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Grade 7 Court of Protection (Property and Affairs) Lawyer
Job Title Lawyer – Property and Affairs
Band Grade 7
Business Group ALB: Official Solicitor and Public Trustee
Location National
Last Updated 28 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. 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.
We have a Grade 7 lawyer vacancy on our Property and Affairs (Court of Protection) team.
Property and Affairs (PAA) Team
The Official Solicitor acts as both litigation friend and solicitor in proceedings relating to the property and affairs of those who lack capacity (“P”). PAA lawyers are responsible for all aspects of the case management and conduct of litigation in matters referred to the Official Solicitor from the Court of Protection, by way of an invitation to act as litigation friend for P in PAA applications to authorise:
execution of a statutory will/codicil,
the making of a 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;
contested deputyship or attorneyship applications.
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 advocate to the court in this specialist area.
PAA lawyers advise the Official Solicitor and others in the office in relation to property and affairs matters and also provide legal support to the Trusts and Estates team.
Job Purpose And Summary
We are looking for a highly motivated qualified lawyer eligible to practice within England and Wales to join the busy Official Solicitor’s Property and Affairs Team.
The successful applicant will work to the Senior Lawyer of the PAA team and will be expected to fulfil all elements of a lawyer role, together with contributing to the organisation’s corporate objectives. 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 successful applicant will 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 Trust and Estates case management team.
Skills And Qualities
Qualification for appointment is 2 years post qualification experience as a solicitor or barrister.
Candidates will be expected to have experience in private client work including the drafting of wills, deeds, settlements, administration of trusts and estates and knowledge of tax planning, plus familiarity with the Mental Capacity Act 2005 and the Court of Protection Rules and practice.
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.
Advocacy 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 Senior Lawyer for the Property and Affairs team Victoria Newey, by email [email protected].
Application Process
The Civil Service Success Profile will be used to assess suitability.
Success Profiles - Civil Service Behaviours (publishing.service.gov.uk)
We are also inviting applicants to submit an up to date CV.
You will also be required to provide evidence of the following behaviours at interview.
Making Effective Decisions (Lead)
Delivering at Pace
Communicating and Influencing
Working Together
Seeing the Big Picture
There will also be a technical exercise at interview by way of a case study.
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.
This is an exciting and interesting area of work which offers unique challenges and provides great openings for continuous learning.
Person specification
Qualifications
Please refer to Job Description
Qualification for appointment is 2 years post qualification experience as a solicitor or barrister.
Behaviours
We'll assess you against these behaviours during the selection process:
Making Effective Decisions
Delivering at Pace
Communicating and Influencing
Working Together
Seeing the Big Picture
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.
Access to learning and development
A working environment that supports a range of flexible working options to enhance your work life balance
A working culture which encourages inclusion and diversity
A Civil Service pension with an average employer contribution of 27%
Annual Leave
Public Holidays
Season Ticket Advance
For more information about the recruitment process, benefits and allowances and answers to general queries, please click the below link which will direct you to our Candidate Information Page.
Link: https://justicejobs.tal.net/vx/candidate/cms/About the MOJ
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 the MOJ
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.
Diversity and Inclusion
The Civil Service is committed to attract, retain and invest in talent wherever it is found. To learn more please see the Civil Service People Plan (opens in a new window) and the Civil Service Diversity and Inclusion Strategy (opens in a new window) .
This vacancy is part of the Great Place to Work for Veterans (opens in a new window) initiative.
Once this job has closed, the job advert will no longer be available. You may want to save a copy for your records.
Appointment to the Civil Service is governed by the Civil Service Commission’s Recruitment Principles. I you feel a department has breached the requirement of the Recruitment Principles and would like to raise this, please contact SSCL ([email protected]) in the first instance. If the role has been advertised externally (outside of the Civil Service) and you are not satisfied with the response, you may bring your complaint to the Commission. For further information on bringing a complaint to the Civil Service Commission please visit their web pages: http://civilservicecommission.independent.gov.uk/civil-service-recruitment/complaints/