Job description

Job title:InvestigationsLawyer (High Profile and Complex Investigation Team)

Reporting to:Senior Lawyer (Investigations)

Job family:Legal

Pay level:E1

Role Purpose:

You willsupport theNursing and Midwifery Council’s (NMC) fitness to practice screening and investigationwork through review, anlaysis,and advice in repsect of high profile and complex matters.

You will also act as a point of contact for seniorstakeholder engagement both internal and external to the NMC on high profile and complex areas of work.

Key accountabilities

  • Provide legal advice on fitness to practise matters arising out of high profile and complex referrals including: regulatory and police investigations; public inquiries; coroner’s inquests;and media articles, to identify issues requiring regulatory consideration by the NMC.
  • Conduct initial assessment of allegations of impairmed fitness to practise referred to the NMC in the most serious and complex cases, advising on case progression and investigation, and ensuring continuous assessment of riskand the need for an interim order.
  • Provide routine and complex legal advice to investigation business unit teams on a day to day basis
  • Deliver high quality customer service to NMC’s internal and external stakeholders
  • Ensure continuous improvementtaking into consideration,and implementing learning from,outcomes in practice committees and relevant case law
  • Ensure departmental standards are applied in all cases
  • Drafting recommendations for the Case Examiners and NMC Practice Committees
  • Where appropriately qualified and experienced, conduct litigation and/or appear as an advocate in the higher courts.

Responsibilities

Case analysis, investigation and progression

  • Undertake reviews of referrals to the NMC to identify potential regulatory concerns, assess the need for interim orders, and ensure robust decision making at the screening stage
  • Provide advice,support and training to screening and case investigation teams including advice on identification and drafting of regulatory concerns, case progression,admissibility of evidence,and correspondence with external parties
  • Take autonomous decisions in relation to the review and progress of the investigation of cases for consideration by the Case Examiners
  • Facilitate and support the case investigation team to enable it to achieve itsown and/or FtP objectives

Communication

  • Liaise with and give direction to internal and externally instructed investigators,to ensure smooth and efficient progress and transition of cases
  • Provide advice and case updates to the Senior Leadership Team and Director’s Office, through formal legal advice, briefings, and attendance at regular case conferences
  • Liaise with internal and external stakeholders, legal representatives and external third parties as required
  • Draft standard and non standard correspondence
  • Draft reports to the Case Examiners
  • Provide support to the Senior Lawyer and High Profile Manager where required to assist with meeting key performance objectives
  • Comply with NMC customer service standards at all times

Standards and Training

  • Assist the business unitwith the setting, monitoring and evaluating of case work quality standards including sharing best practice
  • Conduct planned and ad hoc quality assessment of external investigations as required
  • Participate in the delivery of training for new and existing staff
  • Maintain and develop legal knowledge in relation to regulatory proceedings
  • Conduct written and oral advocacy before the Council’s panels.

Team membership

  • Contribute to the development of service improvements through participation in team meetings and other groups
  • Offer support to other members of the case investigation and legal teams with workload and cover during absence
  • Liaise regularly and proactively with other members of the organisation and attend the meetings as required
  • Deliver internal and external presentations when required.

Other Responsibilities

There are a number of standard duties and responsibilities that all employees, irrespective of their role and level of seniority within the NMC, are expected to be familiar with and adhere to:

  • Comply at all times with the requirements of Health and Safety Regulations to ensure their own wellbeing and that of their colleagues
  • Promote and comply with NMC policies on diversity and equality both in the delivery of services and treatment of others
  • Ensure confidentiality at all times, only releasing confidential information obtained during the course of employment to those acting in an official capacity in accordance with the provisions of the Data Protection Act and its amendments
  • Comply with NMC protocols on the appropriate use of telephone, email and internet facilities
  • Comply with the principles of risk management in relation to individual and corporate responsibilities
  • Comply with NMC policies and procedures as compiled on the organisation’s intranet

This job description is not exhaustive and as such, the post holder will be expected to be flexible, and any changes will only be made following a discussion with the post holder.

Person Specification

Job Title:Investigations Lawyer

Qualifications and Experience

  • Professional legal qualification
  • Experience as a qualified Solicitor, Barristeror equivelant, whether or not currently practising
  • Relevant casework experience inhealthcare regulatory law
  • Proven experience of providing appropriate legal advice
  • Demonstrable investigative experience and the management of a caseload of cases under investigation
  • Experience of working in a politically sensitive environment and/or dealing with high profile sensitive issues
  • Experience of appearing as an advocate before a range of tribunals (desirable)

Knowledge, skills and abilities

  • An understanding of the professional regulation framework and fitness to practise issues
  • Knowledge of regulatory law practice and procedures
  • An understanding of complex legal concepts and ability to apply knowledge to case work
  • Excellent oral, written and presentation skills
  • An understanding and appreciation of issues involving vulnerable persons or witnesses
  • An ability to work within a tight procedural framework
  • An ability to present to groups and is comfortable acting as an advocate for others
  • An ability to manage stakeholder feedback and report to relevant internal contacts and departments
  • A focused approach to delivering results by working to tight deadlines and targets
  • A highly developed ability to pay close attention to detail and quality assure own work
  • Good IT skills

Personal qualities

  • A self starter who is able to work with minimum supervision
  • Capacity to be calm under pressure and work flexibly to meet changing demands
  • A strong commitment to high standards of service delivery and excellent customer care
  • A high level of personal integrity and professionalism
  • A clear understanding of the importance of confidentiality.
  • Highly motivated with a flexible approach
  • A collaborative approach to team working
  • A commitment to and an understanding of the importance of equality of opportunity within the environment that the NMC operates
  • A willingness to continually develop levels of knowledge
  • An ability to show sensitivity and tact when dealing with customer needs and confidential information

Fitness to PractiseDecember 2017Page 1 of 5