Legal Services Manager

Job description

Job responsibilities

Responsibilities: Litigation

1. To lead on the management and handling of all clinical claims made against the Trust in accordance with relevant pre-action protocols, civil procedure rules and NHS Resolution reporting requirements, performing all functions as required.

2. To be the nominated Trust contact for the NHS Litigation Authority (NHSLA).

3. To oversee the reporting of new legal claims including timely provision of documents and statements against the Trust promptly, and in accordance with NHS Litigation Authority (NHSLA) reporting guidelines.

4. To liaise with trust employees and external organisations, including the NHS Litigation Authority, solicitors, litigants in person, HM Coroner, clinical experts and other NHS organisations in order to facilitate the effectiveness and efficiency of the trust's claims function.

5. Review statements and reports from witnesses and response letters. suggesting re-drafts where warranted and requesting formal legal review from Trust solicitors when necessary.

6. To oversee the initial investigation into allegations of clinical negligence made by the claimant/ claimant's solicitors.

7. Communicate highly contentious, sensitive information to patients, claimants and staff.

8. Attend case conferences, court hearings, round table meetings and mediations on behalf of the Trust with the support of Counsel where necessary.

9. Provide face to face and telephone advice to staff who are to write reports or are called as witnesses and to facilitate formal support via Trust solicitors when required.

10. Advise the Head of Patient Safety & Legal Services, Medical Director, Chief Nurse, Deputy Chief Nurse and Associate Director for Quality Governance of any incidents, potential risks or recommendations discovered through clinical claims which may impact on the risk management policy trust wide.

11. To answer basic queries, instructing Trust solicitors where formal advice is needed in accordance with the Trust Protocol for Accessing Legal Services.

Responsibilities: Inquests

1. To lead on the management of inquests involving the Trust and attend inquests to support staff and represent the Trust as required.

2. To identify those inquests which may require legal representation and to instruct solicitors via NHS Resolution as required.

3. To lead on the management of requests from HM Coroners, to gather and provide relevant information and identify witnesses in respect of inquests.

4. Scrutinise medical records to identify the relevant consultants and clinicians involved in the care of the deceased patient, obtaining necessary reports for disclosure to HM Coroner, as well as identifying potential claims from the circumstances leading to the death.

5. Liaise with the Head of Patient Safety & Legal Services, Lead for Learning from Deaths, and Complaints Manager to ensure any investigations or complaints are linked to the inquest and all reports are collated.

6. Act as the point of contact with the coroners offices in relation to inquests in which the Trust is involved, ensuring that the relevant Trust teams receive timely notifications of death, that requests for statements are actioned and requirements to attend are dealt with.

7. Ensure all staff called to give evidence are supported, including giving advice on writing statements and giving evidence.

8. Coordinate and attend pre-inquest meetings with witnesses and solicitors (if appointed).

9. Advise and assist the Head of Communications with drafting press statements ahead of inquests which may result in media interest.

10. Update Executives on any high-risk inquests

11. Ensure the Trust complies with its duties in relation to the coronial legislation.

12. Provide a summary from the outcomes of all inquests to senior teams and those involved, in a sensitive and timely manner.

13. Work with the Trusts appointed solicitors to commission training for all relevant staff on key aspects of coronial law.

Responsibilities: Legal Advice

1. To commission legal advice as required on a variety of issues

2. To assist in the appointment of Trust solicitors

3. To act as the principal point of contact for staff wishing to obtain legal advice in appropriate areas

4. Assist in the review of or drafting and advice on Trust policies, draft contracts and other legal documents

Responsibilities: Education

1. To assist in the development and delivery of educational programmes related to patient legal issues at all levels across the organisation.

Responsibilities: General

1. To ensure that claims and inquest policies are up-to-date and maintained.

2. To maintain the Datix legal database module (for claims and inquests) to ensure that it meets the requirements of the NHS Litigation Authority.

3. Act as liaison manager with police authorities for serious criminal investigations and to provide help and assistance to staff with statement writing and court appearances.

4. To effectively manage resources, ensuring legal costs are proportionate to the particular case matter.

5. To appraise and develop staff within the department and support them with appropriate training.

6. To produce quarterly litigation reports for corporate committees.

Person Specification

Knowledge & Experience

Essential

• Educated to degree level and/or equivalent professional qualification
• Specialist training diploma, or theoretical and practical experience e of claims management and inquests

Skills & Abilities

Essential

• Experience as a law clerk, paralegal, Legal Executive or equivalent in public or private practice
• Understanding of governance processes within the NHS
• Good understanding of the function of NHS Resolution, its reporting process, and the claims management process
• Detailed knowledge of the Clinical Negligence Scheme for Trusts (CNST) and the Liabilities to Third Parties Scheme (LTPS)
• Good understanding of legislation that applies to the NHS such as the Data Protection Act 1998 the Access to Health Records Act 1990, the Mental Capacity Act 2005

Desirable

• Experience as a Legal Services Manager in the NHS or a practising solicitor in medical negligence, or similar relevant experience

Personal Qualities

Essential

• Highly developed communication skills with the ability to communicate on highly complex matters and difficult situations both verbally and in writing.
• Ability to provide and receive, convey and present highly complex, sensitive and contentious information. Ability to communicate effectively with all levels of staff.
• Good networking and organisational awareness.
• Ability to analyse complex medical cases/claims and draw out conclusions.
• Tact and negotiating skills
• Knowledge of PSII and other learning response processes in line with PSIRF
• Ability to present training materials to large groups of staff at all levels.
• Dynamic investigation and inquisitive enquiry skills.

Other

Essential

• Accustomed to working in a busy environment
• Adaptability, flexibility and ability to cope with uncertainty
• Willing to engage with and learn from peers, other professionals and colleagues in the desire to provide or support the most appropriate interventions
• Professional calm and efficient manner
• Effective organiser/prioritisation skills
• Attention to detail
• Highly motivated with the ability to influence and inspire others
• Ability to work independently but to maintain links with the team and to seek assistance as required
• Able to maintain discretion regarding sensitive issues
• Flexible approach to the working day.

Desirable

• Demonstrates a strong desire to improve performance and make a difference by focusing on goals

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).

Employer details

Employer name

Whittington Hospital NHS Trust

Address

Whittington Health Trust

Magdala Avenue

London

N19 5NF

Employer's website

https://www.whittington.nhs.uk/ (Opens in a new tab)