Legal Support Manager

Job responsibilities

Job Purpose

To act as specialist and Trust lead for the management of Claims and Redress for compensation made against the organisation and facilitate the provision of expert legal advice to frontline staff, managers and the Board in relation to Trust clinical or business activities (excluding corporate legalities). The post-holder is responsible for ensuring that claims are handled effectively and efficiently within the Trust's procedures and in accordance with 'Putting Things Right Guidance on Dealing with Concerns about the NHS from 1 April 2011,' and the Civil Procedure Rules. The post-holder will lead on the management of the Duty of Candour and be responsible for training staff in line with the organisational processes.

Communication and Relationship Skills

The post-holder will:

• Communicate sensitive and complex information in relation to legal claims to the Chief Executive, Executives and other members of staff as appropriate via reports or by attending meetings.
• Act as the first point of contact for any legal queries and provide advice in relation to clinical negligence and personal injury claims.
• When required, attend court for matters relating to personal injury and medical negligence claims.
• Oversee all Coroner requests on behalf of the organisation and ensure appropriate support is provided to staff to respond appropriately and efficiently.
• Attend the Trust Coroner's Inquest Hearings in order to support staff.
• Discuss highly sensitive and highly contentious and emotive information with staff from all levels of seniority using negotiating, persuasive and empathetic skills. For example, during a claims investigation where challenges to decisions or conflicting points of views may be expressed and the post-holder's advice is required.
• Support with monitoring the levels of harm for incidents and conduct follow up enquiries for any incidents categorised as moderate or above to ensure compliance with the Duty of Candour.
• The post-holder will act in respect to all matters and aspects of claims management, communicating with Solicitors at Legal and Risk Services, the Welsh Risk Pool Services and the Coroner's Office as appropriate.
• Ensure the appropriate and full engagement of clinicians, senior managers and staff in the investigation of claims, supporting and advising them as necessary.
• Participate in investigation meetings, feedback sessions and reflective case management sessions, where highly complex, sensitive and sometimes contentious information is conveyed. Formally report back on lessons learned from claims in a sensitive but constructive manner.
• Contribute to a Shared learning Group, sharing learning from Claims, Redress and Duty of Candour as appropriate.
• Support the Putting Things Right team with reviewing and advising on incidents which may be unusual or complex in nature.
• Deputise for the Quality, Safety and Putting Things Right Manager as appropriate and support with quality improvement including implementing the Clinical Governance Framework.
• Represent Public Health Wales at all Wales NHS Wales meetings such as the Claims, Inquests, Redress and Duty of Candour Network Meetings.
• Be responsible for the claims process within Public Health Wales, actively encouraging positive discussion to alleviate concerns, resolve issues and learn lessons.
• Ensure all claims and legal matters receive a comprehensive response within the appropriate timescales.
• Demonstrate a high level of written and verbal communication conveying complex information in multi-faceted investigations and discussions which are adaptable to different audiences and/or purpose.

Knowledge, Training and Experience

The post-holder will have:

• A Masters level qualification or equivalent experience, within a relevant field, such as law or risk management.
• Knowledge of relevant law and legal practices in relation to the pre-action protocols for personal injury and clinical negligence claims and the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011.
• Experience of working in the field of litigation particularly personal injury and clinical negligence claims.
• Experience of preparing letters of instruction and instructing medical experts.
• Knowledge of the appropriate aspects of law including the General Data Protection Regulation (GDPR) and Freedom of Information (FOI) Act.
• Knowledge of and/or experience of working with the Welsh Risk Pool, Welsh Government and Wales Audit Office.

Analytical and Judgemental Skills

The post-holder will:

• As Public Health Wales Legal Support Manager, ensure that excellent judgement skills are used when considering options available in relation to personal injury and clinical negligence claims, ensuring the best interest of Public Health Wales are represented and explained at all times.
• As Legal Support Manager for Public Health Wales interpret, analyse and translate a wide range of legal, clinical and managerial information to underpin evidence based decision making and also advise and assist others in their understanding.
• Analyse and interpret highly complex information, where expert advice differs, eg: clinical and legal opinion and make decisions based on own experience and knowledge.
• Analyse claims management data so that trending can be discussed and identified.
• Lead on Redress matters and advise the Redress Panels under the Putting Things Right Regulations to assess levels of compensation payable where considered appropriate. This will be based on the consideration and interpretation of previous case law and Judicial College Guidelines.
• Support the Redress process and lead on investigations as required. This involves investigating allegations fully and effectively, including meeting with staff, seeking comments and drafting witness statements and ensuring staff co-operation and using judgement to determine what happened.
• Liaising with solicitors and barristers and explaining to staff (at any level) the legal implications of any advice they give to ensure the outcome of the claim is the best option for Public Health Wales.
• Work with Divisions to identify areas of risk and failings. Where risks and failings are identified, the Legal Support Manager is responsible for initiating an action plan that clarifies the issues that led to the admission of liability, ensuring that action taken is reviewed, monitored and audited and that final action plans are monitored through to completion via the appropriate committees.
• Responsible for the provision of information to the relevant management groups which will include ensuring that root causes of claims have been identified.
• Ensuring that action plans are used to make changes in clinical and organisation practice and procedure and facilitate education of staff as appropriate, thereby reducing risk and improving safety in the future.
• Responsible for analysing highly complex and often contentious investigation data to identify root causes of incidents which have led to a claim.
• Responsible for completing claims reports and documents to include learning from event reports, case management reports and claim reimbursement requests to the Welsh Risk Pool.

Planning and Organisational Skills

The post-holder will:

• Contribute to the annual report for claims, or prepare a separate annual report where required.
• In conjunction with the Board Secretary and Executive Director, develop and agree the required level of information to be reported to the Board any sub Committees thereof in respect of claims.
• Ensure the timely and accurate completion and submission of claim reimbursements to the Welsh Risk Pool or Welsh Government as required.
• Ensure that the correct documentation is completed and submitted in line with the requirements of the Welsh Risk Pool (areas of noncompliance are subject to financial penalties).
• Maintain a list of authorized signatories for completion of Welsh Risk Pool documentation.

Qualifications and / or Knowledge

Essential

• A Masters level qualification or equivalent experience, within a relevant field, such as law or risk management
• Evidence of continuous professional development
• Knowledge of clinical negligence and personal injury law
• Working knowledge of the NHS Putting Things Right Regulations

Desirable

• NHS Risk Management and Claims Management qualification or equivalent experience

Experience

Essential

• Experience working in the field of litigation and claims management, particularly personal injury and clinical negligence claims
• Experience of working with organisations including the Welsh Risk Pool, Welsh Government, and Wales Audit Office
• oExperience of working at a management level within the NHS, with demonstrable experience of working with Directors and Senior Clinicians

Desirable

• Use of Datix Management System
• Meeting with a wide variety of stakeholders
• Risk assessment and management processes
• Root Cause Analysis techniques

Aptitude and Abilities

Essential

• Able to demonstrate situations where effective leadership and management skills have been used
• Highly developed listening and questioning skills
• Ability to demonstrate tact and diplomacy when working with others
• Well developed written and verbal communication and presentation skills
• Ability to assimilate and interpret complex healthcare and legislative information
• Evidence of influencing and negotiating abilities

Desirable

• Ability to speak Welsh

Values

Essential

• Calm, confident and persuasive.
• Organised, logical and thorough
• Able to work independently, and as part of a team
• Ability to work with a wide range of stakeholders.
• Able to challenge conventions.

Other

Essential

• Ability to travel within defined Geographical area
• Able to work hours flexibly when required

Disclosure and Barring Service Check

This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service (formerly known as CRB) to check for any previous criminal convictions.

Certificate of Sponsorship

Applications from job seekers who require current Skilled worker sponsorship to work in the UK are welcome and will be considered alongside all other applications. For further information visit the UK Visas and Immigration website (Opens in a new tab).

From 6 April 2017, skilled worker applicants, applying for entry clearance into the UK, have had to present a criminal record certificate from each country they have resided continuously or cumulatively for 12 months or more in the past 10 years. Adult dependants (over 18 years old) are also subject to this requirement. Guidance can be found here Criminal records checks for overseas applicants (Opens in a new tab).