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Salaried Judge of the First-tier Tribunal, Heath Education and Social Care Chamber, Special Educational Needs and Disability
022: Salaried Judge of the First-tier Tribunal, Health Education and Social Care Chamber, Special Educational Needs and Disability (SEND)
The judge will initially take up a role across three wide ranging national and England-Wales jurisdictions within the Health Education and Social Care Chamber, which includes SEND, Care Standards and Primary Health Lists jurisdictions.
The SEND jurisdiction deals with parents’/carers appeals against decisions of local authorities about children’s special educational needs. Care Standards hearings principally concern regulatory breaches enforced by the Care Quality Commission and Ofsted against whom appeals are heard. Primary Health Lists appeals, in the main, concern a refusal by the National Health Service Commissioning Board to allow doctors, dentists or pharmacists to practice on behalf of the NHS.
Due to the wide ranging jurisdictions, it is not unusual for a judge in this area to be dealing with the fitness of a company to run nursing homes in a case presented by leading counsel and then to assist an appellant in person with learning difficulties to present a case concerning their child. The role is highly varied and requires not only an ability to expertly consider the law, but also an ability to deal sensitively with all parties.
The judge must deal with cases fairly and justly, which includes avoiding unnecessary formality in proceedings. The judge is expected to be fully conversant with relevant legislation for each jurisdiction, the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, practice directions and guidance from the Senior President and the jurisdiction’s senior judiciary.
As a salaried Tribunal Judge you will have leadership responsibility and be responsible for providing support and guidance to fee-paid judges. This will involve participating in judicial training, including the writing and delivery of judicial training material. In conjunction with the Deputy Chamber President, the judge will also be responsible for appraising and mentoring the performance of tribunal members, and providing written reports and recommendations as required by the Chamber President.
This post is open to solicitors and barristers in England, Wales and Northern Ireland, advocates or solicitors in Scotland, and Fellows of the Chartered Institute of Legal Executives, with five years post qualification experience.
You should be aware that the Lord Chancellor expects that candidates for salaried posts will have sufficient directly relevant previous judicial experience. This means sitting as a judge in a salaried or fee-paid capacity. For fee-paid judges this should be for a period of at least two years or 30 sitting days. Exceptions may be made for those who have demonstrated the necessary skills in some other significant way.
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Please check back regularly to see if the selection exercise remains in the programme or if the launch date or number of vacancies has changed