85395 - Official Solicitor and Public Trustee Court of Protection (Property and Affairs) Senior Lawyer
Qualification for appointment is 7 years post qualification experience as a solicitor or barrister.
Official Solicitor and Public Trustee
Grade 6 Court of Protection (Property and Affairs) Senior 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.
In the majority of her cases, the Official Solicitor acts as last resort litigation friend for adults who lack mental capacity and in some cases solicitor, 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.
Property and Affairs (PAA) Team
PAA lawyers case manage and litigate matters referred to the Official Solicitor from the Court of Protection (CoP), by way of an invitation to act as litigation friend for P (the person who lacks or so far as is consistent with the context, is alleged to lack capacity to make a decision or decisions in relation their property and affairs) in PAA applications to authorise:
- execution of a statutory will/codicil,
- the making of a large 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;
- 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 P’s litigation friend in relation to applications to appoint a deputy for property and affairs or to revoke a lasting power of attorney. She may also be invited to act as advocate to the court.
Unlike the other litigation areas, (apart from Serious Medical Treatment cases managed by the Official Solicitor’s CoP Healthcare and Welfare team) PAA cases are dealt with “in-house”. As such, the work undertaken by the team in PAA cases is chargeable and generates income for the OSPT
PAA lawyers, on occasion, also provide legal support to the Trusts and Estates team.
Essential Criteria
We are looking for a highly motivated leader and experienced legal professional to lead the Official Solicitor’s Property and Affairs Team.
The successful applicant will work direct 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 Property and Affairs cases (40% of role).
- Leadership and Line Management of a small team of Grade 7 lawyers (30% of role).
- Contribution to, and championing of, wider corporate OSPT initiatives (30% of role).
The successful applicant 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 to the Property and Affairs lawyers and Trust and Estates case management team.
You will need strong communication skills, good self-awareness, and a commitment to role model positive behaviours. You 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.
Alongside playing an active role as part of the Senior Leadership Team, the successful applicant will also sit as part of the OSPT Management Advisory Board.
Skills and Qualities
Qualification for appointment is 7 years post qualification experience as a solicitor or barrister.
The post holder will be expected to have experience of private client and trusts work and Court of Protections Property and Affairs work.
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.
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 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
Leadership skills will be further tested at interview by way of a presentation.
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
Working Arrangements & Further Information
The MoJ offers Hybrid Working arrangements where business need allows. This is an informal, non-contractual form of flexible working that blends working from your base location, different MoJ sites and / or from home (please be aware that this role can only be worked in the UK and not overseas). Some roles will not be suitable for Hybrid Working. Similarly, Hybrid Working will not suit everyone’s circumstances. Arrangements will be discussed and agreed with the successful candidate(s) and subject to regular review.
For nationally advertised roles, the successful candidate(s) will be appointed to a MoJ office location, which may include their nearest Justice Collaboration Centre or Justice Satellite Office. This will be discussed and agreed on the completion of pre-employment checks.
Some of MoJ’s terms and conditions of service are changing as part of Civil Service reform. The changes will apply to staff joining MoJ who are new to the Civil Service. Staff joining MoJ from other civil service employers will transfer onto the new MoJ terms if they are already on 'modernised' terms in their current post or onto 'unmodernised' MoJ terms if they are on 'unmodernised' terms at their current post. Details will be available if an offer is made.
MoJ candidates who are on a specialist grade, will be able to retain their grade on lateral transfer.
All candidates who are currently in receipt of Mark Time / Pay Protection should ensure they are familiar with the new policy on permanent and temporary promotion which can be found on the employee intranet.
Flexible working hours
The Ministry of Justice offers a flexible working system in many offices.
Benefits
The MoJ offers a range of benefits:
Annual Leave
Annual leave is 25 days on appointment and will increase to 30 days after five years’ service.
There is also a scheme to allow qualifying staff to buy or sell up to three days leave each year. Additional paid time off for public holidays and 1 privilege day. Leave for part-time and job share posts will be calculated on a pro-rata basis.
Pension
The Civil Service offers a choice of pension schemes, giving you the flexibility to choose the pension that suits you best.
Training
The Ministry of Justice is committed to staff development and offers an extensive range of training and development opportunities.
Networks
The opportunity to join employee-run networks that have been established to provide advice and support and to enable the views of employees from minority groups to be expressed direct to senior management. There are currently networks for employees of minority ethnic origin, employees with disabilities, employees with caring responsibilities, women employees, and lesbian, gay, bisexual and transgender employees.
Support
- A range of ‘Family Friendly’ policies such as opportunities to work reduced hours or job share.
- Access to flexible benefits such as voluntary benefits, retail vouchers and discounts on a range of goods and services.
- For moves to or from another employer or moves across the Civil Service this can have implications on your eligibility to carry on claiming childcare vouchers. You may however be eligible for alternative government childcare support schemes, including Tax Free Childcare. More information can be found on GOV.UK or Childcare Choices. You can determine your eligibility at https://www.childcarechoices.gov.uk/.
- Paid paternity, adoption and maternity leave.
- Free annual sight tests for employees who use computer screens.
Working for the Civil Service
The Civil Service Code sets out the standards of behaviour expected of civil servants.
We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles. Should you feel that the recruitment process has breached the recruitment principles you are able to raise a formal complaint in the following order
- To Shared Service Connected Ltd (0845 241 5358 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@gov.sscl.com);
- To Ministry of Justice Resourcing team (resourcing-management-office@justice.gov.uk);
- To the Civil Service Commission (details available here)
The Civil Service embraces diversity and promotes equal opportunities. As a Disability Confident employer, MoJ are committed to providing everyone with the opportunity to demonstrate their skills, talent and abilities, by making adjustments throughout all elements of the recruitment process and in the workplace. MoJ are able to offer an interview to disabled candidates who meet the minimum selection criteria, except in a limited number of campaigns.
For more information on applying for a role as a candidate with a disability or long-term condition, please see our Disability Confident Scheme Frequently Asked Questions webpage.
You will be able to request reasonable adjustments to the recruitment process within the application form. If you need additional help completing the application form, please contact the SSCL Recruitment Enquiries Team.
We encourage applications from people from all backgrounds and aim to have a workforce that represents the wider society that we serve. We pride ourselves on being an employer of choice. We champion diversity, inclusion and wellbeing and aim to create a workplace where everyone feels valued and a sense of belonging. To find out more about how we do this visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity.
27/03/2024, 23:55 hours.
If you require any assistance please call 0345 241 5359 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@gov.sscl.com
Please quote the job reference - 85395.
To apply for roles in MOJ you will need to confirm your employment history for at least 3 years prior to the date of application so that pre-employment checks (BPSS) can be undertaken. If you have spent significant time abroad (a total of 6 months in the past 3 years) you would be required to give a reasonable account of the reasons why.
For some roles you will be required to successfully complete National Security Vetting at Counter Terrorism (CTC), Security Clearance (SC) or Developed Vetting (DV) level as a condition of appointment. To meet CTC/SC/DV requirements you will normally need to have been resident in the UK for at least 3/5/10 years prior to the date of application (The level of checks that are required are stated in the advert).
If you do not meet the above requirements, you may still be considered if, for example:
- You've been serving overseas with HM Forces or in some other official capacity as a representative of HM Government
- You were studying abroad
- You were living overseas with parents
In such cases you will need to be able to provide referee cover for the period(s) of residence overseas. The duration of overseas residence and the country of abode will also be taken into account.
Success Profiles will enable a fairer and more inclusive method of recruitment by enabling us to assess the range of experiences, abilities, strengths, behaviours and technical/professional skills required for different roles. This flexible approach to recruitment focuses more on finding the right candidate for the specific role. To find out more about Success Profiles to support your application please click here for further guidance.
We have provided detail of the assessment stages and areas being assessed to help you prepare for completing your application form, and to advise of what will be assessed following this, if you successfully pass the application stage.
Application form stage assessments
Interview stage assessments
A Great Place to Work for Veterans
The "Making the Civil Service a Great Place to work for veterans" initiative includes a guaranteed interview scheme to those who meet the minimum criteria to provide eligible former members of the Armed Forces with opportunities to secure rewarding jobs. Allowing veterans to continue to serve their country, and to bring highly skilled individuals with a broad range of experience into the Civil Service in an environment, which recognises and values your previous service in the Armed Forces.
For further details about the initiative and eligibility requirements visit : https://www.gov.uk/government/news/making-the-civil-service-a-great-place-to-work-for-veterans
Redeployment Interview Scheme
Civil Service departments are expected to explore redeployment opportunities before making an individual redundant. The MoJ are committed, as part of the Redeployment Interview Scheme, to providing opportunities to those who are 'at risk of redundancy'.
MoJ are able to offer an interview to eligible candidates who meet the minimum selection criteria, except in a limited number of campaigns. Candidate's will not be eligible for the Redeployment Interview Scheme if they are applying on promotion.
This job is broadly open to the following groups:
· UK nationals
· nationals of the Republic of Ireland
· nationals of Commonwealth countries who have the right to work in the UK
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities with settled or pre-settled status under the European Union Settlement Scheme (EUSS) (opens in a new window) https://www.gov.uk/settled-status-eu-citizens-families
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities who have made a valid application for settled or pre-settled status under the European Union Settlement Scheme (EUSS)
· individuals with limited leave to remain or indefinite leave to remain who were eligible to apply for EUSS on or before 31 December 2020
· Turkish nationals, and certain family members of Turkish nationals, who have accrued the right to work in the Civil Service
Further information on nationality requirements (opens in a new window) https://www.gov.uk/government/publications/nationality-rules
This Vacancy is closed to applications.