Job summary
An exciting opportunity has arisen to join Black Country Healthcare NHS Foundation Trust and support the development of an in-house Legal Affairs Team.
You will need to have a recognised legal qualification and current professional registration, combined with recent experience in the field of healthcare law, social care law, information governance law as well as clinical negligence.
You should be self-motivated and enthusiastic, with excellent written and verbal communication skills, an eye for accuracy and detail, and a desire to ensure high quality care and services to patients, staff and the public.
You will be responsible for providing legal advice and services to Trust staff across a wide range of matters, including supporting clinical teams in learning from claims and inquests, and contributing to other patient safety initiatives.
An ability to work with minimal supervision and manage day to day systems, processes and teams whilst managing a personal workload is essential.
In return we offer a market leading pension scheme, Flexible working patterns and flexible work locations as well as genuine work-life balance along with a host of benefits including salary sacrifice schemes for cars.
Main duties of the job
Main Duties/ResponsibilitiesInquests:1. Liaise with the Coroner's office and obtain reports/witness statements, identifying relevant clinicians following review of clinical records.2. Identify and provide advice to the Trust Board on complex cases and those where there is potential for an adverse outcome.3. Provide representation and advocacy in the Coroner's Court.4. Provide appropriate support to Trust staff in relation to the Inquest process.Legal Advice:1. To provide professional in-house legal advice and services across a range of matters, but particularly in relation to medico-legal issues;2. To provide professional in-house legal advice in relation to all matters pertaining to Mental Capacity Act 2005, especially serious medical treatment, deprivation of liberty, place of residence and care arrangements.3. To provide advice to Trust's Mental Health Law Team on all matters related to application of Mental Health Act and related frameworks.Litigation:1. Assist in the management of litigation claims against the Trust for clinical negligence and employer and public liability claims, in accordance with pre-action protocols, civil procedure rules and NHS Resolution reporting requirements.2. To undertake factual investigations of clinical negligence, public liability and employers' liability claims against the Trust in accordance with Trust policies and the requirements of NHS Resolution;
Please download the attached Job Description for the full list of duties
About us
We're a Trust that's big enough to make an impact, but small enough to feel personal. We care deeply about our people - both those we support in the community and those who work with us. As our Trust Solicitor you'll play a key role in shaping our future, improving our culture, driving excellence, and helping us deliver compassionate, high-quality care every day.
This is your chance to make a lasting impact. To help us do our best for the Black Country, and for everyone who calls it home.
Black Country Healthcare NHS Foundation Trust provides specialist mental health, learning disability, and community healthcare services for the population of the Black Country. Across the whole of the region, we provide:
Adult and older adult mental health services
Specialist learning disability services
CAMHS
Black Country Healthcare NHS Foundation Trust was formed on 1 April 2020, after NHS England and NHS Improvement approved the merger of Black Country Partnership NHS Foundation Trust and Dudley and Walsall Mental Health Partnership NHS Trust.
Combining resources, strategies and talented workforce enables us to deliver a wider variety of outstanding services that are based on best practice and are continually improving.
As a public body, we are accountable to the people we serve. The Trust Board is responsible for determining the strategy and overall direction of the Trust in an open, honest, and transparent manner.
Job description
Job responsibilities
Please download the accompanying Job Description and Person Specification for the role prior to submitting your application.
Educational Responsibilities:1. To assist in planning and delivering the Trust's programmes for teaching and professional development of staff relating to healthcare-related law generally, delivering lectures and leading seminars as required.Analysis and Data Management:
1. Maintain accurate and up to date information on the legal database.2. Ensure use of computers and computerised data conforms fully to legal requirements and Trust standards.3. Assist in the analysis of trends identified from all activities undertaken by the Legal Affairs Team4. Assist in the production of reports on activities undertaken by the Legal Affairs Team for various Trust Boards/Committees.5. Analyse highly complex matters and alert the Associate Director for Safeguarding and Legal Affairs as appropriate of any rising trends and hotspots, suggesting viable optionsfor reduction and/or corrective action.General:1. Undertake any other duties commensurate with the grade as required by the Associate Director of Safeguarding and Legal Affairs.2. To act in accordance with any delegated operational and financial authority, which can include incurring the cost of expert reports, instruction of barristers, court applications and requests for records.3. Line management and supervision of junior qualified lawyers, pre-qualified lawyers (such as paralegals and trainee solicitors) and support staff as required.
Job description
Job responsibilities
Please download the accompanying Job Description and Person Specification for the role prior to submitting your application.
Educational Responsibilities:1. To assist in planning and delivering the Trust's programmes for teaching and professional development of staff relating to healthcare-related law generally, delivering lectures and leading seminars as required.Analysis and Data Management:
1. Maintain accurate and up to date information on the legal database.2. Ensure use of computers and computerised data conforms fully to legal requirements and Trust standards.3. Assist in the analysis of trends identified from all activities undertaken by the Legal Affairs Team4. Assist in the production of reports on activities undertaken by the Legal Affairs Team for various Trust Boards/Committees.5. Analyse highly complex matters and alert the Associate Director for Safeguarding and Legal Affairs as appropriate of any rising trends and hotspots, suggesting viable optionsfor reduction and/or corrective action.General:1. Undertake any other duties commensurate with the grade as required by the Associate Director of Safeguarding and Legal Affairs.2. To act in accordance with any delegated operational and financial authority, which can include incurring the cost of expert reports, instruction of barristers, court applications and requests for records.3. Line management and supervision of junior qualified lawyers, pre-qualified lawyers (such as paralegals and trainee solicitors) and support staff as required.
Person Specification
All
Essential
- Solicitor/Barrister with current practising certificate
Desirable
- Higher Rights of Audience for Civil Advocacy
All
Essential
- Solicitor/Barrister with current practising certificate
- Minimum 3 years relevant post-qualification experience as a Solicitor/Barrister/Legal Executive
- Experience of working within a legal team
- Experience of handling inquests in the Coroner's Court
- Experience of handling welfare matters in the Court of Protection
- Experience of handling matters in the family court and High Court Family Division
- Experience of managing clinical negligence claims
- Experience of providing advice on data protection and information governance law related matters
- Advocacy experience in a variety of settings
- Teaching/training experience
- Specific experience in healthcare law and providing advice to clinicians.
- Knowledge of the principles and processes of litigation within the UK Courts and Tribunal service.
- Knowledge of key legal issues in the NHS/healthcare, including, but not limited to: oprovision of s117 MHA 1983 aftercare and process of dispute resolution oprovision of treatment under Mental Health Act 1983 oContinuous Healthcare Framework 2023 oCare Act 2014 oMental Capacity Act 2005 oDeprivation of Liberty Safeguards scheme oChildren Act 1989 and relevant care planning regulations; oNHS Act 2006; oHealth and Social Care Act 2008 and relevant regulations oFreedom of Information Act 2000 and relevant regulations oData Protection Act 2018 oMental Health Units (Use of Force) Act 2018 oThe Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 oCivil Procedure Rules 1998 with associated Practice Directions oCourt of Protection Rules 2017 oCoroners and Justice Act 2009 oCoroners (Inquests) Rules 2013 and Coroners (Investigation) Regulations 2013
- Knowledge of relevant statutory obligations.
- Understanding of clinical and corporate governance.
- Knowledge of other forms of litigation such as professional and regulatory processes.
- Able to prioritise your own workload
- Able to work under time pressure and set deadlines
- Ability to gather, write, and provide complex information for others to understand and interpret
- Ability to produce good quality written documentation including case summaries, draft orders, applications, position statements, skeleton arguments and threshold documents, and provide advice in respect of the written evidence being provided by the client.
- Ability to provide advice on law and practice in respect of aspect of the healthcare law, social care law and data protection law.
- Ability to exercise professional judgment and make operational decisions on allocated matters in the context of legal advice and assistance.
- Ability to provide supervision, guidance and support to colleagues across the team.
- Ability to analyse information and risk assess safeguarding situations
- Effective and sensitive handling of difficult information and situations
- Motivational, negotiating and persuasive skills, for example when there is a difference of threshold view in a strategy discussion
- Ability to work across a range of clinical systems, capturing relevant information from different systems
- Ability to influence range of colleagues including senior management and multi-disciplinary teams
- Ability to develop training materials and to deliver training in house to Trust staff, and to provide briefings to senior officers of the Trust and managers, where required on complex points of law and developments in law and practice.
- Excellent written and verbal communication skills
- Ability to effectively communicate both verbally and in writing to a wide range of people
- Flexible and adaptable to changing workload
- Able to work from across various sites and areas where the Trust provides its services and attend hearings and meetings in various parts of the UK.
- Attend the office over minimum 4 working days, with very limited opportunity to work from home.
- Calm and works well under pressure
Desirable
- Higher Rights of Audience for Civil Advocacy
Person Specification
All
Essential
- Solicitor/Barrister with current practising certificate
Desirable
- Higher Rights of Audience for Civil Advocacy
All
Essential
- Solicitor/Barrister with current practising certificate
- Minimum 3 years relevant post-qualification experience as a Solicitor/Barrister/Legal Executive
- Experience of working within a legal team
- Experience of handling inquests in the Coroner's Court
- Experience of handling welfare matters in the Court of Protection
- Experience of handling matters in the family court and High Court Family Division
- Experience of managing clinical negligence claims
- Experience of providing advice on data protection and information governance law related matters
- Advocacy experience in a variety of settings
- Teaching/training experience
- Specific experience in healthcare law and providing advice to clinicians.
- Knowledge of the principles and processes of litigation within the UK Courts and Tribunal service.
- Knowledge of key legal issues in the NHS/healthcare, including, but not limited to: oprovision of s117 MHA 1983 aftercare and process of dispute resolution oprovision of treatment under Mental Health Act 1983 oContinuous Healthcare Framework 2023 oCare Act 2014 oMental Capacity Act 2005 oDeprivation of Liberty Safeguards scheme oChildren Act 1989 and relevant care planning regulations; oNHS Act 2006; oHealth and Social Care Act 2008 and relevant regulations oFreedom of Information Act 2000 and relevant regulations oData Protection Act 2018 oMental Health Units (Use of Force) Act 2018 oThe Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 oCivil Procedure Rules 1998 with associated Practice Directions oCourt of Protection Rules 2017 oCoroners and Justice Act 2009 oCoroners (Inquests) Rules 2013 and Coroners (Investigation) Regulations 2013
- Knowledge of relevant statutory obligations.
- Understanding of clinical and corporate governance.
- Knowledge of other forms of litigation such as professional and regulatory processes.
- Able to prioritise your own workload
- Able to work under time pressure and set deadlines
- Ability to gather, write, and provide complex information for others to understand and interpret
- Ability to produce good quality written documentation including case summaries, draft orders, applications, position statements, skeleton arguments and threshold documents, and provide advice in respect of the written evidence being provided by the client.
- Ability to provide advice on law and practice in respect of aspect of the healthcare law, social care law and data protection law.
- Ability to exercise professional judgment and make operational decisions on allocated matters in the context of legal advice and assistance.
- Ability to provide supervision, guidance and support to colleagues across the team.
- Ability to analyse information and risk assess safeguarding situations
- Effective and sensitive handling of difficult information and situations
- Motivational, negotiating and persuasive skills, for example when there is a difference of threshold view in a strategy discussion
- Ability to work across a range of clinical systems, capturing relevant information from different systems
- Ability to influence range of colleagues including senior management and multi-disciplinary teams
- Ability to develop training materials and to deliver training in house to Trust staff, and to provide briefings to senior officers of the Trust and managers, where required on complex points of law and developments in law and practice.
- Excellent written and verbal communication skills
- Ability to effectively communicate both verbally and in writing to a wide range of people
- Flexible and adaptable to changing workload
- Able to work from across various sites and areas where the Trust provides its services and attend hearings and meetings in various parts of the UK.
- Attend the office over minimum 4 working days, with very limited opportunity to work from home.
- Calm and works well under pressure
Desirable
- Higher Rights of Audience for Civil Advocacy
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.
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).
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.
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).
UK Registration
Applicants must have current UK professional registration. For further information please see
NHS Careers website (opens in a new window).
