Legal Services Manager

3 weeks ago

AshtonunderLyne, United Kingdom Pennine Care NHS FT Full time

Job summary

We are seeking an experienced and enthusiastic Legal Services Manager who can lead our team responsible for the management of Inquests and Claims, and the Mental Health Law Team. An organised, methodical and dynamic individual, with a keen attention to detail will join our Integrated Governance Team.

The role will require a knowledge of relevant legislative frameworks and experience of working in this area. They will need an interest in quality, organisational learning and governance as well as an ability to build effective and professional relationships both within the Trust and externally with key stakeholders, representing the Trust where necessary.

The successful candidate will need to have excellent communication skills, have a solution focused approach, be self-motivated and can challenge and influence to enable effective and sustainable change.

Main duties of the job

The main duties of the role are to manage and professionally lead the Legal Services Department and Mental Health Law team with line management of the Legal Coordinator and Mental Health Law Manager. Support and develop these staff and encourage growth in respect of skills and professional competencies, with oversight of roles reporting into each. This includes supervision, performance reviews and development of annual personal development plans.

This role will lead on Coronial activity, claims against the Trust and all matters in this area. They will also provide leadership for specialist litigation, including application of the Mental Health Act, the Mental Capacity Act and Deprivation of Liberty Safeguards, with working knowledge of the Court of Protection and activities of the High Court.

The role requires the production of regular reports which inform organisational understanding of activity and performance for all areas of responsibility, and support the appreciation of risk arising from Coronial activity, claims, legal challenge and complex situations which may result from the application of legal frameworks. This includes annual reports for both legal services and the mental health law team.

To analyse claims, inquests and other legal trends and report these through the appropriate governance structures and externally as required This requires details analysis and judgement of clinical and non-clinical reports, Court Judgements, case law and Coroners conclusions.

About us

Pennine Care NHS Foundation Trust is an inclusive and flexible place to work, with a focus on staff wellbeing and creating a culture in which its four values, fairness, determination, kindness and ingenuity are visible in everything we do.

Job description

Job responsibilities

Legal services

To provide a source of specialist knowledge in relation to the Coronial process and mechanisms for managing and resolving claims brought against the Trust. To support the legal services team in providing a high standard of support and service to both internal and external stakeholders, in efficient management of cases, with fine attention to detail and effective preparation for witness evidence. To ensure there are effective mechanisms within the team for the understanding of each case, in conjunction with service managers and clinical staff, to recognise potentially problematic areas which may require further investigation and reporting for purposes of inquest. To provide assurance that all possible steps have been taken to avoid an adverse outcome, with provision of the same evidence to HM Coroner. To support the team in case management, including the choice of witness, preparation and content of witness statements. To offer support and advice to all staff involved in the process and liaise with managers as required. To maintain oversight of activity within the team and monitoring of the same with focus on compliance with deadlines and disclosure instructions both as part of a Coronial and litigation process. Where necessary to undertake case management of potentially challenging inquests and claims, specifically those which carry a level of risk for the organisation, but where external representation is not required To risk assess cases and arrange for the instruction of external legal representation where this is considered to be necessary. To analyse, brief and advise Service Directors and clinical Leads of the Coroners findings and where appropriate, in conjunction with relevant clinical staff provide the Trusts response to requests for additional assurances, or Regulation 28 reports. To be accountable for briefing and as required reporting formally to the Board, Executive Directors and other senior leaders on sensitive legal matters that might have significant operational, financial and or media interest. This requires the assimilation of complex information, communicated in a straightforward and concise manner, ensuring all relevant issues are addressed and risk appropriately assessed, to support effective decision making. To provide oversight of the clinical negligence claims management process, to ensure compliance with the relevant protocols, legislation and NHSLA guidelines To review and audit on a regular basis the progress of claims and consider very detailed and sensitive information including medical records, witness statements, expert reports and external legal advice and to exercise judgement regarding the strategy of the claim. To ensure that there are mechanisms in place to identify and refer patient safety matters and concerns, issues of staff safety and risks to the public which might arise from the review of Coronial cases and claims for appropriate escalation and investigation, ensuring all members of the team work in this collaborative way. To work with clinical and corporate leadership teams to ensure that lessons are learned in the claims management and inquest process and implemented in the Trust.

Mental Health Law

Lead on Mental Health Law issues for the Trust, ensuring robust systems and processes are developed and operate effectively. The post holder will be responsible for building and maintaining effective information systems to support the tracking and reporting of key information in relation to mental health law and governance. To support teams in relation to application of the appropriate legislative frameworks, obtaining cost effective and timely legal advice where appropriate on Mental Health Law issues. Advise MDT meetings and support the Mental Health Law Manager in the same. To provide advice where appropriate on matters involving the Court of Protection and oversee proceedings to ensure compliance with High Court orders and protect the Trusts position in proceedings. To risk assess cases and arrange for the instruction of external legal representation where this is considered to be necessary. Ensure development of systems to ensure all issues raise by the CQC as part of their mental health act visits are addressed and reported appropriately and in a timely way. To use any intelligence obtained through this mechanism to inform effective decision making and self assessment of performance. To support the Mental Health Law Manager in the effective management and coordination of the governance groups which provide assurance within the broader Trust framework. Ensure that the responsibilities of the Trust Board undertaken by the Associate Hospital Managers are effectively discharged, with regular reporting of performance, outcomes, supervision and training. Person Specification

Experience

Essential

Years experience within a legal field or doing a similar role

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