Main purpose of position:
Provide an efficient, effective, and economic legal service to the Council, its Executive, Committees and Sub-Committees, and to Departments,
including senior officers and elected members as well as external clients, to protect the interests of the Council and/or external clients whilst providing options and advising on risks.
To provide high quality and effective legal advice to the Council in relation to Adult Social Care matters. The postholder will manage a varied caseload, including Court of Protection proceedings, safeguarding matters, mental capacity issues and related public law matters, ensuring that the Council fulfils its statutory obligations and manages legal risk effectively.
You will be responsible to:
Give complex matters legal advice, , to client departments, Officers and elected members of the Council arising under the Care Act 2014, Mental Capacity Act 2005, Mental Health Act 1983, Human Rights Act 1998 and Equality Act 2010, safeguarding adults and multi-agency safeguarding arrangements, deprivation of liberty safeguards and emerging Liberty Protection Safeguards requirements, on Adult Social Care legislation and local authority duties as required to allow them to make decisions and achieve solutions to problems that comply with the law.
Manage a varied caseload of Adult Social Care matters with minimal supervision.
Conduct and supervise proceedings in the Court of Protection, including welfare applications, property and affairs matters, and deprivation of liberty cases.
Advise on the Mental Capacity Act 2005, Care Act 2014, Mental Health Act 1983, Human Rights Act 1998, and related legislation.
Draft and settle applications, witness statements, court documents, legal opinions, agreements, reports and correspondence.
Represent the Council before Courts and Tribunals as an unsupervised advocate conducting cases in a way that complies with current practice, procedural requirements and court directions and take all reasonable steps to achieve the judgements/decisions, which could reasonably be expected from the available evidence.
Exercise judgement, as to whether specialist legal advice and/or assistance is required and instruct Counsel in such cases as may be approved by the Head of Legal Services or the Principal Solicitor (Social Services) to enable decisions to be taken and implemented in accordance with the law.
Supervision of Junior lawyers, trainees, and legal assistants through mentoring, supervision, and knowledge sharing where required in order to meet the objectives of the department and provide an effective service delivery for the benefit of all service users.Skills and Experience:
In depth experience of advocacy before Courts and/or Tribunals - including dealing with complex adults social care matters
Able to demonstrate ability to plan/ prioritise own caseload within broad guidelines with minimum supervision
Decisive - ability to make decisions - render judgment within guidelines set by management
Oral and written communication skills - able to elicit relevant information in complex situations and translate it into effective documents
Knowledge and understanding of equalities issues and legislation
Comprehensive knowledge of Adults Community Care Law, including Mental Capacity Mental Health Law and Data Protection Laws
Applicant must be a Solicitor, Barrister or Fellow of the Chartered Institute of Legal Executives (FCILEx) and hold a current practising certificate in England and Wales. A minimum of 5+ years' PQE is essential
Current practising certificateAbout Us
Luton Borough Council have partnered with Kent County Council to create Connect2Luton, a recruitment managed service for all contingent temporary agency, contract, and interim roles at the Council.
Our heritage and being local government owned which means we have a wealth of knowledge and expertise within the public sector, with many of our employees having previously worked for the Council or have supplied previously into the Council, for several years.
We are an equal opportunities employment agency and business that positively encourages applications from all suitably qualified and eligible candidates.
Connect2Luton is a trading style of Luton & Kent Commercial Services LLP - A joint venture between Luton Borough Council & Commercial Services Kent Ltd. Connect2Luton is an equal opportunities Employment Agency & Business. It positively encourages applications from all suitably qualified and eligible candidates
Salary description
£50.00 - £60.00 per hour