Ministry of Justice

Location: Field House, 15-25 Breams Buildings, London, EC4A 1DZ

Job Title: SEO Lawyer - Upper Tribunal Immigration and Asylum Chamber

Background

His Majesty’s Courts and Tribunals Service (HMCTS) is responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales, and non-devolved tribunals in Scotland and Northern Ireland.  It provides a fair, efficient and effective justice system delivered by an independent judiciary. HMCTS aims to ensure that all citizens receive timely access to justice according to their different needs, whether as victims or witnesses of crime, defendants accused of crime, consumers in debt, children at risk of harm, businesses involved in commercial disputes or as individuals asserting their employment rights or challenging the decisions of government bodies.

HMCTS is undertaking an ambitious reform programme. The programme will enhance the provision of a world-class justice system, in a manner that provides an improved user experience at reduced cost to the taxpayer. This will contribute to consolidating the UK’s position at the forefront of an increasingly competitive international legal market as well as ensuring access to justice for all.

The programme includes creating high quality digital services, modernising the court estate, updating and replacing its technology, speeding up and streamlining working practices, refurbishing buildings to reduce maintenance costs and provide much improved services for service users, especially vulnerable witnesses and victims.

Consequently, there are high expectations of all staff regardless of the job they do, and high performance is expected from everybody. The organisation is continuously adopting new or better ways of working to ensure that it focuses on just that which is essential. HMCTS senior management expects all leaders to operate in a culture of openness and honesty, demonstrating a commitment to change through involvement and empowerment, and by delivering results.

Role Overview

Working within the Royal Courts of Justice and Upper Tribunals group, the Lawyer will support the effective administration of Upper Tribunal Immigration and Asylum Chamber (UTIAC). Regular and routine working from other locations may be expected.

The key purpose of the role

This role is more than just assisting with Tribunal work but involves autonomy and responsibility for the relevant area of the Tribunal’s work subject to normal line management direction.  The post-holder will work closely with Judiciary, Senior Legal Manager, Lawyers (Grade 7), Senior Legal Officer, Legal Officers, Legal Professionals and Administration Teams.

In particular, the post-holder will lead ongoing and proactive management of cases, identifying any barriers or risks to effective case progression and undertake casework that is of a more complex or high-profile nature.

Key responsibilities

• The ability to exercise the full range of delegated functions assigned by the Chamber President
• Take a primary lead role in supporting effective case management
• Exercising judicial discretion and pro-active case management
• Acting as a champion to ensure that cases are progressed as effectively as possible in respect of minimising delay and upholding the interests of justice
• The ability to effectively case manage complex cases
• The ability to assertively manage the Tribunal process
• The knowledge and experience to effectively manage a complex case at short notice
• Maintain and develop specialist skills by keeping up to date with developments in immigration and asylum and public law generally, the Tribunal Procedure (Upper Tribunal) Rules 2008, with a strong focus on continuous learning
• Provide guidance on the procedural requirements of Judicial Review and Statutory Appeals, in particular to other UTIAC staff, professional court users and litigants in person.
• Maintain an accurate overview of all legal issues relevant to the work of the UTIAC, including identifying cases raising linked issues and test cases.
• Identify important and high-profile cases for inclusion in any immigration topic shared folder.
• Take responsibility for the caseload as a whole including regularly checking the timely progress of all cases through the system.
• Being an advocate for the Chamber

Small development projects

The role of the Lawyer may include responsibility for small development projects.  This would require the ability to organise and manage projects which have an impact on the Chamber and/or the impact on the legal process of the Tribunal or Chamber in the wider area.

Key responsibilities include:

• The ability to set up the management of a small development project
• The ability to liaise effectively with all stakeholders
• The ability to plan the required process
• The ability to complete the appropriate documentation
• The ability to communicate information regarding the project
• Think beyond own area of responsibility, considering wider policy and organisational implications of issues
• Work collaboratively across the UTIAC to continually develop more efficient means of achieving the goals of the Office
• Ensuring effective engagement with Judiciary, Senior Legal Manager, Lawyers (Grade 7), Senior Legal Officer, Legal Officers, Legal Professionals and Administration Teams, User Groups and representative organisations in order to progress work effectively

Training

The role of the Lawyer may include involvement with training, including the design and delivery of training to Legal Officers.  This would require the post-holder to work closely with the Lawyers and Judiciary to deliver training events to staff.

Key responsibilities will include:

• Delivering knowledge and skills training to staff
• Assist in identifying future training needs and developing solutions as to how best to meet those needs.
• Design training events for delivery to staff.

Knowledge, skills and experience expected (after any required training)

• Knowledge of the legal and administrative functions of the Tribunal system and the relevant Chamber
• Knowledge of relevant law
• Ability to rapidly acquire knowledge, especially of relevant law
• Ability to communicate effectively at all levels, both verbally and in writing
• High level of interpersonal skills, to develop and maintain effective relationships with staff and stakeholders at all levels
• Excellent organisational skills
• Ability to analyse problems and situations quickly and effectively
• Competent IT use

Additional skills required to meet the requirements of the additional practice areas

• Ability to exercise judicial discretion and manage cases pro-actively
• Knowledge of rules and procedures relating to Tribunals
• Knowledge and skills relevant to their specialist expertise in a legal practice area
• Ability to master new jurisdictions coming within the scope of the Chamber
• The ability to organise and manage small development projects
• Training skills to design, develop and evaluate local and area training programmes
• Time Management
• Personal Management of workload
• Working as part of a team

Decision making

Judicial decisions

The Chamber President has discretion to delegate to the post-holder a range of delegated functions. The range and extent of functions delegated to the Lawyer will fall to the discretion of the Chamber President.

It is assumed that a Lawyer undertaking complex cases and wider case management responsibilities, will be assigned a range of delegated functions by their Chamber President subject to the demonstration of the appropriate level of competence of a member of staff to effectively use the functions that are delegated.

The use of delegated functions requires the role holder to exercise judicial independence.  The use of these functions predominantly relates to decisions on case management functions.

Legal decisions

Legal decisions include identifying the pertinent legal issues which may arise in a case, these may be difficult or contentious.  This may include identifying relevant statutes and case law and undertaking appropriate legal research, using IT resources such as eLIS to ensure soundly based outcomes are achieved.

Autonomy

A Lawyer works within the framework provided by the Ministry of Justice and HMCTS policies, case law and legal process. The post holder has an obligation to keep up to date with their knowledge and understanding of current law and legal practice. This can be achieved through access to a wide variety of legal authorities and reference works.

It is expected that the Lawyer will work with a high level of autonomy. This will include organising their own workload, case managing complex cases, assisting to develop the practices of the Chamber to enhance the experience of stakeholders.

Experience

A Lawyer will be expected to have knowledge, skills and experience and provide evidence at both the sift and interview stages which include:

• This is a lawyer position requiring specific qualifications.  To be eligible to apply for this post, candidates must have passed the academic stage of qualification to become a barrister in England and Wales, or a solicitor of the Senior Courts of England and Wales, or a Fellow of the Chartered Institute of Legal Executives (CILEX) or CILEX Lawyer.  For clarification.
  
  
• The Legal Practice Course (LPC) for Solicitors, or BOTH the SQE1 and SQE2 stages of the Solicitors Qualifying Exam; or
• The Bar Training Course; or equivalent for Barristers; or
• The CILEx Level 3 Professional Diploma in Law and Practice and the CILEx Level 6 Diploma in Law and Practice; or
• The CILEx Graduate Fast Track Diploma; or equivalent for Graduate
  
  
• Solicitor, Barrister or Fellow of the Institute of CILEx qualified to practise in England and Wales (i.e. having completed training contract, pupillage or qualifying period of employment).
• Significant case management experience in a legal field
• Have sound legal professional skills, strong powers of analysis and good judgement.
• A sound knowledge of public law and procedure, plus an ability to acquire a specialist knowledge of immigration and asylum law, the Upper Tribunal procedure rules, Practice Directions, Practice Statements and Practice Notes.
• An ability to articulate issues effectively and get to the heart of complex issues, considering issues in their practical context, recognising the wider issues raised, suggesting viable solutions where appropriate and identifying advantages and disadvantages of different courses of action.
• An ability to carry out efficient research, produce sound analysis and apply sound legal judgement and be able to advise clearly, persuasively and constructively, both orally and in writing. Excellent written skills are essential.
• An ability to produce work of a high standard within targets and to be able to work under pressure and to prioritise in the face of competing demands and short deadlines.
• An ability to identify legal training needs and appropriate sources.

Interview

If invited to interview, this will include a 1 hour written assessment followed by a 45 minute interview.

• The assessment will be sent to you via email at the beginning of the interview and you will have an hour to complete your answers.
• At the end of the hour, you will email your answers to the facilitator who will forward this on to the panel.
• You will then have a 10-15 minute break. During this, the panel will review your answers.
• At the allotted time, you will join the panel online for the remainder of the interview which may or may not include further questions about your scenario answers.

The post holder is required to work in a flexible way and undertake any other duties reasonably requested by line management which are commensurate with the grade and level of responsibility of this post.