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Appointment details

Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council - Lead Non-Executive Director

Summary

• Organisation: The Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Accountancy, Audit and Risk, Business, Change Management, Commercial, Communication, Judicial, Regulation
• Number of vacancies: 1
• Time commitment: 20 day(s) per annum
• Remuneration: £10,000 per annum
• Length of term: Appoinment is initially for a 3-year period with the possibility for extension for up to a further 3 years.
• Application deadline: 11:59pm on 26 October 2022

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Timeline for this appointment

1. Opening date

   6 October 2022

2. Application deadline

   11:59pm on 26 October 2022

3. Sifting date

   31 October 2022

4. Interviews expected to end on

   21 November 2022

Timeline dates are only an estimate and can change

About the appointment

Introduction

Lead Non-Executive Director with responsibility for chairing the UKSC Board The Supreme Court is the United Kingdom’s (UKSC) highest court of appeal. It hears appeals on arguable points of law of general public importance, concentrating on cases of the greatest significance. The UKSC is the final court of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and Northern Ireland and (in certain cases) Scotland. The Court plays an important role in the development of UK law. The impact of UKSC decisions extends far beyond the parties involved in any given case, helping to shape our society. Its judgments directly affect everyday lives. In 2022 the Court started a wide-ranging administrative Change Programme which will be delivered over the next three years.  The Programme will focus on our people, culture and processes, putting user needs at the heart of everything we do.  Technology and online services will be the enabler for building an excellent customer journey, delivering online services that our users rightly expect and need. This will greatly improve our efficiency and effectiveness and we will continue to build on the flexibility and resilience of our workforce providing them with the skills and tools that they need to deliver excellence as part of the Skilled Civil Service. The Programme is also about transparency and outreach so that we can serve the public by ensuring that our work is visible and accessible and trusted.  Governance Framework    As part of readying itself for change, the UKSC has undertaken a governance review.  As a result of that review, a new governance structure has been developed and two Non-Executive Directors are to be appointed: one Lead Non-Executive and one Change Non-Executive.  This will ensure that the Court can deliver both now and, in the future, as well as making sure the right decisions happen at the right time and in the right way.  As part of the review, a new UKSC board has been established.   This is an advisory Board (which accords with the status and delegations of the Court as set out in the Constitutional Reform Act 2005). The UKSC Board will provide advice, support to and scrutiny of, the Chief Executive and senior staff on strategy, performance, and governance of the UKSC and seek to assure itself of the proper management of the UKSC by the Chief Executive. It has no role in any judicial functions of the Court.  The Board will be advisory and will not exercise any powers of the President of the Court or of the Accounting Officer. The Board will advise on and supervise the following areas:

• Strategic clarity
• Commercial Sense
• Talented people
• Results and Performance
• Management Information

The Board will operate according to recognised precepts of good corporate governance in business: leadership, effectiveness, accountability and sustainability. The Audit and Risk Assurance Committee (ARAC) and Remuneration Committee (REMCO) will report to the UKSC Board.  The Change Programme Board will report directly to the CEO as Accounting Officer but will  regularly update the UKSC Board.

Appointment description

Time Commitment

If successful you will be required to attend and, where identified, chair meetings of the UKSC Board (which meets quarterly and will be less than 0.5 of a day), ARAC (meets three times a year for approximately two hours with the potential for an extraordinary ARAC to consult regarding the annual report and accounts process). You will also be required to attend the Strategic Advisory Board, which falls outside of the governance structure.  It is  a meeting between the President, Deputy President and another Justice of the Court, senior staff and the Non-Executive Directors providing time for reflective discussion and a review of strategic areas with the aim of sharing the three different perspectives.  These meetings take place twice a year for less than two hours), This will involve an estimated time commitment of approximately 15 days per year.  Fee

The fee for this appointment is £10,000 per annum paid on a regular monthly basis. This equates to £500 per day based on a total of 20 days per year including reading time and additional requests throughout the year and recognition that as Lead NED you will be chairing the UKSC Board.   Term of Appointment

Appointment is initially for a 3-year period with the possibility for extension for up to a further 3 years.  

Person specification

Essential criteria

Purpose of the role As a result of the governance review and the establishment of the UK Supreme Court (UKSC) Board, we have created a new role of Lead Non-Executive with responsibility for chairing the Board.  The UKSC also require the Lead Non-Executive to be financially qualified as they will also be required to Chair Audit and Risk Assurance Committee (ARAC). The Lead Non-Executive Director has responsibility for chairing the UKSC Board and ARAC.  They will have the responsibility for ensuring that the UKSC Board provides appropriate oversight, governance, advice and challenge to the Chief Executive.  As Chair of the Board and ARAC, you will maintain a high standard of discussion and debate, helping to steer the organisation. As a non-Executive Director, you will provide expert advice based on your extensive knowledge and experience and bring a valuable external perspective to the UKSC.  You will bring oversight, support and constructive challenge to the work of the organisation. You may also be involved in working groups or offer support and advice to individual staff members, in addition to ad hoc pieces of work across the organisation. Your input to the role: To provide scrutiny and constructive challenge on a range of strategic, performance and operational issues including: 

• Delivery of the Court’s business plan
• Operational  policy development  
• Regularity and Propriety
• Audit Risk and assurance
• Governance 
• Change Programme and improvements to existing processes
• Specialist risk topics (e.g., security, fraud, whistleblowing, health & safety, reputation)  

In addition: 

• To chair UKSC Board and ARAC meetings and enable a high standard of discussion and debate, helping to steer the organisation by facilitating collaborative, inclusive working and a continuous improvement ethos
• To share experience at a senior level of transformation or change programmes
• To provide appropriate support and advice to the Accounting Officer
• To support the UKSC Board and ARAC in ensuring the right issues are considered and appropriately considered
• To ensure compliance with the Civil Service Code and rules relating to the use of public funds
• To participate in senior recruitment if necessary
• To contribute to significant projects and business objectives by offering sound advice, challenge and suppor

Person Specification:

• Proven experience of chairing or being deputy chair of complex, but not necessarily large organisations with a number of high-profile stakeholders in the public sector
• Qualified Financial Accountant with experience at a senior level (desirable but not essential)
• Experience of serving on an Audit Committee
• Familiarity with current approaches to risk management, internal control and corporate governance
• Experience of dealing with internal and external audit
• Ability to provide clear, effective strategic leadership
• Ability to engage constructively and build effective working relationships
• Exceptional communication skills, high level of personal impact and the ability to provide constructive and independent challenge and support to the  UKSC Board
• Independence of judgment, the capacity to bring a fresh, external view to decision-making, and an outstanding track record of board level career achievement
• Ability to analyse complex information, reach practical decisions and to think strategically
• Sound knowledge and experience of good governance at senior levels in an organisation in either private or public sector, and/or an understanding of working with government and/or the National Audit Office
• Knowledge of the justice sector would be beneficial
• Ability to apply commercial insight in a public sector context

Desirable criteria

Qualified Financial Accountant with experience at a senior level (desirable but not essential)

Application and selection process

How to apply

In order to apply you will need to send a Curriculum Vitae which provides details of your education and qualifications, employment history, directorships, membership of professional bodies and details of any publications or awards;

A Supporting Statement (no more than 1500 words) setting out how you meet the eligibility criteria;

Plus any information relating to outside interests or reputational issues that may impact your application or the organisation.

Overview of the application process

Applications are by CV and supporting statement (no more than 1500 words) to Grainne.Hawkins@supremecourt.uk by midnight on 26 October 2022

Shortlisted candidates wil be invited to attend an in person interview in mid-November (date to be confirmed)

Feedback will only be provided to those invited to interview.

Advisory Assessment Panel (AAP)

Panel Chair:

Vicky Fox - Chief Executive of UK Supreme Court

Department Official:

Sam Clark - Director of Corporate Services and Change (UK Supreme Court)

Senior Independent Panel Member:

Kathryn Cearns - Non-Executive Director for UK Supreme Court

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

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 Grainne.Hawkins@supremecourt.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 https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

1. SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
2. INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
3. OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
4. ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
5. OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
6. HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
7. LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

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 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 the Chief Executive of the Supreme Court.  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

You will not be eligible for pension and redundancy in this role

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

If you would like to make a complaint please contact Recruitment@supremecourt.uk  

Data protection

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

Please find the UK Supreme Court privacy notice here.

Contact details

For any questions or further information please contact grainne.hawkins@supremecourt.uk