Detailed job description and main responsibilities

Key Responsibilities:

Managing the legal services team to ensure the Trust’s legal services provision runs efficiently and safely and contributing to the development and leadership of the Trust’s legal services team

To provide legal advice to the Trust and manage legal advice from enquiries within the Trust on a wide range of legal issues.

Providing legal advice in relation to the inquests process.

Manage legal advice enquiries from within the Trust on a wide range of work-related issues as the first point of contact for staff to obtain such legal advice. Providing or arranging timely legal advice, determining those cases where additional legal advice is required and then instructing and liaising with external solicitors in those cases.

Managing and providing expert advice on all potential and actual clinical negligence, personal injury and property litigation claims against the Trust in a timely manner and within National Health Service Resolution (NHSR) guidelines. Managing the completion of the investigations of incidents and allegations of negligence and preparation/submission of the relevant evidence to the NHSR. Liaising with the NHSR and their panel solicitors to to assist in determining liability and reducing costs where possible.

Manage ex-gratia payments for losses and damages claims by patients, staff  and the public and proactively find ways to reduce costs and incidences of these claims. Investigate and mitigate costs for losses and damages by patients, staff and the public and as arising under the NHS complaints Procedure. Proactively find ways to reduce the costs and incidences of these claims. Collate and prepare the Trust Losses register for Board reports, audit and DoH returns.

Manage all inquests involving the Trust patients to ensure the timely provision of all information required by Coroner for inquests involving Trust patients and provide support to staff involved in this process. Liaising with the Coroners courts, families, and solicitors in respect of the provision of reports, documents and witnesses for inquests.  Identifying cases where representation at pre-inquest review hearings and inquests is required and either undertaking such representation or instructing external solicitors to represent the Trust where this is deemed advisable, whilst minimising legal costs for inquests. Reviewing all Serious incident reports and/or After Action Reviews, Clinician Reports, witness statements and other documents for inquest. Preparing staff for attendance and advocacy and support to them them throughout the whole process, including attending the inquest with them and as necessary, co-ordinating and chairing pre inquest meetings with witnesses , management and where relevant solicitors/counsel representing the Trust. .

Contribute information and reports to the risk management systems for learning lessons to support staff to deliver the Trust’s Risk and Governance Strategy and Objectives. Provide information to the Quarterly Lessons to be learned reports and bi annual claims and inquest reports and providing weekly inquest listing case summary to Executive Leadership team highlighting reputational risks, issues and concerns as necessary.

Ensure that the Trust is adequately insured against relevant risks. Arranging and maintaining in date suitable and cost-effective insurance cover for defined risks.

Bring to the attention of Senior Management issues relating to reputational risk and  liaising with Senior Management in respect of any legal issues and the management of inquest or claims with the potential for significant litigation or reputational damage.

Review policies for legal compliance and give input on difficult complaint cases. To review all policies for legal compliance with the Human Rights Act. Assist staff and review letters on difficult complaints as requested and where compensation is indicated.

Attending inquests on behalf of the Trust and ensuring all necessary preparatory steps are taken including appropriate meetings with witnesses and briefings to the executive team.

Providing advocacy throughout the inquest process.

Preparing staff for attendance and supporting them throughout the whole inquests process, including attending  inquests with them and as necessary, co-ordinating and chairing pre inquest meetings with witnesses , management, and where relevant attending meetings with solicitors/counsel representing the Trust.

To provide expert advice to staff as required regarding serious incident investigations and/or After-Action Reviews.

Manage Coroners requests for Regulation 28 Preventing Future Deaths (PFD) evidence and where issued to the Trust, co-ordinate the timely provision of responses to PFD reports.

Provide the oversight, managing requests, and co-ordinating all Preventing Future Death reports, Court orders (S49 and others), Judicial Reviews etc received by the Trust to ensure effective and timely allocation, actioning and response. 

Maintaining inquests and claims databases and analysing for trends/learning points and triangulation with complaints and incidents.

Provide legal advice as required in relation to specific  complaint cases, assisting staff and reviewing letters in relation to these complaints.

Manage the Legal Service budget, processing all invoices and keeping accurate records of solicitor spend and commitments to ensure forecasting and remaining within budget.

Line manage staff in the Legal Service team, providing direction, co-ordination, and visible team leadership to ensure the effective work load management and service delivery.

To provide and arrange timely legal advice, following  systems and processes in place to determine those cases where additional legal advice is required and then instructing and liaising with external solicitors on those cases.

Provide a weekly inquest listing case summary to Executive Leadership team highlighting risks and issues as necessary.

Contribute information and reports to the Board Committees and risk management forums to support governance and learning lessons, including quarterly summary reports to Mortality Review Group of inquest outcomes, information to the Quarterly Lessons to be learned reports and details of costs of claims inquests and losses.

Liaising with the Executive Leadership Team and Senior Management in respect of any legal issues and inquests or claims with the potential for significant litigation or reputational damage.