Legal Services Officer

The senior legal officer post will be expected to work as part of the Trusts legal team, carrying a caseload of both inquests and claims. Reporting to the Head of Legal Services, this post will share some managerial responsibility for the oversight of the wider team, and for responding to ad hoc legal queries; along with representing the Trust at Coroner's court. This post will also be involved in the provision of training and support to staff groups in relation to legal issues., The post holder will be required to manage a mixed case load of clinical negligence/employer and public liability claims, Inquests and provide advice and guidance on Trust policies relevant to claims management, Coronial law and, where appropriate, on healthcare related legal matters escalating as appropriate to the Head of Legal. The post holder is responsible for ensuring the Trust is compliant with Civil Procedure Rules (CPR) and HMC Rules and Regulations and relevant national and local policy with appropriate support and technical guidance from the Head of Legal. The post holder will be responsible for overseeing the day-to-day operational management of the Trust legal team. The post holder will assist in the team's liaison with NHS Resolution, HM Coroner, external panel law firms and senior members of the Trust's Corporate Affairs management team and senior clinicians and operational colleagues. The post holder will, where appropriate, provide advice and guidance relating to healthcare related legal matters, and facilitate securing appropriate advice and guidance from both internal and external legal advisers and other external stakeholders under the direction of the Head of Legal and Director of Corporate Affairs.Working for our organisation The Legal Team at ELHT coordinate both inquests and claims on behalf of the Trust. The team sits within the wider Quality Governance team as part of the Executive Medical Director portfolio., Claims Management · To manage and co-ordinate a caseload of litigation claims, (excluding employment tribunal and commercial claims) clinical negligence and employer/public liability cases in accordance with CPR and relevant pre-action protocols. · To ensure that new claims provide sufficient information relating to allegations of negligence in accordance with relevant Pre-Action Protocols and internal policies as applicable. · To provide all appropriate support and liaison with clinical and operational colleagues who are relevant witnesses or persons able to assist with potential or actual litigation, in conjunction with external Trust solicitors' when necessary. · To provide advice and direction to clinical and operational management staff on appropriate approaches and strategies for claims. This includes the management of contentious cases which is focused on achieving resolution. · To undertake preliminary analysis of medical records and produce a synopsis of claimant care which should identify relevant clinicians and assess litigation risk. · To be responsible for initial assessment of claims and subsequently ensuring all claims deemed 'reportable' under CNST Reporting Guidelines are reported in a timely manner to NHSR. · To ensure that all claims where complex issues arise are identified by the team and are appropriately escalated to the Head of Legal for advice and direction. Coroners' Inquest Management · To manage and co-ordinate a caseload of Amber RAG rated Inquest files. · To assist the Head of Legal Services on Red RAG rated Inquest files and to support the Legal Services Team on all other Inquests as appropriate. · To ensure the Trust complies with its duties in relation to the relevant legislation, Coronial Rules and Practice Directions. · To review all relevant reports and witness evidence and escalating as necessary to the Head of Legal and/or Director of Corporate Affairs and Senior Clinical Management team as appropriate. To ensure the legal team works consistently in the management of the same. · To ensure the smooth organisation of complex inquests involving all relevant Trust departments including risk, patient services and communications. · To consider and facilitate, when appropriate and following discussion with Head of Legal, the instruction of external legal advice/representation. · To monitor HM Coroners' cases (specifically following receipt of a Regulation 28 Report) and claims, to identify and act on risk issues arising from their investigation. · To provide in-house support and guidance for Trust staff attending Inquests. · To provide cross site cover and appropriate deputy support for the Head of Legal when required to meet operational requirements and provide cover for periods of leave. · To act as an expert resource for legal team members and wider staff in relation to legal aspects of claim investigations, complaints handling and management of inquest proceedings, both technical and practical. · To prepare reports for Divisions as and when required analysing inquests and claims data and presenting this at divisional or other meetings. · To ensure the legal team key performance indicator dashboard is up to date and in line with best practice. COMMUNICATION · To provide specialist legal advice in relation to the clinical care of patients/clients, liaising directly with the treating medical and nursing teams, thereby contributing directly to patient care. · To advise medical/nursing staff regarding issues affecting patient care and general health care, such as the law relating to consent, capacity, best interests as appropriate and escalating complex issues as appropriate to the Head of Legal with the aim of contributing to and informing treatment plans and clinical decisions regarding ongoing care. · To liaise with the PALS/complaints team on complex or contentious complaints cases as necessary where there is the potential for subsequent litigation or where a legal opinion is required. · To instruct appropriate experts as and when required to assist in internal Trust Investigations · To liaise closely with the Medical Examiner Officers (internal) and Coroners' office to facilitate full engagement with the Coronial process including obtaining relevant reports and witness statements, identifying relevant clinicians through review of relevant medical records. · To liaise with NHS Resolution and Panel Solicitors as necessary to ensure appropriate provision of patient information in support of inquests and claims management and to ensure application for the funding of inquests representation is provided in line with national guidance. The post holder will be required to have regular contact with: Internal: · Head of Legal · Assistant Director of Quality and Safety · Complaints/Patient Liaison Services · Bereavement/Medical Examiner office · Medical Director and senior clinicians/nursing team · Clinical Governance/investigation/patient safety teams · Senior Operational Management External: · NHS Resolution · HM Coroners' Office · Panel and third-party solicitor firms · Police · Local authorities TRAINING AND DEVELOPMENT · To ensure all core skills and mandatory training requirements are always up to date, in line with Trust requirements. · To develop and deliver Consent, Duty of Candour, Coroner and Claims management training packages to a variety of staff groups at different levels in conjunction with clinical governance, patient safety, and education teams as appropriate. · To support the development and training of legal and governance team colleagues. · To provide support and supervision to team colleagues in the management of the points including regular review of all on-going inquest matters and appropriate escalation to Head of Legal Services and management. · To participate in an annual appraisal against individual personal development plan and service objectives, and to provide the same for direct reports. ORGANISATIONAL RESPONSIBILITIES · To be responsible for the day-to-day operational management of the team. and to support the management of operational HR matters including absence management, appraisals, disciplinary and performance management. · To be responsible for the authorisation of payment of costs/compensation only in accordance with the Trust Standing Financial Instructions. · To assist in the monitoring of incidents and claims to identify and to escalate any identified Trust-wide risk issues arising from their investigation and proceedings with a focus on identifying aspects of learning and patient safety improvement. · To liaise with the Quality Governance team and appropriate divisional colleagues to ensure remedial actions are properly identified, implemented, and monitored. · To contribute to management groups and developing the objectives for the legal team, and undertake specific projects required. · To regularly participate in multi-disciplinary meetings advising Trust legal matters e.g. PSIRI and Complex case advising on potential risks. PROFESSIONAL RESPONSIBILITIES · Maintain professional registration on the Roll of Solicitors. · Maintain own professional competence and undertake ongoing personal and professional development in line with Trust and Solicitors' Regulation Authority Code of Conduct (SRA). · To identify ways of improving departmental processes, policies, and systems to enhance the smooth running of the Legal Services department, in conjunction with the Head of Legal and colleagues. · To provide support to the Head of Legal in ensuring procedures are introduced throughout the Trust in line with the Clinical Negligence Scheme for Trusts (CNST). · To act in accordance with the Code of Conduct for NHSR Managers. Information System and Management

• To work closely with Information teams and Quality Governance Teams to improve data quality and support accurate reporting and key information performance.
• To use Datix to develop management reports and performance management regarding claims. To ensure that available data and knowledge is used appropriately to inform decision making.
• To take contemporaneous notes of evidence from court/ inquests.
• To undertake audits to demonstrate the effectiveness of the policy and management of claims and inquest developing action plans to ensure that there is continual improvement in the performance of the Legal Services Team.
Research and Development
• To undertake and support the Trust understanding of litigation costs with clinical teams using for example GIRFT or NHSR data (scorecards).
• To liaise, in particular, with colleagues in Clinical Risk, Customer Relations, Information Governance and Safeguarding to inform and improve patient safety.
  
  CILEX or Law Degree, Chartered Institute of Legal Executives (CILEX) qualification up to fellowship level, Experience in specialist field of NHS Law e.g. Clinical negligence, personal injury, property, employment law.
• Experience of working in a busy business administration environment
• Experience of working on own initiative and to tight deadlines
• Experience of working with complex, sensitive and confidential information
• Experience of using electronic filing / case management systems
• Experience of working in a legal office / firm
• Experience of complaints and serious incident frameworks within the NHS
• Experience of managing inquest process
• Able to effectively communicate highly complex information both verbally and in writing to a wide range of audiences
• Able to adopt a range of communication styles appropriate to the situation and audience
• Day to day management of administration support colleagues
• Ability to identify legal issues or coronial issues that require escalation to or advice from Head of Legal Services or Legal Services Officer.
• Ability to analyse and interpret medical records, reports from clinicians.
• Ability to provide legal advice to NHS employees faced with difficult and distressing situations
• Ability to liaise compassionately with family in an inquest setting
• Ability to maintain concentration to produce a high standard of work which deals with conflicting demands and interruptions, Access to a Vehicle for work purposes
• May be required to cover for colleagues during periods of absence, including annual leave and sickness
• Demonstrable skills in written and spoken English, adequate to enable the post holder to carry out the role effectively, You must have appropriate UK professional registration.
  
  At East Lancashire Hospitals NHS Trust our vision is to be widely recognised for providing safe, personal and effective care. We currently provide high quality services and treat over 600,000 people across East Lancashire and the surrounding area. We employ over 9,500 staff, many of whom are internationally renowned and have won awards for their work., The Trust is an equal opportunities employer, committed to improving the working lives of our staff and operates a 'Zero Tolerance' policy to aggression, violence, bullying and harassment. In addition, our aim is to help protect children and vulnerable adults by providing a first-class service to the recruitment of people into positions of trust.
We aim to employ a workforce that reflects the diverse communities we serve. We welcome applications from everyone irrespective of ethnic origin, gender, age, gender identity, sexual orientation, religion, marital status, disability or social background. We especially welcome applications from members of our black, Asian and minority ethnic (BAME) communities, as we have identified that ELHT has an under-representation of BAME employees. Appointments will be made on merit.

It is important you are made aware of the following as regards your application to East Lancashire Hospitals NHS Trust
• Please note that the salary advertised is for full time hours. If this post is less than 37.5 hours per week, the salary will be pro-rata. For posts on Agenda for Change pay-scales, new entrants to the NHS will normally commence on the first pay point of the relevant band.
• This vacancy may close before the closing date if the recruiting manager deems sufficient applications have been received. Therefore it is advised to complete your application as early as possible to avoid disappointment.
• Please ensure you check the email account from which you apply regularly as we will use this to contact you regarding your application.
• Please note that shortlisting is completed anonymously with candidates being assessed against the essential criteria for the post. Therefore only applicants, who can clearly demonstrate how they meet our person specification criteria in their application, will be short-listed.
Disclosure and Barring Scheme (DBS) If the role you are applying for is identified as either controlled or regulated activity as defined in in the Safeguarding vulnerable Groups Act (2006) any offer of employment is provisional upon a satisfactory DBS check being obtained. The healthcare sector is exempted from the Rehabilitation of Offenders Act 1974. In line with other NHS organisations in the North West Region, the Trust is now passing the charge for undertaking a DBS check on to candidates in the event they are successfully appointed into the post for which they have applied. Candidates can choose whether to pay this over 1-3 months as a deduction from the monthly salary. However, if you are applying for a post as a BANK worker, the payment must be made in full at the time of employment checks. By applying for this vacancy you are agreeing to this undertaking in the event you are successfully appointed. The cost of an Enhanced Disclosure will be £42.90 and for a Standard Disclosure £22.90 which includes a small handling fee.