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Appointment details

Legal Services Board Non-Lay Member

Summary

• Organisation: Legal Services Board
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Public Administration
• Skills: Legal
• Number of vacancies: 1
• Time commitment: 30 day(s) per annum
• Remuneration: £15000 per annum
• Length of term: Four years
• Application deadline: 11am on 12 January 2024

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Timeline for this appointment

1. Opening date

   14 December 2023

2. Application deadline

   11am on 12 January 2024

3. Sifting date

   6 February 2024

4. Interviews expected to end on

   22 March 2024

Timeline dates are only an estimate and can change

About the appointment

Introduction

The LSB is the independent body responsible for overseeing the regulation of lawyers in England and Wales. The LSB came into being on 1 January 2009 and took on the majority of its statutory powers on 1 January 2010. Its goal is to reform and modernise the legal services market place by putting the interests of consumers at the heart of the system.

Introduction from the Chair

Thank you for your interest in becoming a member of the Legal Services Board (LSB).

We are the independent body that oversees the regulation of the legal profession in England and Wales. This large, complex, critical sector includes around 155,000 solicitors, 16,900 barristers, 7,000 chartered legal executives and 6,700 other legal professionals. 

In March 2021, we published a strategy that puts the public and people who need legal services at the centre of regulation. The golden thread is the need to reshape legal services to better meet society’s needs. We have identified a series of key challenges that need to be overcome to do this, such as reducing the significant levels of unmet legal need, improving diversity at all levels of the profession so that the sector is better equipped to represent the society it serves, and supporting innovation in service design and technology to improve access to justice.

The challenges are deep-rooted, but through sector-wide collaboration, we will create a strong and resilient profession. People and small businesses will then find it easier to shop for legal advice and reward firms offering high-quality, transparent, affordable services. Working with others, we will encourage growth and competition, increase professionalism, remove barriers to justice, and enhance the reputation of legal services in England and Wales.

Do you have the skills, energy and determination needed to ensure we achieve our vision?

We are looking for a non-lay member to join the Board, who is keen to use their expertise and enthusiasm to improve the quality and accessibility of legal services, ensuring high professional standards to guide the direction of the organisation.

It is essential that our members are drawn from a range of diverse backgrounds and interests, and we particularly encourage applications from under-represented groups.

I took up the post of Chair of the LSB in April 2023. I have been struck by the wealth of knowledge and experience within my fellow Board members and executive colleagues and their deep commitment to ensuring regulation better connects people to the legal services they need. If appointed, you will be joining a dedicated and effective team, from a range of professional backgrounds, united in their commitment to play our part in positively shaping the future of legal services regulation in England and Wales in support of the regulatory objectives set out in the Legal Services Act 2007.

Appointment description

As a member of the LSB you will be accountable to the Chair. Key responsibilities will include: 

• Working with the Chair and other Board members to give the LSB strategic and policy direction, for the LSB and across the sector, ensuring that the LSB has the necessary resources and that these resources are suitably allocated. 

• Providing strategic input into decisions around the policy and operational remit, organisational design, internal policies and procedures of the LSB. 

• Ensuring that the LSB adheres to the principles of better regulation and continues to fulfil its statutory duties. This will include: 

Approval and recognition – The LSB is responsible for considering a range of applications from both existing approved regulators and those seeking to regulate a reserved legal activity, either as an approved regulator or as a licensing authority; 

Monitoring and enforcement – The LSB monitors approved regulators’ compliance with their regulatory requirements, the Legal Ombudsman’s performance and the wider market places for trends, gaps and competition issues; 

Compliance with regulatory requirements – Should it be necessary, the LSB has powers to ensure that approved regulators meet their requirements. 

• Working effectively with the Chief Executive to provide strong leadership to the LSB to ensure that it adheres to the principles of good corporate governance. 

• Ensuring accounts are properly monitored and maintained. 

• Engaging constructively with the approved regulators and establishing and maintaining good working relationships with all key stakeholders. 

• Ensuring that there is a constructive working relationship with the Ministry of Justice as the LSB’s sponsoring department, in the context that the LSB is wholly independent of government. 

• Ensuring compliance with the general guidelines laid down by government relating to members of public bodies and ensuring that the LSB fulfils all statutory and administrative requirements relating to financial accountability. 

• Representing the LSB externally at conferences, on committees and with other organisations as required. 

Organisation description

More information regarding the Legal Services Board can be viewed at their website.

Board composition

Size and composition of the Board

The Board currently comprises nine members including the LSB’s Chief Executive. Members of the Board are listed below and biographical information for each Board Member can be found on the LSB’s website 

• Alan Kershaw (Chair, lay)

• Kate Briscoe (Member, lay)

• Catherine Brown (Member, lay)

• Dr Gary Kildare (Member, lay)

• Lizzie Peers (Member, lay)

• Clare Brown (Member, non-lay

• Habib Motani (Member, non-lay)

• Flora Page (Member, non-lay)

• Matthew Hill, (Chief Executive)

The Legal Services Act 2007 stipulates that lay majorities at LSB Board and Committee meetings are required in order to be quorate, and as such, the Board normally consists of six lay and four non-lay members as a minimum. 

The LSB has around 34 members of staff and its budget for 2022/23 is £4.287 million. Further information on the LSB and its activities, including its most recent annual report can be found on the LSB’s website: www.legalservicesboard.org.uk

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

Experience as a legally-qualified practitioner providing consumer-focussed legal services; 

A clear understanding and appreciation of diversity and equality in all its forms;

A strong grasp of particular issues facing vulnerable consumers of legal services; 

Strong intellect and sound judgement as well as the highest levels of probity, integrity and other qualities that inspire confidence, trust and respect; and 

Understanding of the purpose of the LSB and its challenges, exceptional communication and relationship building skills, a high level of personal impact with the ability to provide constructive challenge and support to the Board and evidence in effectively dealing with stakeholders.

A good understanding of the role of a Board Member in a public sector organisation operating in a statutory framework. 

Desirable criteria

Track record of driving change and delivering improvement;

Evidence of a commitment to the continuous improvement of professional standards in the provision of legal services.

Application and selection process

How to apply

In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

John Heavens - (Panel Chair) Deputy Director, Legal Services, Judicial and Legal Services Policy Directorate

Alan Kershaw - Chair - Legal Services Board

Mrs Justice Yip - Judicial Representative

Joanne Vance - Independent Panel Member

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

Under Paragraph 2 of Schedule 1 of the Legal Services Act 2007, to be eligible for appointment as a non-lay member you must be or have been: 

(a) an authorised person in relation to an activity which is a reserved legal activity; 

b) a person authorised, by a person designated under section 5(1) of the Compensation Act 2006, to provide services which are regulated claims management services (within the meaning of that Act); 

(c) an advocate in Scotland; 

(d) a solicitor in Scotland; 

 (e) a member of the Bar of Northern Ireland; (f) a solicitor of the Court of Judicature of Northern Ireland. A person is deemed to have been an authorised person in relation to an activity which is a reserved legal activity if that person has before the appointed day been— (a) a barrister; (b) a solicitor; (c) a public notary; (d) a licensed conveyancer; (e) granted a certificate issued by the Chartered Institute of Legal Executives authorising the person to practise as a legal executive; 

(f) a registered patent attorney, within the meaning given by section 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48); 

(g) a registered trade mark attorney, within the meaning of the Trade Marks Act 1994 (c. 26); or 

(h) granted a right of audience or a right to conduct litigation in relation to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) (rights of audience and rights to conduct litigation). 

For the purpose of the above paragraph: “appointed day” means the day appointed for the coming into force of section 13; “licensed conveyancer” has the meaning given by section 11(2) of the Administration of Justice Act 1985 (c. 61). 

Addendum The definition of an authorised person in relation to an activity – which is a reserved legal activity – is non-exhaustive and is likely to cover other roles such as costs lawyers.

Given that the LSB’s remit covers England and Wales, there is an expectation that the person appointed will be resident in England and Wales.

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact  Mark Lambert (mark.lambert@justice.gov.uk)

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life. These are:

1. Selflessness - Holders of public office should act solely in terms of the public interest.
2. Integrity - Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3. Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. Accountability - Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
5. Openness - Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
6. Honesty - Holders of public office should be truthful.
7. Leadership - Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid. 

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the public appointments team in the first instance if you would like to make a complaint regarding your application at publicappointmentsteam@justice.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Contact details

If you require more information on the public appointments process, please contact mark.lambert@justice.gov.uk