Job summary
The Legal Team is a part of NHS England's Delivery Directorate and provides legal advice, support and expertise to the whole organisation to promote good decision making, controls and accountability to Parliament and to deliver better outcomes for patients. We provide an accessible, high quality legal service that enables NHS England to comply with the law, manage legal risk, make effective decisions and demonstrate itself as being a well-run leader of the NHS. The team is made up of a number of sub/mini teams known as Domains, each specialising in a particular area of law. This role sits within the Information Law Domain.
Main duties of the job
The Information Lawyer is a key member of the Information Law team, reporting into the Head of Information Law. s to ensure NHSE is a legally compliant organisation, in all internal and external undertakings, to advise upon and manage all aspects of legal risk and to make sure NHSE makes the most effective use of its legal powers for the benefit of patients.
You will advise on the underpinning legislation for NHSE, to senior decision makers often personally and at pace, as well as maintaining and improving an agile advice service for others in the organisation. This frequently means having a fast, solution focus that is able to articulate risk and opportunity to facilitate informed and efficient decision making.
Candidates will also need a high degree of resilience, the ability to deal with ambiguity, and excellent communication skills. You will need to have or rapidly build good relationships for this network to support good decision making and risk management.
The NHS is committed to building an inclusive personal, fair and diverse health and care system and a workplace where belonging, equity, diversity and inclusion are treasured. We welcome applications from candidates of all backgrounds.
About us
NHS England leads the NHS in England to deliver high quality care for all. We support NHS organisations to deliver better outcomes for our patients and communities, work to get the best possible value for taxpayers, and drive improvement across the NHS.
In April 2023, NHS England, NHS Digital, and Health Education England merged to create a new, single organisation to lead the NHS in England. This new NHS England is designed to create a simpler, smaller, high performing, organisation that leads the NHS more effectively and is a better place to work. Speaking with one voice to the service.
The new NHS England board have set out the top-level purpose for the new organisation to lead the NHS in England to deliver high-quality services for all, which will inform the detailed design work and we will achieve this purpose by:
- Enabling local systems and providers to improve the health of their people and patients and reduce health inequalities.
- Making the NHS agreat place to work, where our people can make a difference and achieve their potential.
- Working collaboratively to ensure our healthcare workforce has the right knowledge, skills, values and behaviours to deliver accessible, compassionate care
- Optimising the use of digital technology, research, and innovation
- Delivering value for money.
If you would like to know more or require further information, please visit https://www.england.nhs.uk/ .
Job description
Job responsibilities
Candidates for the role will be responsible for:
- Supporting the Head of Information Law in theoperationof the Information Governance Domain, including supervising more junior information lawyers and paralegals, overseeing the provision of legal advice by external law firms.
- Delivering timely, practical, and solutions-focused legal advice on a variety of complex data driven services including advising on:
-
- new technologies, data processing and analytical methods; machine learning and big data initiatives; and privacy by design;
- key data protection compliance documentation including Data Protection Impact Assessments and Privacy Notices. You will also advise NHS England on compliance with statutory information requests, including the application of exemptions and may carry out and advise on internal reviews of our handling of information requests;
- personal data breaches, including reporting and notification and advise on complaints and investigations by the Information Commissioners Office, including drafting written responses and submissions where appropriate;
- general privacy related complaints and legal claims and proceedings as they relate to data protection, confidentiality, privacy, and freedom of information
In addition to the provision of legal advice the role holder will be involved in a variety of organisational activities across the Information Law domain], and the wider Legal Team more generally, including
- advising on various legal issues arising in relation to NHS Englands strategic and operational functions; the post holder may be expected to develop into new relevant areas where advice is needed and may be required to focus on particular areas of legal work
- advising on NHS legislation and the statutory functions of NHS bodies, in relation to the functions of NHS England, focussing on particular specialisms/domains as agreed
- advising on and applying knowledge of the principles of public law and of relevant Information law and processes
- liaising effectively with internal policy and operational colleagues in relation to the matters on which they are advising and being a point of contact for some areas of the business
- advising on legal aspects of governance and decision-making, working in conjunction with colleagues in the Legal Team and the Governance team where appropriate
- supporting the general operations of the Legal Team, complying with key processes and procedures and supporting the delivering all necessary business and reporting returns
- supporting implementation of systems to ensure information and knowledge is properly managed and best practice is shared across the team, Directorate and the wider organisation.
- supporting organisational change and uptake of initiatives that support excellence in legal practice
- implementing systems to ensure information is properly managed and best practice is shared across the team, Directorate and the wider NHS organisations as appropriate.
- participating in the provision of training and development for both the Legal Team and the wider organisation
- ensuring best value use of external law firm
You can find further details about the job, organisational structure, recruitment profile, expected outcomes and benefits information in the attached Job Description and other supporting documents.
Salary Progression Applicants will commence at the bottom of Band 8b with a full-time starting salary of £58,972, with a pay step increase after 5 years service. For posts based in Inner London, the above salaries will include the additional supplement of 20% of basic salary, subject to a minimum payment of £5,132 per annum and a maximum payment of £7,746 per annum. This is offered in accordance with NHS Terms and Conditions and is based on office location.
Job description
Job responsibilities
Candidates for the role will be responsible for:
- Supporting the Head of Information Law in theoperationof the Information Governance Domain, including supervising more junior information lawyers and paralegals, overseeing the provision of legal advice by external law firms.
- Delivering timely, practical, and solutions-focused legal advice on a variety of complex data driven services including advising on:
-
- new technologies, data processing and analytical methods; machine learning and big data initiatives; and privacy by design;
- key data protection compliance documentation including Data Protection Impact Assessments and Privacy Notices. You will also advise NHS England on compliance with statutory information requests, including the application of exemptions and may carry out and advise on internal reviews of our handling of information requests;
- personal data breaches, including reporting and notification and advise on complaints and investigations by the Information Commissioners Office, including drafting written responses and submissions where appropriate;
- general privacy related complaints and legal claims and proceedings as they relate to data protection, confidentiality, privacy, and freedom of information
In addition to the provision of legal advice the role holder will be involved in a variety of organisational activities across the Information Law domain], and the wider Legal Team more generally, including
- advising on various legal issues arising in relation to NHS Englands strategic and operational functions; the post holder may be expected to develop into new relevant areas where advice is needed and may be required to focus on particular areas of legal work
- advising on NHS legislation and the statutory functions of NHS bodies, in relation to the functions of NHS England, focussing on particular specialisms/domains as agreed
- advising on and applying knowledge of the principles of public law and of relevant Information law and processes
- liaising effectively with internal policy and operational colleagues in relation to the matters on which they are advising and being a point of contact for some areas of the business
- advising on legal aspects of governance and decision-making, working in conjunction with colleagues in the Legal Team and the Governance team where appropriate
- supporting the general operations of the Legal Team, complying with key processes and procedures and supporting the delivering all necessary business and reporting returns
- supporting implementation of systems to ensure information and knowledge is properly managed and best practice is shared across the team, Directorate and the wider organisation.
- supporting organisational change and uptake of initiatives that support excellence in legal practice
- implementing systems to ensure information is properly managed and best practice is shared across the team, Directorate and the wider NHS organisations as appropriate.
- participating in the provision of training and development for both the Legal Team and the wider organisation
- ensuring best value use of external law firm
You can find further details about the job, organisational structure, recruitment profile, expected outcomes and benefits information in the attached Job Description and other supporting documents.
Salary Progression Applicants will commence at the bottom of Band 8b with a full-time starting salary of £58,972, with a pay step increase after 5 years service. For posts based in Inner London, the above salaries will include the additional supplement of 20% of basic salary, subject to a minimum payment of £5,132 per annum and a maximum payment of £7,746 per annum. This is offered in accordance with NHS Terms and Conditions and is based on office location.
Person Specification
Qualifications
Essential
- Solicitor, Barrister or Chartered Legal Executive with significant post-qualification experience, legally qualified to practice Law in England and Wales.
Knowledge
Essential
- Good Information Law knowledge and relevant experience of providing information law advice in a healthcare/public body context and including UK Data Protection Laws, Common-law duty of confidentiality and freedom of information laws.
Desirable
- Wider subject matter expertise across key areas relating to health and public law.
Experience
Essential
- Some relevant experience of providing information law advice in an information technology and data driven context
Desirable
- Experience of providing legal services to the NHS or other public bodies.
Person Specification
Qualifications
Essential
- Solicitor, Barrister or Chartered Legal Executive with significant post-qualification experience, legally qualified to practice Law in England and Wales.
Knowledge
Essential
- Good Information Law knowledge and relevant experience of providing information law advice in a healthcare/public body context and including UK Data Protection Laws, Common-law duty of confidentiality and freedom of information laws.
Desirable
- Wider subject matter expertise across key areas relating to health and public law.
Experience
Essential
- Some relevant experience of providing information law advice in an information technology and data driven context
Desirable
- Experience of providing legal services to the NHS or other public bodies.
Additional information
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).
