Job summary
Reporting directly to the Associate Director of Legal Services, this is a unique, interesting, varied and high-profile post, with a high degree of autonomy due to the statutory and professional service accountabilities, which requires the ability to provide high quality advice, build strong relationships and support staff at all levels. Excellent time management skills as well as the ability to strategically manage the work portfolio will be essential.
The applicant must be a fully qualified Solicitor/ ILEX (minimum 2 years PQE) with rights of audience to appear on behalf of the Trust during the Coronial process, holding a current practicing certificate.
We expect the individual to have exceptionally strong communication skills with the ability to communicate highly complex/contentious information and have excellent attention to detail.
This is an exciting opening for the right person to join our specialist, small but busy Trust Legal Team, part of a wider integrated care organisation. We are keen on developing the Team through sharing experience, knowledge and expertise.
Whilst experience of advising on Adult Social Care law is essential, NHS experience is not. What's more important is a passion for delivering an excellent legal service, a desire to help shape and deliver an exemplar Trust legal service and a drive to progress and achieve your own ambition.
Main duties of the job
You will act for the Trust in the management advice requests relating to the specialist areas of law. The role involves advising the Trust when they are involved in Court of Protection or High Court proceedings and undertaking advocacy at court.
Cases will often be highly complex multi-disciplinary and multi stranded, raising highly emotive issues for all staff involved.
You will be required to:
Plan, define and implement strategies to support delivery against client need.
Attend meetings to inform the Associate Director of Legal Services to ensure briefing to Board executives, directors, managers and clinicians
Ensure and maintain a good relationship with the client team and other third parties,
Supervise work delegated to other members of the team to support their development.
Draft submissions and work with Counsel, attending Court and undertaking advocacy where appropriate.
You will be required to:
Work flexibly across the Trust to provide support
Provide advice to the Trust upon a variety of healthcare issues
Provide educational seminars for the Trust to educate staff in relation to legal, clinical and risk management issues,
Be a primary contact in relation to Court of Protection matters provide substantive advice to the Trust as required and provide workshop/ad hoc advice sessions on a face-to-face basis.
About us
Why Work With Us
You will be joining a friendly and very supportive Trust, committed to the delivery of quality healthcare services to the people of Devon. We value our staff health and wellbeing and are constantly looking to improve our offer to them, as well as recognising their commitment and excellence through our People awards. We were the first NHS organisation in England to join up hospital and community care with social care creating an integrated care organisation making our Trust an exciting and interesting place to work and grow your career. In support of this you will also have access to a programme of high-quality training and development.
You will be joining the Trust at a very exciting time in its history. A new Devon wide Electronic Paper Record is due to go live over the next 12 months, and you will be at the forefront of the Legal Services offering to the Trust.
Job description
Job responsibilities
Detailed job description and responsibilities
Lead for the management of the Trusts Court of Protection function.
Provide advice on a range of areas including-
o Consent and capacity for adults and children
o Use of restraint
o Deprivation of Liberty Safeguards (soon to transition to the Liberty Protection Safeguards)
o Mental Health
o End of life decision making
o Inquests that have issues of Mental Health or Mental Capacity
- Experience of conducting all types of litigation in relation to the welfare and property of vulnerable adults including applications to the Court of Protection
- Experience of providing detailed advice to clients both in writing and orally in relation to the Care Act 2014, Mental Health Act 1983 and Mental Capacity Act 2005
- Experience of reviewing client evidence statements
- Preparation of applications to the Court of Protection and experience of involvement of Best Interest Decision making meetings
- Managing a caseload and advising on matters such as mental health, community care, safeguarding, ordinary residence, deprivation of liberty and Court of Protection, including conducting advocacy.
- Advising the Trust on a wide range of Adult Social Care matters, delivering training where necessary.
- Developing a policy, strategy and procedure relating to Adult Social Care issues.
- Supervising and delivering training to a dedicated legal team and wider Trust colleagues.
We work closely with the Trusts Adult Safeguarding, Learning Disability, Paediatric, Nursing and Intensive Care teams.
Coroners inquests
- Support the Associate Director of Legal Services with the representation of the Trust throughout the Coronial Process.
- Become the Trust Lead for all Inquests where there are questions regarding Mental Health, Mental Capacity and Deprivation of Liberty Safeguards
- Ensure all staff who are involved in the inquest process are suitably supported and understand the process.
- Where necessary brief Counsel and external lawyers
Job description
Job responsibilities
Detailed job description and responsibilities
Lead for the management of the Trusts Court of Protection function.
Provide advice on a range of areas including-
o Consent and capacity for adults and children
o Use of restraint
o Deprivation of Liberty Safeguards (soon to transition to the Liberty Protection Safeguards)
o Mental Health
o End of life decision making
o Inquests that have issues of Mental Health or Mental Capacity
- Experience of conducting all types of litigation in relation to the welfare and property of vulnerable adults including applications to the Court of Protection
- Experience of providing detailed advice to clients both in writing and orally in relation to the Care Act 2014, Mental Health Act 1983 and Mental Capacity Act 2005
- Experience of reviewing client evidence statements
- Preparation of applications to the Court of Protection and experience of involvement of Best Interest Decision making meetings
- Managing a caseload and advising on matters such as mental health, community care, safeguarding, ordinary residence, deprivation of liberty and Court of Protection, including conducting advocacy.
- Advising the Trust on a wide range of Adult Social Care matters, delivering training where necessary.
- Developing a policy, strategy and procedure relating to Adult Social Care issues.
- Supervising and delivering training to a dedicated legal team and wider Trust colleagues.
We work closely with the Trusts Adult Safeguarding, Learning Disability, Paediatric, Nursing and Intensive Care teams.
Coroners inquests
- Support the Associate Director of Legal Services with the representation of the Trust throughout the Coronial Process.
- Become the Trust Lead for all Inquests where there are questions regarding Mental Health, Mental Capacity and Deprivation of Liberty Safeguards
- Ensure all staff who are involved in the inquest process are suitably supported and understand the process.
- Where necessary brief Counsel and external lawyers
Person Specification
Qualifications
Essential
- Qualified Solicitor or CiLEX with minimum of 2 years PQE
- Post Graduate Masters qualification and/or equivalent experience
- Admission as Solicitor of the Supreme Court of England and Wales; or equivalent but must be qualified in the Courts of England and Wales; AND a minimum of 2 years post qualification experience (PQE)
Desirable
- NHS experience
- Postgraduate degree in Medical Law or Medical Law and Ethics.
Person Specification
Qualifications
Essential
- Qualified Solicitor or CiLEX with minimum of 2 years PQE
- Post Graduate Masters qualification and/or equivalent experience
- Admission as Solicitor of the Supreme Court of England and Wales; or equivalent but must be qualified in the Courts of England and Wales; AND a minimum of 2 years post qualification experience (PQE)
Desirable
- NHS experience
- Postgraduate degree in Medical Law or Medical Law and Ethics.
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.
UK Registration
Applicants must have current UK professional registration. For further information please see
NHS Careers website (opens in a new window).
Additional information
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.
UK Registration
Applicants must have current UK professional registration. For further information please see
NHS Careers website (opens in a new window).
