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Role details

Independent Member of the Office of the Public Guardian’s Audit and Risk Assurance Committee

Application deadline 21 November 2023

Summary

• Organisation: Office of the Public Guardian
• Sponsor department: Ministry of Justice
• Location: West Midlands
• Sectors: Public Administration
• Skills: Audit and Risk, Change Management, Technology / Digital, Transformation
• Number of vacancies: 1
• Time commitment: 5 day(s) per annum
• Remuneration: £2000 per annum
• Length of term: 3 year
• Application deadline: 11pm on 21 November 2023

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Timeline for this appointment

1. Opening date

   8 November 2023

2. Application deadline

   11pm on 21 November 2023

3. Sifting date

   15 December 2023

4. Interviews expected to end on

   19 December 2023

Timeline dates are only an estimate and can change

About the role

Introduction from the Chair

Dear Candidate,

Thank you for considering applying for this important role as an Independent Member (IM) on the Audit and Risk Assurance Committee at the Office of the Public Guardian (OPG). OPG is an agency of the Ministry of Justice (MoJ) and was established in 2007. We support and enable people to plan ahead for their health and finances to be looked after should they lose capacity by registering Lasting Power of Attorney applications.

We also safeguard the interests of people who may lack the mental capacity to make certain decisions for themselves, through our supervision of court-appointed deputies and investigation work when concerns are raised. This is an exciting time to join OPG as we are currently undertaking a significant transformation programme. Royal Assent has been granted on legislation that will allow us to provide digital Lasting Powers of Attorney, improve the existing paper-based channel, and introduce additional safeguarding measures.

Our IM contributes to and participates in the work and effective running of OPG’s Audit and Risk Assurance Committee. We are currently seeking to appoint one new member whose external knowledge and expertise will provide the constructive and effective challenge required in discussions to inform decision making.

More detailed information about the IM role and the skills and qualities we are looking for is set out in this pack. If after reading the material you have further questions about any aspect of this post, you are welcome to speak to Mo Saqib (Private Secretary to the CEO and Public Guardian) who can be contacted by email at Mo.Saqib@publicguardian.gov.uk

If you have questions about the appointment process, you can speak to Mo Saqib by emailing the address given above or the Public Appointments Team at: PublicAppointmentsTeam@justice.gov.uk

If you have the experience and qualities we are seeking, we very much look forward to hearing from you.

Amy Holmes

Chief Executive and Public Guardian

November 2023

Role description

We are looking for exceptional candidates to join the OPG as an IM with knowledge, skills or experience of governance at senior levels in a large organisation in either the private or public sector. A good understanding of change management to help OPG with the significant transformation programme we are delivering over the next three years is key. Experience of working with audit committees in an operational delivery environment would be welcome.

Additionally, it would be expected that applicants for the role of IM could demonstrate experience of working effectively in partnership with multiple stakeholders; strong communication and interpersonal skills and change and risk management.

As an IM you will contribute to and participate in the effective running of the agency’s audit and risk assurance committee, using your external knowledge and expertise you will provide constructive and effective challenge in committee discussions and to inform decision making.

You will be given regular opportunities to meet with the Chief Executive (and once they are appointed, the Non-Executive Board Chair) to reflect on your role, review your performance and evaluate the arrangement between you and the agency. You will also have regular opportunities to meet the Chair of our Audit, Risk and Assurance Committee.

You will not be an employee of OPG. Accordingly, nothing in this brief shall be construed, or taken to create an offer of contract of employment between yourself and OPG.

Organisation description

The OPG, an  Executive Agency of the MoJ, was established by  the Mental Capacity Act 2005 and serves to protect people that lack mental capacity. The ‘Office’ supports the Public Guardian in her duties of the registration of Enduring Powers of Attorney (EPA), Lasting Powers of Attorney (LPA) and the supervision of deputies appointed by the Court of Protection. The Public Guardian also has a significant safeguarding role which includes investigating concerns about the actions of registered attorneys and deputies.

Our mission is to support everyone to take the decisions they need to and to protect the interests of those who are unable to make decisions. We do this by putting our customers at the heart of what we do and by enabling people to plan ahead and make decisions for their health and finances while they still can. We safeguard the interests of people when they no longer can, through the supervision of court-appointed deputies and by investigating concerns when they are raised.

Royal Assent was recently (Sept 2023) given to what is now the Powers of Attorney Act 2023. The Act will enable the public to make LPAs online while improving the existing paper-based channel. These changes are essential for modernising LPAs and helping OPG to process the growing demand for LPAs. As OPG is therefore undergoing a significant transformation, we need to ensure we have the right skills and capability within the organisation to support the planned changes.

Person specification

Essential criteria

Candidates will be able to demonstrate the following:

·            Knowledge, skills or experience in governance and risk at a senior level, including experience of working with audit committees; board-level management experience in a major delivery organisation (in either the private, public or third sector); experience of building relationships to work with multiple stakeholders, and reconciling their differing needs;

·            Exceptional communication skills, high level of personal impact and the ability to provide constructive and independent challenge and support to the committee;

·            Independence of judgement, 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;

·            An understanding and experience of finance, audit, financial management disciplines and statutory reporting requirements.

Desirable criteria

• Holds a recognised CCAB qualification, or equivalent.

• Experience at senior levels in a large organisation in either private or public sector, and/or an understanding of working with government and of the justice sector.

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
• Referee details – please give names/contact details of two referees (who will be contacted if you are shortlisted for interview) and email these to PublicAppointmentsTeam@Justice.gov.uk quoting the campaign name and reference number PAT160089

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.

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

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)

The Panel will be:

• David West, Head of MoJ Public Bodies Centre of Expertise (chair)
• Amy Holmes, Chief Executive and Public Guardian
• Martyn Burke, Chair of OPG’s Audit, Risk and Assurance Committee and Non-Executive Board Member
• Cindy Butts, 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

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;

• you are employed by the UK Civil Service      

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  publicappointmentsteam@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.

If you have a disability and require any arrangements or adjustments for any part of the recruitment or selection process, please state clearly on your application and contact Maggie Garrett by emailing  the Public Appointments Team at: PublicAppointmentsTeam@Justice.gov.uk  (quote PAT 160089 in any correspondence)

Further information can be found via this link: https://publicappointments.cabinetoffice.gov.uk/recording-whether-or-not-you-have-a-disability/

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

If you have a complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write to or e-mail the Public Appointments Team at the address or e-mail address given below quoting the reference number PAT160089.

Maggie Garrett, Co-Head of MoJ Public Appointments Team, Public Bodies Centre of Expertise, Ministry of Justice, 

OR

Alexandra Morton, Ministry of Justice, Co-Head of the Public Appointments Team, Public Bodies Centre of Expertise, Ministry of Justice: 

E-mail address: PublicAppointmentsTeam@justice.gov.uk 

Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or the closure of the recruitment competition, whichever is the later.

We will acknowledge your complaint within two working days of receipt and reply within 20 working days of receipt. We will tell you if we cannot meet this deadline for any reason and provide an expected reply date.

Taking it further: If you are still concerned after receiving your reply you can write to:

Amy Holmes, CEO & Public Guardian, Office of the Public Guardian, Victoria Square House, 1 Pinfold Street, Birmingham, B2 4PP, or email OPGPublicGuardian@publicguardian.gov.uk

Alternatively, please contact the Public Appointments Team at PublicAppointmentsTeam@justice.gov.uk for a printed copy of the complaints process.

Data protection

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

Your personal Information 

In accordance with the Public Appointments Order in Council 2019(4)(5), we will process your application in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter. 

We will hold your data securely and access will be restricted to those dealing with your application or involved in the recruitment process. We will share your data with the Commissioner for Public Appointments and other relevant government departments, including the Cabinet Office, as part of a complaint investigation or review of the recruitment process. Cabinet Office will handle data in accordance with their Privacy Notice https://apply-for-public-appointment.service.gov.uk/privacy.  

Your data may also be disclosed as required by law or in connection with legal proceedings. We will store your data for up to two years and processed for the purpose of the recruitment process, diversity monitoring and, if successful, your personal record. If appointed, your data will be stored for the duration of your tenure and may be shared with the organisation to which you are appointed, unless you specifically request us not to.  

Should you wish your data to be removed from our records, please contact publicappointmentsteam@Justice.gov.uk. 

Contact details

Guidance for those applying for an MoJ Public Appointment

When applying for a public appointment, we require a CV and a Supporting Statement

This guidance gives some helpful tips on how best to present yourself to the panel who will be reviewing your application. There is no official or ‘correct way’ to write your CV or supporting statement, this is simply a guide that you may wish to refer to or use as a template.

1.     CV

Here are a few pointers to keep in mind whilst writing or updating your CV:

o   Please write your name at the top;

o   Do not write more than 2 pages. We appreciate this may be a challenge and your achievements could spread across several pages. However, please appreciate that the panel may have a large number of applications to assess so brevity would be appreciated.

o   Avoid spelling and grammatical errors;

o   Tailor it to the position you’re applying for. Make sure to draw attention to how you have met the essential and desirable criteria throughout your achievements in life. An opening paragraph at the top of the front page would be beneficial;

o   Use an updated CV. Explain what you are currently doing or what you most recently have done that fits to the role you are applying for, including dates of the positions you have held;

o   Avoid big blocks of solid text. Using bullet points will help those reading the CV;

o   Always explain what abbreviations stand for;

o   Only include key information. The panel do not need to know about your hobbies unless they specifically match the criteria of the role you are applying for. Personal details including name, address, phone number & email address should be included. There is no legal requirement for you to put your age, or any other protected characteristic (under the Equality Act 2010) on your CV.

2.     Supporting Statement

Your supporting statement is an opportunity to prove to the panel your reasons for applying for the role as well as highlighting your skills and attributes.

o   Do not write more than 2 pages.

o   Use models to help structure your paragraphs. There are two models that you may find useful when writing your supporting statements:

o   The WHO Model – What was your personal role? How you did it? And what was the Outcome? placing emphasis on the successful outcome.

o   The STAR approach – Situation: briefly describe the context and your role, Task: the specific challenge, task or job that you faced, Action: what you did, how and why you did it and Result: what you achieved through your actions.

o   Use the essential criteria as headings. The essential criteria for roles can be found on the advert on the Cabinet Office website and within the Candidate Information Pack. It is useful to the panel when assessing your application. For example:

“Demonstrate intellectual capacity with the ability to make evidence-based decisions”

You would write a paragraph using evidence from your current role or from recent examples of how you have demonstrated the ability to make evidence-based decisions whilst achieving goals. You would then link this work to the public body you are applying for and how your work directly benefits the ALB and how you can be a part of the its future with your skill-set.