Job Description
Legal adviser
Proposed fees and expenses
£525 per day and £262.50 per half day when sitting on a hearing.
£310 for attendance at mandatory training. Expenses will be payable in line with our expenses policy.
Equality, diversity and inclusion
We are committed to embracing equality, diversity and inclusion by promoting and sustaining an open and supportive environment. We want everyone to feel they are able to be authentic and thrive in their role. We expect everyone to have commitment to equality, diversity and in- clusion, both in their role and in how we regulate.
Purpose of the legal advisers
Legal advisers will provide advice on the application of rules and legal matters to a panel of adjudicators across a full range of different hearing types and explain the process to the social worker and other parties to a hearing. Legal advisers are also responsible for drafting the decision of the adjudicators, ensuring it is clear, well-reasoned and comprehensive.
You will provide timely and appropriate legal advice to ensure a fair, transparent, and lawful fitness to practise hearing. You will play an important role in making sure unrepresented social workers understand the process and format of the hearing, as well as ensuring there is fairness and equality between the parties in terms of their abilities to put forward their case.
A legal adviser does not play any part in the adjudicator’s decision making. In order to avoid any perception of bias, legal advisers do not represent anyone involved in the proceedings
(Social Work England or the social worker who is the subject of the proceedings).
Legal advisers are appointed under the Appointment rules 2019. To be eligible to undertake this role, you must be over the age of 18 at the time of appointment, you must be a registered solicitor, barrister or chartered legal executive in England or Wales, an advocate or solicitor in
Scotland, or a member of the Bar of Northern Ireland, or solicitor of the Supreme Court of
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Northern Ireland, with 5 years’ post qualification experience. You must also meet the current requirements for registration with your relevant regulator.
The Fitness to Practise Rules 2019 (as amended) [1] and the Removal from the Register and
Registration Appeals Rules 2019 (as amended) [2], also require us to publish criteria which a person must meet (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment as a legal adviser. You must ensure you can meet all these criteria.
Location
Whilst the majority of our hearings are expected to take place remotely via Microsoft teams, you may be required to attend in-person hearings at our Sheffield offices. You will be required to have access to your own internet-enabled device.
Time commitment
Legal advisers will be expected to commit to at least 25 hearing days per year, some hearings may last half a day other hearings could be listed for 5 days or more. You will be required to attend mandatory training days each year (1-2 days per year) which may be online or in our offices in Sheffield. You will also be expected to complete short ad hoc e-learning modules as and when required (for which a fee will not be paid).
What you will do
- Familiarise yourself with cases by reading papers in advance and assimilating the infor- mation quickly and accurately.
- Provide clear and sound independent legal advice to panels, ensuring that relevant case law has been considered and that advice considers legal and procedural matters as ap- propriate.
- Ensure that parties without representation can present their case and have it consid- ered fully and fairly.
- Ensure that hearings are conducted effectively and fairly, in a manner that reflects an interest in natural justice.
- Support the adjudicators to ensure that hearings take place in public or private as ap- propriate to the case.
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- In conjunction with the adjudicators, ensure that an accurate, fair and comprehensive decision is produced in electronic format to document the adjudicators decision and reasons.
- Refer to and apply the relevant sections of our legislation and policy guidance to assist panels to determine whether fitness to practise is impaired.
- Provide feedback on significant legal risks and issues with procedure to fellow panel members and Social Work England’s hearings team.
- Maintain ethical standards and supporting others to adhere to these throughout the hearing process.
- Attend regular training and engage in annual appraisal.
Your skills and knowledge
- An experienced registered solicitor, barrister or chartered legal executive in England or
Wales, an advocate or solicitor in Scotland, or a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, with 5 years’ post qualification experience.
- You will also meet the current requirements for registration with your relevant regula- tor.
- Sound knowledge of civil or criminal law in England and Wales, the Human Rights Act
1998, the Equality Act 2010 together with other relevant legislation and knowledge of relevant Court decisions.
- Excellent analytical skills with the ability to identify key issues, assimilate information quickly and accurately and manage complex material.
- The ability to provide accurate and timely legal advice on the order and conduct of pro- ceedings or queries that arise in hearings by applying professional expertise and knowledge in different settings.
- The ability to draft accurate and concise written decisions. These should reflect the de- cision made by the adjudicators, ensuring reasoning is both clear and robust whilst com- plying with Social Work England Policies
- Excellent verbal communication, with the ability to give clear and concise advice and in- formation to all parties to the proceedings, in a way that can easily be understood.
- Ability and confidence to raise any concern that a mistake of law is being made and to inform the adjudicators of any irregularity in the conduct of hearings.
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- The ability to work within established policies and procedures and a demonstrable com- mitment to the Nolan Principles for public life.
- Demonstrable commitment to and an understanding of Social Work England’s fitness to practise statutory framework, and evidence of a capacity to remain informed and up to date on current issues.
- Ability to work effectively with others, ensuring that decision making is fair, accurate and legally sound.
- A clear and demonstrable understanding of confidentiality, with respect both to evi- dence and to panel deliberations.
- An understanding of the Data Protection Act 2018 and UK GDPR, how to keep data se- cure, the importance of preventing data security incidents and maintaining confidential- ity.
- The ability to ensure that arrangements are made for a fair hearing, providing support to parties and the adjudicators during hearings in line with legislative and contractual requirements.
- A proven role model for respectful, open and honest behaviour including a demonstra- ble commitment to equality, inclusion and diversity in service delivery.
- Ability to use Microsoft Office products and other electronic systems proficiently.
Our values and behaviours
Our values and behaviours set out how we work. Everyone is expected to behave in a respectful and inclusive way.
Behaviours
Our behaviours framework includes:
- Leading the way
- Working as one team
- Being a business
- Focusing on people, including those with lived experience of social work and registered social workers
- Embracing change
- Respecting each other.
socialworkengland.org.uk 1 North Bank, Blonk Street, Sheffield, S3 8JY4ValuesOur values help us by:
- Providing a framework for work relationships and how we treat each other
- Providing a framework for customer service
- Providing a framework for achieving our vision and increasing the effectiveness of our organisation
- Creating an environment that promotes job satisfaction and emotional safety
By sharing our values, you will contribute to our culture and make this a great place to work.
We describe our values as:
View our behaviours and values framework.
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1 North Bank, Blonk Street, Sheffield, S3 8JY
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Job Type: Permanent
Salary: £525.00 per day
Schedule:
Work Location: Hybrid remote in Sheffield
Reference ID: Legal Adviser
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