Job Description
The Medical Council is seeking to recruit a Complaints and Investigations Solicitor (Assistant Principal Grade) to join its expanding Complaints and Investigations team.
The Complaints and Investigations team employs a number of staff members who assist the Preliminary Proceedings Committee ("PPC") of the Medical Council. The PPC is the screening committee responsible for considering complaints received by the Medical Council and deciding whether there is a prima facie case for the holding of an inquiry before the Fitness to Practise Committee.
The Complaints & Investigations Solicitor will report to Senior Solicitors in the Directorate and will work as part of a multidisciplinary team ("MDT") with Complaints and Investigations Managers, Case Officers and Support Executives.
The work of a solicitor within the Complaints and Investigations team is both challenging and rewarding, working on the frontline of issues arising in the health system, and operating to protect the public on a daily basis.
Key responsibilities will include:
1. Assisting the Medical Council and the statutory committee established for the purpose of investigating complaints (the PPC) in carrying out its legal function in relation to the investigation of complaints and ensuring compliance with best practice and legislative requirements.
2. Providing legal oversight and up to date, strategic and informed legal advice, in a timely manner, in relation to complaints made to the PPC and/or the CEO of the Medical Council (once the relevant provisions of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (the "2020 Act") have been implemented), as applicable.
3. Assessment of potential complaints including risk analysis and evaluation of patient safety.
4. Screening and triaging complaints in line with relevant guidance and legislation
5. Providing legal advice, assistance and analysis to the Council, PPC, CEO and/or members of the Executive in relation to the Council's statutory powers and functions, administrative law issues (including fair procedures in decision-making) to ensure delivery in respect of the Council's stated strategic objectives, in particular the protection of the public.
6. Overseeing the delivery and execution of the investigation of complaints to ensure that complaints are progressed efficiently and effectively, and any decisions made adhere to fair procedures and the rules of natural justice.
7. Leading a team within the PPC Unit (Support Executives, Complaints Managers and Case Officers) to create an environment where team members can develop to their full potential and foster a culture of collaboration to ensure a high performing, well-motivated team.
8. Overseeing the preparation of cases for decision by both the PPC and the FTPC, including obtaining relevant external documentation (including expert reports), preparing legal advice and drafting particulars of allegations and instructions to Counsel, attending case conferences, liaising with doctors, defence solicitors and others, at all times ensuring proactive case progression.
9. Providing instructions to and effectively managing external lawyers in the preparation and presentation of evidence on behalf of the CEO in relation to those matters that have been referred to inquiry before the Fitness to Practice Committee
10. Advising in relation to serious complex matters/incidents concerning section 60 of the Medical Practitioners Act 2007, as amended (the "Act"), carrying out urgent preliminary investigations in order to gather sufficient information as to the extent and gravity of such matters in order that presentations before Council and/or the High Court in respect of same can be made.
11. Conducting litigation and/or managing the conduct of litigation, including applications for judicial review, appeals and other applications/litigation matters before the Superior Courts. This should include advising on litigation matters, in depth knowledge of Court rules and procedures, rules of evidence and advising on proofs etc.
12. Participating in the implementation of legislative amendments and changes to processes and procedures, in particular those amendments to be introduced as a result of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (the "2020 Act").
13. Perform any other duties as may be assigned from time to time. The above is not an exhaustive list of duties and the successful candidate will be expected to perform different tasks as may be necessitated by changing roles within the organisation and the overall business objectives of the organisation.
14. The Complaints and Investigations Solicitor will also play a key role in strategic planning and delivery of the Council's functions and strategic objectives, as part of its senior management team.
Essential Criteria:
15. Professional legal qualification as a solicitor or barrister licensed to practise within the State.
Desirable Criteria:
16. 5+ years of relevant post qualification experience as a legal practitioner is desirable
17. Previous experience in a healthcare regulatory role would be a distinct advantage.
18. A good knowledge of the Medical Practitioners Act 2007, as amended (the "Act") in addition to the Medical Council's remit and functions together with the proposed amendments to the Act once the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (the "2020 Act") is introduced.
19. Experience in the use of case management systems and/or other relevant IT applications.
Essential Characteristics:
20. Excellent judgement and the confidence, discipline, and intellectual ability to deliver in a demanding environment.
21. Ability to organise his/her own time effectively, prioritise workload and set realistic timelines for delivery of required outputs.
22. Strong communication and written style with forensic attention to detail.
23. A demonstrable ability to communicate effectively at senior level and demonstrate sound strategic and operational judgment.
24. Excellent written and oral communication skills and a track record in the management of relationships with key stakeholders.
25. Excellent team building and mentoring skills.
26. A thorough knowledge of administrative and constitutional law, judicial review and the principles of fair procedures and natural justice.
27. An excellent understanding of the law relating to professional regulation, as well as other relevant Irish legislation, EU legislation and regulation.
28. Must have developed keen advocacy skills at District, Circuit and High Court levels.
Details of this Appointment:
Position Type: This appointment will be offered on a full-time permanent basis. A 6-Month probationary period applies to this appointment.
Salary: Starting salary will be at €74,701, which is the first point of the Assistant Principal Officer PayScale.
If you are currently a serving civil or public servant, your entry point to the PayScale may be higher based on your current salary.
There will be salary increment each year in line with the Assistant Principal Grade PayScale and subject to satisfactory performance, until the maximum point on the scale has been reached. The rate of remuneration will not be subject to negotiation and may be adjusted from time to time in line with Government pay policy.
Assistant Principal PayScale
€74,701 (starting) - €77,452 - €80,241 - €83,040 - €85,834 - €87,445
€90,265¹ (LS1 After 3 years satisfactory service at the maximum)
€93,095² (LS2 After 6 years satisfactory service at the maximum)
Annual Leave: 30 working days plus public holidays
Hours: 35 hours per week, Mon-Fri.
Location: Kingram House, Kingram Place, Dublin 2. We operate a hybrid working model with both remote working and requirement for on-site attendance one day per week.
Pension: The Medical Council offers a pension through the Public Sector Scheme. Contributions to the scheme will commence on joining the organisation. Candidates currently working in the Public or Civil Service may transfer their pension.
Rewards/ Benefits:
Dedicated Wellbeing Group and Wellbeing Initiatives, Employee Assistance Programme, Digital Gym and Wellbeing App, Training and Development, Financial Support for Further Education, Public Service Sick Leave Scheme, TaxSaver Travel Tickets, Bike to Work Scheme, Subsidised Flu Jabs, Paid Exam Leave & Study Leave, Income Continuance Scheme, Team Building and Away Days, Civil Service Credit Union, Annual Salary Increment.
Apply by: 13th April 2023
Expected Interview Date: Week of the 1st May 2023
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