).

·       Leading or contributing to, and championing of, wider corporate OSPT initiatives (30% of role).

The postholder will support the development of staff across the team, 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.

The postholder will be expected to make confident and informed decisions within their own casework, while also escalating risks and seeking guidance from senior colleagues where appropriate. The postholder must be able to demonstrate specific professional skills, knowledge, and qualifications.

The postholder will need strong communication skills, good self-awareness, and a commitment to role model positive behaviours. The postholder will demonstrate visible leadership through a commitment to people engagement and empowering others to develop and continue establishing a culture of continuous improvement.

The successful applicant will play a critical role in decision-making and delivering the organisation’s corporate objectives, including, but not limited to, risk management, finance, compliance, Stakeholder management, action planning around the people survey results, People Strategy initiatives and proactive championing of new initiatives, both within their immediate team and more widely across the organisation.

This role has responsibility for managing the Serious Medical Treatment case out of hours rota and being part of the rota (optional). In the absence of the Official Solicitor, the postholder will be the first point of contact for the Court.

This role is responsible for HCW lead in stakeholder events and give presentations.

Alongside playing an active role as part of the Senior Leadership Team on a rotational basis, the successful applicant will also sit as part of the OSPT Management Advisory Board.

Skills and Qualities

The post holder must be a qualified as stated above and 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 interests of the vulnerable party, maintaining effective relationships with the judiciary, legal profession, and other external bodies.

The post holder will be expected to have litigation experience and working experience of the Mental Capacity Act 2005 and practice and procedure in Court of Protection welfare work including the relevant court rules. Knowledge of the Mental Health Act 1983 would also be of assistance but is not essential.

Knowledge of civil litigation practice and procedure would be helpful but is not essential.

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, maintaining positive working relationships with all.

·       the ability to work at pace.

Leadership 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 Official Solicitor and Public Trustee, Sarah Castle, by email sarah.castle@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 inviting applicants to submit a CV and statement of suitability of no more than 1000 words outlining their suitability for the role. Candidates should look to cover the key experience and behaviours listed.

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

·       Making Effective Decisions (Lead)

·       Delivering at Pace

·       Communicating and Influencing

·       Leadership

Interviews will be held in person. Skills will be further tested at interview by way of a presentation/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 some of the working week is office based. National based workers who apply for this role and are successful 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