About the job

Job summary

This position is based Nationally

Job description

Official Solicitor and Public Trustee

Grade 7 Lawyer – Civil Litigation Team

Job Title            Lawyer – Civil Litigation Team
Band    Grade 7
Business Group    ALB: Official Solicitor and Public Trustee
Location    National
Last Updated    27 June 2024

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. It is a small niche office with 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, or 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 and Public Trustee also has responsibility for a Trusts and Estates Team, managing Trust & Estates as last resort.
The Official Solicitor also has administrative responsibility for the International Child Abduction and Contact Unit (ICACU) and the Reciprocal Enforcement of Maintenance Orders (REMO) team, front line operational teams conducting work on behalf of the Lord Chancellor in civil justice and cross border co-operation work in the family law context under a number of international instruments.

We have a Grade 7 Lawyer vacancy on our Civil Litigation team. 

The Civil Litigation Post

Job Purpose and Summary

We are looking for a highly motivated qualified lawyer eligible to practice within England and Wales, who can work efficiently in a dynamic work environment. You will need strong communication skills, good self-awareness and a commitment to role model positive behaviours and use feedback to learn and develop as a professional. You will be expected to make confident and informed decisions within your own casework, while also escalating risks and seeking guidance from senior colleagues where appropriate. You must be able to demonstrate specific professional skills, knowledge, and qualifications. You must also be qualified at the point of making the application for this post.

The Official Solicitor’s Civil Litigation team deals with a broad range of cases spanning the spectrum of civil litigation matters in the County Court, High Court, Court of Appeal and Supreme Court, as well as matters before the Parole Board and various tribunals. In these cases, the Official Solicitor usually acts in the role of litigation friend for children or those lacking capacity to litigate on their own behalf, and she instructs external solicitors to advise on and progress the cases. However, a small number of cases are dealt with in-house by the team. 

The work is very varied and often raises complex legal issues. Types of cases managed by the team include Clinical Negligence, Personal Injury, child abuse compensation claims, Landlord and Tenant, Judicial Review, Insolvency, Inheritance Act claims, TOLATA applications, claims under the Human Rights Act, Displacement of Nearest Relative applications under the Mental Health Act, matters before the Parole Board and various tribunals. This is by no means exhaustive but gives a flavour of the wide range of cases that the successful candidate will be managing. In all cases, the aim is to achieve the best possible result in the best interests of the person represented.

The work of the team is fast-paced, and the subject matters can be challenging, including graphic descriptions of abuse and neglect. The post holder will be responsible for the supervision and, in more complex matters, case management of the full range of cases held by the team. The key elements of the role include the management of a diverse personal caseload, the provision of timely and proportionate advice and training to a team of lay case managers, engaging with stakeholders (including members of the legal profession, the judiciary, and experts across a number of disciplines) and adding value to the team’s legal work by identifying and acting on legal developments and risks.

The successful candidate will be expected to take on the full spectrum of Civil Litigation cases. In addition, the Official Solicitor is committed to ensuring flexibility of her resources so the successful candidate may also be expected to take on cases in other jurisdictions, primarily the Court of Protection, as needed.

SKILLS & QUALITIES: 

We are looking for the following legal professional skills:
•    Knowledge and experience (whether academic or in practice) of the Civil Procedure Rules is crucial and knowledge of the Mental Capacity Act and Mental Health Act would be an advantage.
•    Experience and a sound understanding of costs in civil litigation matters. 
•    Sound understanding of public law.
•    Reliable legal judgement and appreciation of legal risk.
•    The ability to think strategically and creatively, see legal issues in their wider context and advise accordingly.
•    Sound analysis, using secure legal research to produce timely and fit for purpose advice.
•    The ability to communicate advice effectively both in writing and orally.
•    Good understanding of the role of lawyers in government.

Essential Criteria

Qualifications 

•    Qualified to practice as a barrister or solicitor, in England and Wales or an advocate or solicitor in Scotland; or
•    Chartered Legal Executives are eligible to apply 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
It is essential that you have experience of using Microsoft computer packages, 

If you would like to discuss the Civil Litigation Lawyer role, or work of the team/office in more detail you can do so by emailing the Senior Civil Litigation Lawyers, Susan Hardie susan.hardie2@ospt.gov.uk or Helen Wood helen.wood@ospt.gov.uk .

Application and selection process

The Civil Service Success Profile will be used to assess suitability.

As part of the application process, we are inviting applicants to submit behaviour examples as detailed below. In addition, a statement of suitability of no more than 1000 words outlining previous employment, and the experience and skills you have gained which are relevant to the role, in particular, the “Skills & Qualities” section of this job description. A test will be administered at interview stage.
Further details around what this will entail are listed on the application form. 
Should a large number of applications be received, an initial sift may be conducted using the lead behaviour, Making Effective Decisions. Candidates who pass the initial sift may be progressed to a full sift or progressed straight to interview.
A reserve list may be held for a period of 12 months from which further appointments can be made.
You will be required to provide evidence of the following behaviours under the success profile (technical skills will also be tested at interview)
•    Making Effective Decisions (Lead)
•    Delivering at Pace
•    Communicating and Influencing
•    Working Together

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 as a minimum 40% of the working week is office based, subject to further notice. National based workers will be appointed to their nearest Justice Collaboration Centre or Justice Satellite Office. 

Person specification

Please refer to Job Description

Benefits

Alongside your salary of £54,358, Ministry of Justice contributes £15,165 towards you being a member of the Civil Service Defined Benefit Pension scheme. Find out what benefits a Civil Service Pension provides.

Things you need to know

Selection process details

This vacancy is using Success Profiles (opens in a new window), and will assess your Behaviours and Experience.https://justicejobs.tal.net/vx/candidate/cms/About%20the%20MOJ

Feedback will only be provided if you attend an interview or assessment.

Security

Successful candidates must undergo a criminal record check. People working with government assets must complete baseline personnel security standard (opens in new window) checks.

Nationality requirements

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)
• 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)

Working for the Civil Service

The Civil Service Code (opens in a new window) 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 (opens in a new window). The Civil Service embraces diversity and promotes equal opportunities. As such, we run a Disability Confident Scheme (DCS) for candidates with disabilities who meet the minimum selection criteria.