About the job

Job summary

This position is based Nationally

Job description

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.

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

Person specification

Please refer to Job Description

Benefits

Alongside your salary of £66,314, Ministry of Justice contributes £18,501 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.