One Lay and One Non-Lay Board Member

For the Office for Legal Complaints (OLC)

CANDIDATE INFORMATION PACK

Alternative format versions of this candidate information are available on request from: GatenbySanderson on 020 7426 3961

  1. Welcome from the Chairsof the Legal Services Board and Office for Legal Complaints
  1. About the Office for Legal Complaints
  1. The role of an OLCMember
  1. Person specification and eligibility criteria
  1. Members of the Office for Legal Complaints
  1. Conditions of appointment
  1. Timetable and how to apply

  1. Welcome from the Chairs of the Legal Services Board and Office for Legal Complaints

Dear colleague

We are very pleased that you want to know more about becoming a member of the Office for Legal Complaints (OLC). The OLC is the body responsible for administering the independent ombudsman service – the Legal Ombudsman - that considers complaints made about legal services and claims management companies in England and Wales. It plays a crucial role in maintaining confidence in this vitally important sector in our national life.

The OLC is the Board of the Legal Ombudsman, and the Legal Services Board (LSB) is responsible for appointing its Chair and Members. The LSB also holds the OLC to account for its performance in administering the Legal Ombudsman scheme.

The Legal Ombudsman has made a firm impact on the legal services sector since it began operating on 6 October 2010. Its establishment was one of the three main priorities of Parliament’s legal services reform programme for England and Wales. Independent and impartial, its role is to resolve complaints from consumers of legal services and claims management companies, while at the same time drive improvements in the legal sector by providing feedback to the profession.

We are now looking for one new lay member and one new non-lay member to replace twocurrent board members as they come to the end of their terms of appointment.

As an OLC member, you will work with the Chair and other members of the OLC to set the strategic direction of the Legal Ombudsman scheme and drive performance, to provide strong governance, and to safeguard the independence of the Ombudsman in relation to decisions on complaints about legal services and claims management companies.

You will be keen to build on the reputation of the Legal Ombudsman and to helping it make the most of the valuable information it holds by feeding it back to regulators, consumers and legal services providers in ways they find most helpful. This reflects the valuable role that the Legal Ombudsman scheme plays in underpinning consumer confidence. You will want to ensure that the customer experience of the OLC is second to none, combining probity and rigour with dynamism and innovation.

You will want also to help develop a cost-effective organisation that listens, learns, and shares best practice – which uses technology well and deploys excellent quality control. The organisation needs to be accessible and able to adapt to the needs of a diverse set of consumers, including vulnerable consumers.You will also need to be alive to the opportunities and challenges of the changing market for legal services and claims management companies – and the implications of the changing nature of regulation. This will require you to build strong and productive relationships with the LSB, the Ministry of Justice and others.

You will also be confident in working with the executive team to leading an organisation that continues to develop.

It is essential that the OLC reflects the diverse range of individuals and groups whose lives the Ombudsman service touches, and to maintain our success in this area, we are constantly seeking to introduce a cross section of experience and expertise to the organisation’s work. We welcome applications from all sectors and sections of the community.

This is a tremendously exciting time to be involved in the work of the OLC and we very much hope you will consider applying to become a member.

With best wishes,

Dr Helen PhillipsWanda Goldwag

Interim Chair, Legal Services BoardChair, Office for Legal Complaints

2.About the Office for Legal Complaints

The context

The Legal Services Act 2007 required the Legal Services Board to establish the OLC to administer an independent ombudsman scheme to resolve complaints by consumers about legal services. The scheme is known as the Legal Ombudsman.

As at 1 April 2017, the legal profession in England and Wales comprised 148,690 solicitors, 15,281 barristers, 6,809 chartered legal executives and 5,958 other individuals operating in other areas of the legal profession such as conveyancing. The UK legal sector’s turnover was £31 billion per annum (2016) which is up 19% in cash terms since 2012.As at 1 April 2016, the claims management sector had a last reported turnover of £751 million and comprised 1,610 firms.

The OLC is independent from government and the legal profession and is an arm’s length body of the Ministry of Justice (MoJ). The relationship between OLC, LSB and MoJ is a complex one in public sector governance terms. The Board of the OLC is appointed by and accountable to the LSB, which can set performance targets, and which approves its annual budget. There are further accountabilities to the MoJ. The relationship between the OLC, the MoJ and the LSB -and the financial relationship and accountabilities which exist between the MoJ and the OLC - are set out in a recently agreed Tripartite Operating Protocol and also in the OLC’sframework document.The OLC and LSB have also agreed a Memorandum of Understanding.

The OLC’s costs are met by a combination of a levy paid by approved regulators and case fees charged to legal services providers. For the claims management jurisdiction, funding comes via grant-in-aid from the Ministry of Justice and case fees to claims management companies.

The LSB was also established under the Legal Services Act 2007. Working with the approved regulators - and with the OLC - the LSB is responsible for ensuring that the highest standards of competence, conduct and service in the legal profession are maintained for the benefit of individual consumers and the public generally.

Looking ahead, the LSB is keen to see the OLC build a distinct public profile based on the wealth of useful information that the organisation holds about users’ experiences of legal services. To do this well, OLC will need confidence that its technology is fully operational and supports the business, that its staff are well-motivated and that performance is evaluated by a robust balanced scorecard.

These appointments are made by the LSB.

Responsibilities of the OLC

These include:

  • Administering the Legal Ombudsman scheme, which considers all complaints about lawyers (including alternative business structures) and claims management companies. This includes:Developing Scheme Rules, which set out the detailed jurisdiction of the scheme, how complaints should be made, what will be considered in determining the complaint and when respondents will be charged a case fee, amongst many other things. Scheme Rules must be approved by the LSB and, for case fees, the Lord Chancellor.
  • Ensuring that the performance of the ombudsman scheme meets statutory and other performance related objectives.
  • Appointing ombudsmen - the OLC appoints the Chief Ombudsman, and other ombudsmen, with the consent of the Chief Ombudsman.
  • The OLC determines the terms of appointment and remuneration of ombudsmen and staff of the service. The organisation is in the process of identifying a new Chief Ombudsman to replace Kathryn Stone OBE, a former Commissioner for Victims and Survivors in Northern Ireland and a former IPCC Commissioner, who leaves to take up a new role as Parliamentary Standards Commissioner in January 2018.
  • Employing other staff necessary to carry out the functions of the OLC and the ombudsman scheme. In October 2017, Rob Powell, took up post as Chief Executive.
  • Establishing any sub-committees deemed necessary to assist with the effective discharge of its functions.
  • Entering into appropriate arrangements with the LSB to ensure co-operation between the two organisations.
  • Reporting to the LSB on the performance of the ombudsman scheme, including against any performance measures set by or agreed with the LSB.
  • Submitting a projected budget at the start of each financial year to the LSB for approval.
  • Establishing reciprocal relationships with approved regulators with regard to information sharing.

Size

The OLC currently comprises four lay and two non-lay members and a lay Chair. The Legal Ombudsman service has over 240 staff and a budget of circa £14.6m for 2017/18.

Information about the Legal Ombudsman including its most recent annual report and statistics on performance and complaints resolved can be found on its website at

Location

The Legal Ombudsman is based in central Birmingham, which is where the OLC holds its meetings.

3. The Role of an OLC member

As a member of the OLC you will report to the Chair of the OLC.

Overall objectives:

The Members support the Chair in the effective administrationof the Ombudsman scheme for complaints about legal service providers and claims management companies in England and Wales. You will have a key role in developing approaches to ensure that complaints are dealt with effectively and efficiently.

Ongoing responsibilities:

As a member of the Board you will have individual and collective responsibility to:

  • Ensure high performance and an excellent level of service in the administration of the Ombudsman scheme, having regard to the generally accepted principles of good practice in the administration of such schemes
  • Ensure high performance and an excellent level of service in the handling of complaints
  • Support the Chair in providing strategic direction to the Ombudsman scheme
  • Ensure that the OLC and the Ombudsman scheme are organised and managed in a way that is as far as practicable compatible with the regulatory objectives set out in the Legal Services Act 2007
  • Work effectively with the Chief Executive and Chief Ombudsman to ensure adherence to the principles of good governance and that proper accounts are kept
  • Ensure compliance with relevant general guidelines laid down by government relating to all non-departmental government bodies.

4. Person specifications and eligibility criteria

Your application will be assessed on the basis of the evidence provided. This evidence should include specific examples to demonstrate how you meet the selection criteria listed under Experience and Knowledge. These responses will be further developed and discussed with those applicants invited for interview, together with the criteria listed under Skills and Abilities.

Collectively the OLC Board needs to be able to cover a wide range of experience gained within the public, private or third sectors and on this occasion we are seeking to recruit one lay member and non-lay member to complete the board.


For both the lay member and the non-lay member:

Experience and knowledge

We are looking for candidates with skills and experience which complement those of the current membership.

Candidates for each role will be required to demonstrate:

  • A sound understanding of and exposure to corporate governance at a senior level, particularly during periods of significant change, and gained through participation on Boards, committees or similar structures,
  • A commitment to improving standards of customer service, and
  • A strong and continuing commitment to equality, diversity and the protection of human rights.

Skills and abilities

In addition, we will explore the following criteria at interview. They need not be directly addressed in your written application:

  • Excellent communication, influencing, and relationship management skills;
  • Willingness to take a stand;
  • Strong intellect and sound judgment;
  • High level of probity and integrity;
  • Good understanding of the purposes of the OLC, its opportunities and challenges; and
  • Working style and suitability for non-executive work, including an understanding of the seven principles of public life.

Additional role specific requirements which should be addressed in your application

For the lay candidate

We are particularly keen to attract candidates with a sound understanding of the concepts of alternative dispute resolution, and in particular, familiarity with the role of an Ombudsman scheme.

For the non-lay candidate

We are particularly keen to attract candidates with strong experience as a legally qualified practitionerin a small or medium size practice providing consumer and small business-facing legal services. Experience of practice in the regions would be particularly welcome.

Non-lay member definition

For these purposes, to be a non-lay member, you must be, or have been, a legally qualified practitioner, that is, an authorised person in relation to an activity which is a reserved legal activity under the Legal Services Act 2007.

Typically, this would mean a: barrister; solicitor; public notary; licensed conveyancer; legal executive; registered patent attorney; registered trade mark attorney; costs lawyer. The definition of non-lay would also extend to persons authorised to provide regulated claims management services as well as an advocate or solicitor in Scotland, a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

Diversity and equality of opportunity

Diversity of opportunity is something that both the LSB and OLC care passionately about. Applications are encouraged from all sections of the community and from people of diverse ages, experience and backgrounds, people with disabilities, and particularly from those currently working in, or with experience of, the private sector, as well as those who have not previously held public appointments. We want to explore the widest possible pool of talent for these important appointments.

Eligibility

Further advice about eligibility for appointment can be sought by contacting Katrina Paget, Partner at GatenbySanderson on 020 7426 3994.

5. Members of the Office for Legal Complaints

The Board has seven members. Biographies of the seven members are as follows:

Wanda Goldwag, Chair

Wanda’s last corporate role was Managing Director of AIR MILES owned by British Airways. Since then, Wanda has created a portfolio of Non-Executive and Government roles including Chair and Independent Standards Commissioner for the Senet Group for Responsible Gambling, an advisor to Smedvig Venture Capital and founder of leading HR and recruitment consultancy True North Human Capital. In 2012 she was appointed as a Civil Service Commissioner a role that has just ended and in 2016 as a lay member of the Queen’s Counsel Selection Panel.

Caroline Coates (standing down 31 March 2018)

Caroline Coates (non-lay member) is a litigation solicitor of over 20 years’ experience and a partner at DWF LLP. Based in Birmingham, she is head of the Birmingham office and national head of automotive. Her practice covers advice to public sector, insurance and corporate clients with specialism in product liability, construction and complex fire/flood cases in addition to handling reputationally sensitive cases. A previous president of Birmingham Law Society, she has held numerous positions in professional and financial services organisations with an emphasis on access to the professions for everyone.

Michael Kaltz

Michael Kaltz (lay member) has spent the major part of his career as a partner in Ernst & Young, holding a mix of UK and international management and client-facing roles. Currently, in addition to providing employment-related advice to businesses, he is a Public Appointments Assessor in the Office of the Commissioner for Public Appointments, a Non-Executive Director of Barndoc Healthcare Ltd, where he chairs both the Appointments & Remuneration and the Audit & Risk Committees, and a Lay Member of the North & West London Employment Tribunal. He is a Fellow of the Institute of Chartered Accountants and a Member of the Chartered Institute of Taxation and he holds a Masters Degree in Employment Law.

Tony King (standing down 31 March 2018)

Tony King (lay member) was Pensions Ombudsman from September 2007 to May 2015. Prior to this he was the Lead Ombudsman for Pensions and Securities at the Financial Ombudsman Service. He has also been Chair of the Ombudsman Association – the membership body for ombudsmen and other complaint handling organisations in the UK and Ireland.

Dr Bernard Herdan CB

Dr Bernard Herdan CB (lay member) began his career in aerospace engineering, including 12 years spent at the European Space Agency. Following this he moved into the UK public sector where his career highlights have periods in senior executive positions at the Met Office, the Driving Standards Agency, the UK Passport Agency, the Criminal Records Bureau, the Security Industry Authority and National Fraud Authority. He has pursued a portfolio career since 2011, which has included a range of non-executive director and charity trustee roles as well as membership of disciplinary tribunals and consultancy assignments.

Jane McCall

Jane McCall (lay member) has worked in the social housing sector for almost 30 years, and has been in senior management for the last 19 years. Jane is also a Non-Executive Director at the Information Commissioner’s Office. She was previously Deputy Chief Executive at Trafford Housing Trust (THT), a housing business with a social purpose owning approximately 9,000 homes. Other previous posts include Managing Director of two business subsidiaries within the Regenda Group, and Divisional Technical Director for the Places for People Group. She has also undertaken several non-executive roles within the health, housing and procurement sectors. She is a Non-Executive Director at the House of Commons Commission (the organisation which runs the House), and at University Hospital South Manchester. Jane is Deputy Chair at Egerton High School in Trafford, a specialist mixed secondary school for pupils age 11 – 16 who have a range of social, emotional and behavioural difficulties.