Head of Legal - Fitness to Practise

The Role

Social Work England are the specialist regulator for social work in England, focused on enabling positive change in social work. Every day, social workers support millions of people to improve their chances in life. We are taking a new approach to regulating social workers in their vital roles. We believe in the power of collaboration and share a common goal with those we regulate – to protect the public, enable positive change and ultimately improve people’s lives.

As one of the organisation’s Heads of Legal, you will be responsible for ensuring delivery of Social Work England’s strategic business objectives, and facilitating the provision of high quality internal and external legal advice across the organisation. You will provide legal and strategic input into our project, policy and strategy work. You will work closely with the Executive Leadership Team, Assistant Directors, other Heads of functions and external legal providers to manage legal risk and drive a culture of legal awareness and compliance.

You will provide specialist legal advice to colleagues and strategic advice and leadership to operational management teams in order to ensure streamlined and effective investigations and the efficient, high-quality presentation of fitness to practise cases before our adjudicators.

You will lead Social Work England’s in-house advocacy service, the team who will prepare and present interim order applications, and interim and final reviews before panels of adjudicators. You will support the case and contract managers in providing key instructions to our external legal providers ahead of fitness to practise hearings and work alongside the Assistant Directors, Regulation and the Executive Director, Regulation to manage the quality of the investigation and advocacy service provided to Social Work England.

Please note we are happy to consider secondments for this position. We are also happy for this role to be predominantly remote with occasional travel to Sheffield as team/organisational demands require.

What you will do

• Lead and set the strategic direction for the FtP legal team, including managing the FtP legal budget, planning the allocation of work and resources, developing a team of legally qualified individuals who will provide fitness to practise legal support. Ensuring suitable training and able to undertake relevant CPD activities.
• To lead, and manage Social Work England’s in-house advocacy service, accountable for preparing and presenting Social Work England’s hearings and meetings including interim order applications, interim order reviews and substantive order reviews. And provide advice on current social work issues to triage and investigations teams, as well as supporting others colleagues across the organisation.
• Provide operational and strategic advice to Executive Leadership team and senior leaders. Providing or procuring timely, accurate and high quality privileged legal, regulatory and strategic advice in respect of all areas of law, including our regulatory remit and statutory framework.
• Assist those managing contracts and senior stakeholder relationships with external legal services for Fitness to Practise, ensuring quality and timely outcomes.
• Provide specialist legal and regulatory expertise to shape strategic aims and assess the legal feasibility of new projects, advising on their design and implementation to ensure compliance; act as a visible and accessible Head of the Fitness to Practise Legal team, actively contributing to the Decision Review Group, Quality Assurance Group, and other key project and working groups as required.
• Assist in the management, preparation, and presentation of fitness to practise cases (before Social Work England’s adjudicators) by our external legal provider, providing advice and support to colleagues and direct instruction to our external legal provider in our most complex and high profile cases.
• Act as the final decision maker (if required) in the assessment of case plans, statements of case, sanction bids and complex proposals for interim orders in relation to Fitness to Practise.
• Work in conjunction with the legal team to ensure the effectiveness of existing rules, procedures and guidance within the fitness to practise service, providing operational and strategic advice to the senior leadership team and taking leadership for continuous improvement of the service.
• Work with the Regulation directorate to continue to develop our responsive, collaborative, and proportionate approach to fitness to practise. Ensure the provision of specialist legal advice to the directorate, including the triage and investigation teams to include application of the Rule 3 triage test, investigation planning, management of complex/high risk investigations, interim order applications, disclosure matters, drafting of regulatory concerns etc.
• Ensure that the decisions we take are legally robust by identifying risks early and work with other teams, ELT and the Board to ensure that these are managed appropriately, including giving advice on high risk and strategic matters.
• Work alongside the in-house legal team to anticipate and respond to training needs, design and deliver training on our Regulations, Rules, case law and other relevant legal matters to the fitness to practise directorate, adjudicators and legal advisers and other staff, as required.
• Work collaboratively with senior leadership, the in-house legal and policy teams to manage risk in high-profile Fitness to Practise cases, while developing and maintaining legally robust policies and guidance that reflect current best practice and legal developments.
  
  

Your Skills, Knowledge And Experience

• Qualified lawyer, registered with Bar Standards Board/SRA, ideally with a minimum of 5 years post qualification experience, with experience of advocacy before a variety of tribunals.
• Significant experience of the fitness to practise process and presentation of fitness to practise cases before panels of adjudicators.
• Excellent decision making, able to weigh up options and risks in taking well thought through and timely action.
• High levels of skill and experience of investigations and the preparation of cases for a hearing. With detailed knowledge of investigative methods; rules of evidence, human rights, tribunal, regulatory caselaw and procedure.
• Excellent team player able to work collaboratively with both internal and external stakeholders to achieve shared outcomes.
• Experience of managing and developing teams, with the ability to mentor, coach and provide positive support and encouragement to colleagues.
• The ability to assimilate, understand, interpret, and explain complex legislation.
• Demonstrable evidence of an ability to analyse, manage and problem solve complex and sensitive issues.
• Experience of designing and delivering training to legally and non-legally qualified colleagues.
• Familiarity High Court appeals and judicial reviews; and data protection and freedom of information law.
  
  

The Benefits

In Addition To Your Salary, We Also Offer

• Hybrid working
• 25 days annual leave, rising with service to 30 days per annum, plus bank holidays.
• The option to purchase up to an additional 5 days of annual leave per annum.
• A TIDE award-winning inclusive culture, with staff networks, social events and forums.
• A contributory NEST pension, life insurance, an employee recognition scheme and cycle to work scheme.
  
  

Details

• Job type: 18 month fixed-term contract
• Working pattern: Full time. We offer flexible working subject to business need.
• Salary: £73,121 per year, rising to £75,443 per year after successful completion of a 6-month probationary period.
• Location: Sheffield/Hybrid (predominately remote)
• Interview date: Monday 7th December
  
  

Application

During the application process, you'll be asked to provide answers to three questions from the job description. These answers will be what your application is scored on, please answer in as much detail as possible using examples where necessary.

About Us

Join us - Social Work England

Our behaviours and values - Social Work England

What our people say - Social Work England

Pre-Employment Checks

If you are successful at interview, we will carry out a series of routine pre-employment checks. These include verifying your references, confirming your right to work in the UK, and completing a Basic DBS (Disclosure and Barring Service) check.

These checks are conducted in partnership with our third-party provider, Amiqus, who will guide you through the process.

Please note that all offers of employment are subject to the satisfactory completion of these checks. If you have any questions or concerns please contact our recruitment team via recruitment@socialworkengland.org.uk and our team will be happy to help.

Contact

If you have any queries about the recruitment process, or would like to discuss the role, please contact recruitment@socialworkengland.org.uk.

How to apply

To apply, complete the application form by the closing date.

Interview

At interview we will seek to further understand your skills, knowledge, experience and motivation and test the key competencies of the role. If you are successful, we will undertake routine pre-employment checks.

Find out more about our application and interview process.

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