Court of Protection and Inquest Lawyer
Closing date: 17 May 2026
We are seeking a full time, permanent Court of Protection and Inquest Lawyer to join our specialist Legal Services team. Reporting to the Associate Director of Legal Services, this high profile, varied role offers significant autonomy within a statutory framework.
You will provide expert advice on a complex, sensitive caseload, primarily Court of Protection and Coronial/Inquest matters. The role requires strong analytical skills, sound judgement, and confidence handling contentious, emotive issues.
The post holder must be a qualified Solicitor or Chartered Legal Executive (minimum 2 years PQE), with rights of audience in Coronial proceedings and a current practising certificate. Adult Social Care experience is essential; NHS experience is not required.
Main duties of the job
- Develop, plan and implement legal strategies to meet organisational priorities and client needs.
- Attend MDT meetings and brief the Associate Director of Legal Services for Board and executive reporting.
- Build and maintain effective relationships with internal and external stakeholders.
- Supervise and support junior staff, contributing to team development and capability.
- Draft legal submissions, liaise with Counsel, attend court and undertake advocacy.
- Provide flexible legal support across the Trust.
- Deliver clear, pragmatic advice across healthcare and adult social care law.
- Contribute to training and education on legal, clinical and risk issues.
- Act as primary contact for Court of Protection matters, providing timely, authoritative advice including workshops and ad hoc sessions.
Job responsibilities
You will act as a lead legal specialist for the Trust's Court of Protection function, providing expert advice and oversight across a broad and sensitive caseload.
- Consent and capacity (adults and children).
- Use of restraint and restrictive practice.
- Deprivation of Liberty Safeguards (and transition to Liberty Protection Safeguards).
- Mental Health Act matters.
- End of life decision making.
- Inquests involving mental health, mental capacity or deprivation of liberty issues.
You will have experience in:
- Conducting litigation relating to the welfare and property of vulnerable adults, including Court of Protection applications.
- Providing detailed written and oral advice on the Care Act 2014, Mental Health Act 1983 and Mental Capacity Act 2005.
- Reviewing and advising on witness statements and evidential material.
- Preparing Court of Protection applications and participating in Best Interests decision making processes.
- Managing a complex caseload involving mental health, safeguarding, ordinary residence, deprivation of liberty and related issues.
- Advising on adult social care law and delivering associated training.
- Developing policies, procedures and strategic approaches to adult social care legal issues.
- Supervising colleagues and contributing to team development and capability building.
Coroner's inquests
You will support the Associate Director of Legal Services in representing the Trust throughout the Coronial process.
- Act as Trust lead for inquests involving mental health, mental capacity and deprivation of liberty issues.
- Ensure staff involved in inquest proceedings are appropriately supported and understand the process.
- Liaise with and brief Counsel and external legal representatives where required.
- Provide clear guidance to clinical and managerial staff involved in the inquest process.
- Undertake advocacy at inquest hearings where appropriate.
Qualifications
- Qualified Solicitor or Chartered Legal Executive with minimum 2 years PQE.
- Admission as Solicitor of the Supreme Court of England and Wales, or equivalent, with minimum 2 years post qualification experience.
- Adult social care experience.
- Postgraduate degree in Medical Law or Medical Law and Ethics (desirable).
Disclosure and Barring Service Check
This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and requires a Disclosure and Barring Service check to confirm no previous criminal convictions.
Torbay and South Devon NHS Foundation Trust
Salary: £66,582 - £77,368 a year, pro rata.