Department for Work and Pensions

Contents

• Location
• About the job
• Benefits
• Things you need to know
• Apply and further information

Falkirk, Newcastle-upon-Tyne, Plymouth

About the job

Job summary

Family separation is never easy. The Child Maintenance Service helps parents, who are unable to make a private financial agreement in support of their child(ren)’s living costs, ensure and at times enforce, the legal responsibility to provide financial support. Our mission is to ‘get money to children’ because it makes a real difference to children’s lives. 

Child Maintenance Service is not only undergoing a significant period of change as we drive forward our transformation agenda, but in tandem, we continue to deliver a politically significant and fundamentally crucial service to millions of separated families around the country who depend upon the work we do. Our story over the last two years is one of impressive progress and improvement. 

Despite the progress we’ve made, we are unashamedly ambitious about what more we can achieve and the difference we can make for the families who need us. Child Maintenance Service is an amazing place to work. Walk into any one of our service centres and you will be overwhelmed by the passion and commitment that our people have for supporting our customers.

The Judicial Review and Litigation team are responsible for undertaking detailed investigations into legal challenges mounted for and against The Child Maintenance Services (CMS). They supply factual histories and evidence, relevant legislative provisions, legal argument and caselaw to Government Legal Department (GLD) to shape the Secretary of States for Work and Pensions (SSWP) response to the legal actions.

This is a high profile and vital role required to defend decisions and actions taken by Child Maintenance Service across legislative schemes (CSA1993/2003 and CMS2012). Legal action taken in the Higher Courts, if not robustly defended can result in negative case law being laid down; case law that can have serious consequences for the day to day operation of the current child maintenance scheme.

The Judicial Review Leaders’ purpose is to take overall responsibility for and oversee the full range of legal action mounted against and by CMS and to represent The Secretary of State for Work and Pensions in high profile, contentious or novel child maintenance legal challenges.

The successful candidate will work across boundaries to lead all activity relating to litigation including judicial review working closely with partners and stakeholders and directly leading a small focussed team.

Job description

• The Judicial Review Team Leader will determine what direction CMS’s response to the legal action should take including the legal action being actioned by the Judicial Review Officer when support in decisions is required. Being mindful of the overriding purpose to obtain maintenance for children and the potential impact to the public purse.
• The Judicial Review Team Leader will contribute to and quality assure all correspondence, documentation, legal argument, and defence bundles for court hearings.
• The Judicial Review Team Leader will draft witness statements or swear to an affidavit attesting to the facts of the child maintenance claim, decisions that have been made and the relevant legislation used.
• The Judicial Review Team Leader will confirm disclosure of evidential materials ensuring sensitive information is redacted within the parameters of the Data Protection Act while adhering to the legal principals of ‘duty of candour’. 
• The Judicial Review Team Leader has overall responsibility to consider and authorise settling litigation out of court and will interrogate, quality assure and approve business cases drafted by the judicial review officer.
• The Judicial Review Team leader will approve settlement in respect of the high profile contentious legal challenges when risks are identified, and legal advice suggests CMS will likely lose in Court. Draft a business case to seek approval as to the quantum of settlement from HM Treasury.
• The Judicial Review Team Leader becomes the Appellant on behalf of CMS to contest negative court rulings which hamper CMS’s ability to collect maintenance on individual child maintenance claims. The Judicial Review Team leader interfaces with lawyers in the Government Legal Department to mount an appeal. They are responsible for providing factual histories and evidence, associated legislative provisions and argument as to why the court ruling was unlawful.
• The Judicial Review Team Leader will attend hearings in court either virtually or in person as directed by the court. To continue to drive the litigation in the correct direction by supporting solicitor and barrister during the hearing. When required the Judicial review team leader will also accompany the Judicial Review Officer in court hearings.
• When summonsed to do so, the Judicial Review Team leader will take to the witness stand in court to confirm the facts of the child maintenance claim including any cross examination from the litigant’s legal team.
• After litigation is concluded the Judicial Review Team Leader must ensure court orders made are fully complied with including payments of legal costs/refunds or reimbursements of maintenance payments and ensure remedial work is carried out on the child maintenance claim.
• The Judicial Review Team Leader provides regular clear updates as to the progress of high profile and contentious litigation to CMS Senior Leaders, Policy Colleagues and other interested parties.
• The Judicial Review Team Leader provides guidance and support to the Judicial Review Officer in all matters of litigation.
• The Judicial Review Team Leader will draft legal argument when CMS is directed to produce legal argument during applications to the Magistrates Court for enforcement mechanisms.
• The Judicial Review Team Leader provides bespoke child maintenance operational and policy advice to the National Crime Agency in relation to sensitive child maintenance claims.
• Risk assesses each legal action in relation to both the individual child maintenance claim and the potential impacts to the wider statutory scheme, alerting senior leaders across CMS and CMS policy to potential risks to the scheme.
• Write timely Ministerial Submissions making recommendations to Minister including detailing financial implications and service delivery impacts. Forewarn DWP Press Office of media interest, detailing background and risks.

Person specification

The successful candidate should be able to demonstrate the following:

• Experience and skills in complaint handling, investigative casework and/or issue resolution.
• Strong, well developed drafting skills and experience of drafting for senior managers/ministers and/or a broad range of stakeholders.
• Excellent communication and interpersonal skills with internal and external stakeholders, confident to engage with a diverse customer base.
• Visible, resilient and effective leadership. Working in a virtual environment to take a personal lead in engaging with a wide variety of stakeholders at all levels and providing engaging and effective leadership and line management for their team, supporting them in their work and encouraging a collaborative approach.

Essential Skills

Your evidence will be assessed against the following essential criteria. You must ensure you provide specific examples to demonstrate these criteria in your personal statement:

• The Judicial review team action reviews on child maintenance cases that may have been originally processed via one or more of three child maintenance schemes and supporting systems (CSA 1993 scheme on CSCS, CSA2003 scheme on CS2, and CMS 2012 scheme on CMS 2012). The post holder should be familiar with legislation relating to The Child Maintenance Service and have demonstrable skills in processing case reviews that may involve changes in legislation during the review period and have the ability to clearly articulate robust defences of decisions made on the case, including supporting relevant legislation. (Lead Criteria).
• An ability to lead detailed and in-depth complaint or casework investigations confidently and autonomously, often involving multiple and complex issues, frequently over extensive periods of time. 
• An ability to work at pace and to prioritise their own and the teams work to ensure full and effective caseload management and progression. Delivering outcomes in a customer focussed environment.
• Strong well developed analytical skills on complex evidence gathered.
• An inspirational and resilient leader with a proven track record of successfully leading in a team with varied and complex responsibilities. Ability to lead through uncertainty.
• The ability to apply judgement in interpreting procedures, policies and legal statutes to establish whether maladministration has occurred.
• Strong, well developed drafting skills and experience of drafting for senior managers/ministers and/or a broad range of stakeholders. Along with excellent communication and interpersonal skills with internal and external stakeholders, confident to engage with a diverse customer base and to influence decisions.

Behaviours

We'll assess you against these behaviours during the selection process:

• Making Effective Decisions
• Leadership
• Working Together
• Communicating and Influencing

Benefits

Alongside your salary of £55,557, Department for Work and Pensions contributes £16,094 towards you being a member of the Civil Service Defined Benefit Pension scheme. Find out what benefits a Civil Service Pension provides.

The Civil Service welcomes applications from people who have recently left prison or have an unspent conviction. Read more about prison leaver recruitment (opens in new window).

Once this job has closed, the job advert will no longer be available. You may want to save a copy for your records.

Contact point for applicants

Job contact :

• Name : Barry Robinson
• Email : Barry.Robinson@dwp.gov.uk

Recruitment team

• Email : dwprecruitment.grs@cabinetoffice.gov.uk

Further information

Appointment to the Civil Service is governed by the Civil Service Commission’s Recruitment Principles. If you feel your application has not been treated in accordance with these principles and you wish to make a complaint, you should in the first instance contact DWP by email: HR.BUSINESSASSURANCE@DWP.GOV.UK.

If you are not satisfied with the response you receive from the Department, you can contact the Civil Service Commission. Click here to visit the Civil Service Commission.