Solicitor Complaints & Investigations (Maternity Cover 1 year FTC)

at  Irish Medical Council

Solicitor Complaints & Investigations ( 12 Month Fixed Term Contract)
The Medical Council is seeking to recruit a Complaints and Investigations Solicitor (Assistant Principal Grade) to join its 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 and Investigations team also deal with urgent cases which require action pursuant to Section 60 of the Medical Practitioners Act 2007. This particular section of the Act allows the Council to make an application to the High Court to suspend a doctor’s registration if the Council are of the view that this is necessary to protect the public.
The Complaints & Investigations Solicitor will report to Senior Solicitors in the Directorate and/or to the Director of the Complaints and Investigations team and will work as part of a multidisciplinary team ("MDT") with other Assistant Principal Solicitors, 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:

• Attending meetings of the PPC and providing legal advice to the PPC in relation to the investigation and progression of complaints together with the provision of advice in respect of legal issues arising.
• 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.
• 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.
• Assessment of potential complaints including risk analysis and evaluation of patient safety.
• Screening and triaging complaints in line with relevant guidance and legislation
• 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.
• 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.
• 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.
• Overseeing the preparation of cases for decision by the PPC, including obtaining relevant external documentation (including expert reports), preparing legal advice and instructions to Counsel, attending case conferences, liaising with doctors, defence solicitors and others, at all times ensuring proactive case progression.
• 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").
• 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.

Responsibilities in relation to Section 60 Matters:

• 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.
• Conducting meetings with the CEO and the President of the Medical Council and providing legal advice in relation to strategic approach regarding all section 60 cases.
• Providing instructions to external legal firms and effectively managing external solicitors and/or Counsel in relation to the preparation and presentation of material in respect of section 60 applications to the Medical Council and/or the High Court.

Responsibilities in respect of section 105 of the Act

• Carrying out investigations in relation to doctors who are suspected of practising medicine while unregistered.
• Providing advice to the CEO in relation whether a doctor is practising medicine in contravention of the Act and whether such cases should be reported to An Garda Siochana.
• Providing advice to the CEO in relation to possible injunction applications to the High Court to prevent unregistered medical practitioners practising medicine.
• Developing and/or improving internal processes in respect of the management of Section 105 cases.

Essential Criteria:

• Professional legal qualification as a solicitor or barrister licensed to practise within the State.

Desirable Criteria:

• 3+ years of relevant post qualification experience as a legal practitioner is desirable
• 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.

• Previous experience in a healthcare regulatory role would be a distinct advantage.
• Previous experience in relation to healthcare litigation would also be desirable.
• Experience in the use of case management systems and/or other relevant IT applications.

Essential Characteristics:

• Excellent judgement and the confidence, discipline, and intellectual ability to deliver in a demanding environment.
• Ability to organise his/her own time effectively, prioritise workload and set realistic timelines for delivery of required outputs.
• Strong communication and written style with forensic attention to detail.
• A demonstrable ability to communicate effectively at senior level and demonstrate sound strategic and operational judgment.
• Excellent written and oral communication skills and a track record in the management of relationships with key stakeholders.
• Excellent team building and mentoring skills.
• A thorough knowledge of administrative and constitutional law, judicial review and the principles of fair procedures and natural justice.
• An excellent understanding of the law relating to professional regulation, as well as other relevant Irish legislation, EU legislation and regulation.
• Must have developed advocacy and legal presentation skills.

Assistant Principal PayScale
€78,303 €81,187 €84,111 €87,044 €89,973

€91,662

• €94,6171 (LS1 After 3 years satisfactory service at the maximum)
• €97,5832(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: The Medical Council’s offices are located at Kingram House, Kingram Place, Dublin 2. We operate a hybrid working model with both remote working and a current requirement for on-site attendance two days 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: 24 November 24
Expected Interview Date: TBC

Key responsibilities will include:

• Attending meetings of the PPC and providing legal advice to the PPC in relation to the investigation and progression of complaints together with the provision of advice in respect of legal issues arising.
• 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.
• 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.
• Assessment of potential complaints including risk analysis and evaluation of patient safety.
• Screening and triaging complaints in line with relevant guidance and legislation
• 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.
• 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.
• 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.
• Overseeing the preparation of cases for decision by the PPC, including obtaining relevant external documentation (including expert reports), preparing legal advice and instructions to Counsel, attending case conferences, liaising with doctors, defence solicitors and others, at all times ensuring proactive case progression.
• 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").
• 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

Responsibilities in relation to Section 60 Matters:

• 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.
• Conducting meetings with the CEO and the President of the Medical Council and providing legal advice in relation to strategic approach regarding all section 60 cases.
• Providing instructions to external legal firms and effectively managing external solicitors and/or Counsel in relation to the preparation and presentation of material in respect of section 60 applications to the Medical Council and/or the High Court

Responsibilities in respect of section 105 of the Act

• Carrying out investigations in relation to doctors who are suspected of practising medicine while unregistered.
• Providing advice to the CEO in relation whether a doctor is practising medicine in contravention of the Act and whether such cases should be reported to An Garda Siochana.
• Providing advice to the CEO in relation to possible injunction applications to the High Court to prevent unregistered medical practitioners practising medicine.
• Developing and/or improving internal processes in respect of the management of Section 105 cases