REF: OPG0001
OFFICE OF THE PUBLIC GUARDIAN AND COURT OF
PROTECTION VISITORS
INFORMATION FOR APPLICANTS
REF: OPG0001
PERSON SPECIFICATION
Introduction
The Office of the Public Guardian is seeking applications from suitably qualified and experienced individuals for the Court
of Protection General Visitors panel. Appointments will be made on a 3 year term.
On appointment, visitors will be allocated visits dependant on an individual’s locality. We initially expect to allocate a
minimum of 25 visits per annum but may vary over the 3 years.
Who We Are
The Office of the Public Guardian (OPG), established in October 2007, is an agency of the Ministry of Justice. The OPG
replaced the Public Guardianship Office, the former administrative arm of the Court of Protection, which was established
on 1st April 2001.
The Public Guardian (Chief Executive) is responsible for the management and organisation of the OPG. The Chief
Executive is responsible to the Lord Chancellor and Secretary of State for Justice for the effective operation of the
agency.
What We Do
The principal functions of the OPG/Court of Protection are to support and promote decision-making for those who lack
capacity or would like to plan for their future, within the framework of the Mental Capacity Act 2005.
The Public Guardian, supported by the Office of the Public Guardian, helps protect people who lack capacity by:







Setting up and managing a register of Lasting Powers of Attorney (LPA);
Setting up and managing a register of Enduring Powers of Attorney (EPA);
Setting up and managing a register of court orders that appoint Deputies;
Supervising Deputies, working with other relevant organisations (for example, social services, if the person who lacks
capacity is receiving social care);
Instructing Court of Protection Visitors to visit people who may lack mental capacity to make particular decisions, and
those who have formal powers to act on their behalf such as Deputies;
Receiving reports from Attorneys acting under LPAs and from Deputies; and
Providing reports to the Court of Protection, as requested, and dealing with cases where there are concerns raised
about the way in which Attorneys or Deputies are carrying out their duties.
The Public Guardian is also personally responsible for the management and organisation of the OPG, including the use of
public money and the way it manages its assets.
The Court of Protection makes decisions in relation to the property and affairs and healthcare and personal welfare of
adults (and children in a few cases) that lack capacity. The Court also has the power to make declarations about whether
someone has the capacity to make a particular decision.
The Court has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court.
It is a superior court of record and is able to set precedents (set examples to follow in future cases).
The Court of Protection has the powers to:







decide whether a person has capacity to make a particular decision for themselves;
make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make
such decisions;
appoint deputies to make decisions for people lacking capacity to make those decisions;
decide whether an LPA or EPA is valid; and
remove deputies or attorneys who fail to carry out their duties, and
hear cases concerning objections to register an LPA or EPA and make decisions about whether or not an LPA or
EPA is valid.
direct Court of Protection Visitors to visit and report.
REF: OPG0001
We currently have offices in Archway, North London, Birmingham and Nottingham and have responsibilities that extend
across the whole of England and Wales (separate arrangements exist for Scotland and Northern Ireland). By 2012 the
Archway office will have moved to Birmingham leaving only the Chief Executive and his policy and support team in
London.
Court Of Protection Visitors
A Court of Protection Visitor is a person appointed by the Lord Chancellor to a panel of special or general visitors.
Until 1981, the Lord Chancellor’s Medical and Legal Visitors carried out all visits to Court of Protection clients. In 1981,
the Lord Chancellor created a panel of lay General Visitors, membership of which was initially drawn from the welfare
officers in his own department. The panel gradually developed and included people from a wide variety of backgrounds.
The Mental Capacity Act continued the requirement to have a panel of Special and General Visitors appointed by the Lord
Chancellor, although the requirement for a legal visitor was dropped. Special Visitors are required to be registered medical
practitioners or have other suitable qualifications, training and knowledge of experience of mental impairment. General
Visitors are not required to be registered medical practitioners but qualifications in or experience of mental capacity issues
are essential.
The role of a Court of Protection visitor is to visit Clients, Deputies, Attorneys and associated agencies (eg Social
Services, Care Home Managers) and provide written reports to the OPG or Court within a designated timescale and in
accordance with agreed targets and standards. It may occasionally be necessary for you to attend Court to give a verbal
account of your report and the visit made.
How Visits are Arranged
Either the Court or OPG will commission a visit. The commission document sent directly to the visitor outlines the purpose
of the visit, and gives a date for return of the report. In the main an OPG visit and report should be completed within 8
weeks whereas a Court visit has an 8-week turn around. The visit may be to anyone involved in the matter but is usually
to the client or deputy and on occasion it may be necessary for the Visitor to examine or take copies of specific records
(for example, medical or social care records) in relation to the client.
Visitors are responsible for arranging their own visits and diaries.
Visit Reports
Once a visit has taken place, the Visitor must complete a report in a prescribed format, which is then sent into the OPG for
processing. Occasionally it may be necessary for the Visitor to attend the office and provide an oral report to the Public
Guardian or the Court. Reports must address all relevant issues and be presented accurately and objectively.
Job Objectives

Organise and manage visits to clients, court- appointed deputies and others on behalf of the Office of the Public
Guardian.

Prepare and submit reports for the Public Guardian and Court of Protection within agreed timsecales, ensuring that all
relevant issues are addressed and are presented accurately and objectively.

Work closely with staff within Supervision and other teams in the OPG to ensure that the Visits service is efficient and
effective. Liaise with other Visitors to co-ordinate work effectively across the regions.

Liaise with Deputies, carers and other agencies and partners, eg Local Authority Social Services Departments,
Primary Care Trusts, etc to ensure effective provision of the Visitors service and develop stakeholder relationships.

Liaise with Regional Courts, out of hours services of the Court of Protection, Local Authority Social Services Out of
Hours Services and other bodies as required.

Maintain files, data, spreadsheets and reports, ensuring confidential information is securely held.

Manage and maintain equipment and stationery belonging to the Office of the Public Guardian.
REF: OPG0001

Communicate by email, internet, telephone and other means with Deputies, agencies and the OPG, as required.

Produce a monthly activity report for the Head of Supervision.

Participate in case reviews if required.

Maintain and develop your knowledge of the Mental Capacity Act.

Attend ad hoc and planned training events in London after discussion with the Visits Manager.

Support and contribute to the aims, objectives and performance of the OPG. Promote a constructive work
environment in which you support your colleagues and raise any issues objectively and openly. Discuss any concerns
with the Visits Manager.

Positively promote and implement diversity and equality of opportunity in all areas of work.

Take reasonable care for own health and safety and for the safety of others in consideration of OPG Health and
Safety procedure.
Skills and Experience
Professional knowledge, experience or qualifications in social care or health, or areas related to finance or law (e.g. health
profession, social work, finance, etc) with the ability to travel independently.
Experience of managing a caseload and of maintaining accurate, confidential records.
Experience of interviewing and assessments at a range of levels and in a variety of contexts, knowledge of mental
capacity issues.
Ability to travel extensively to visits.
In addition to the above you would need to be able to work closely with staff within supervision and other teams in the
OPG to ensure that the visits service is efficient and effective. You would also need to liaise with a variety of bodies
including deputies, carers and other agencies and partners to develop stakeholder relationships on behalf of the office.
You will need to be able to communicate by e-mail, internet, telephone and other means with deputies, agencies and the
OPG as and when required.
You must be able to comply with the MOJ data security policy for contractors (attached Annex A).
Due to the nature of the post, an enhanced CRB certificate will be required.
Essential Criteria
See the core competence profile on the following page.
REF: OPG0001
Competencies
Competence
Outcome
1
Focusing on the
Meeting customers’ needs and being able to continually improve

I explain and value the needs and expectations of customers
customer
the services we provide to make sure our customers and

I build relationships with stakeholders to help deliver an excellent service
stakeholders receive an excellent service.

I maintain effective partnerships with stakeholders

I communicate and set the appropriate standards of behaviour for customer service

I manage systems so customers can give feedback and use their comments to
improve services
2
Examples of how these will be demonstrated in the job
Developing our
Behaving ethically and professionally within your role, being aware

I take responsibility for my own professional development
people
of your and other people’s strengths and weaknesses, and taking

achieve high levels of performance in yourself and others.

I use a range of appropriate techniques to promote equal opportunities and
diversity (valuing people’s differences)
I understand and communicate the organisation’s priorities
Using evidence to
Identifying and using various sources of evidence, interpreting it to

I identify the issue and choose the types of evidence I need to support, alter or reject
make decisions
understand how relevant and valid it is, to make sure your
steps to learn and develop over the course of your career and
3
decision-making helps increase your performance and success.
4
decisions

I look at issues in detail to decide whether the evidence is relevant

I understand how differenct sources of evidence can vary in how valid, relevant and
limited they are
Planning and
Making sure the organisation delivers its priorities, tasks and

I prioritise tasks to achieve my goals
managing resources
forecasts, managing relationships and risks and using resources

I take responsibility for achieving results using available resources (people, budgets
appropriately to achieve success.
5
Working as a team
Working effectively with other people and using the diversity of the
team to create a working environment which helps achieve the
task.
and assets)

I manage how we consult and communicate with stakeholders and understand the
risks of not doing so

I meet regularly with people form other departments to share information and
best practice
I know how and when to consult experts and value their advice to make sure
the team is supported
I build trust through sharing information, knowledge, experience and
expertise
I adapt how I communicate depending on the audience



REF: OPG0001
Specific Vacancy Information
Remuneration
OPG and Court of Protection Visitors will be paid a fixed fee for each report.
£100 is payable for a standard visit and report made within a 30 mile radius of your home location and £125 is payable for
all other OPG reports. Court reports will be paid at £180. Exceptionally complex OPG reports will also be paid at £180.
Terms of Appointment
Visitors will be engaged on a self-employed basis and will be responsible for paying their own tax and national insurance.
This position may be combined with other appointments, paid or unpaid.
It is expected that visitors will be circumspect about any additional appointments they undertake to avoid any possible
conflict of interest.
Terms of Appointment will apply. The appointment is made initially for three years but can be reviewed by either party
during that time.
Selection Process
Applicants who appear, from the information provided, to have the most appropriate experience will be invited to attend for
interview at the OPG Offices in North London or at an OPG building in Birmingham.
Travel expenses will not be paid.
If you are selected for appointment, we would need to take up references and carry out a CRB check to ensure that you
are suitable for appointment.
How to Apply
You will need to complete a short application and diversity monitoring form and we also ask you to send a copy of your
CV. The preferred method of application is by downloading forms from www.direct.gov.uk/mentalcapacity and e mailing
the completed, signed forms, to opgpaneldeputysupportteam@publicguardian.gsi.gov.uk.
If you do not have access to the internet, you can request a hard copy pack by contacting the visits team on 0207 664
7120
Hard copy forms must have proof of posting prior to the closing date of 27th May 2011.
The posts are open to UK Nationals, European Economic Area Nationals and Swiss Nationals (and certain family
members) and Commonwealth Citizens with permanent leave to remain in the country.
Data Protection
Your personal data will be held in secure conditions for 12 months if you are unsuccessful. If you are successful, the data
will be passed to your new employer. Access will be restricted to those who need it in connection with dealing with your
application.
REF: OPG0001
The equal opportunities questionnaire is used for monitoring the selection process only. If you do not wish to have these
details recorded, please return the form uncompleted.
If you give any information which you know is false, or you withhold any relevant information, this may lead to your
application being rejected or, if you have already been appointed, to your dismissal.
Nationality
The Ministry of Justice is required to meet Civil Service nationality rules for all posts.
The Ministry of Justice requires applicants to be a UK national or have dual nationality, with one part being British. In
addition, all posts below that of Senior Civil Servant are open to Commonwealth citizens, nationals of any of the member
states of the European Economic Area (EEA) and certain non-EEA family members (such as spouse, descendant or
dependent relative) who have moved to the UK for an approved purpose.
During the recruitment process, you will be asked about your nationality at birth, whether you are subject to immigration
control, and whether there are any restrictions on your continued residence or employment in the UK.
Equal Opportunities
The Ministry of Justice is an equal opportunities employer.
Equal Opportunities for People with Disabilities
The Ministry of Justice is committed to providing services which embrace diversity and which promote equality of
opportunity. As an employer, we are also committed to equality and valuing diversity within our workforce. Our goal is to
ensure that these commitments, reinforced by our Values, are embedded in our day-to-day working practice with all our
customers, colleagues and partners.
Regional Human Resources disabled persons contact: Savio D’Silva 0203 334 4856 (Disability queries only)
Managing Diversity
The Ministry of Justice is committed to equality of opportunity and diversity. This commitment is reflected in all our
employment practices, policies and procedures.
This means that no employee or potential employee will receive less favourable treatment due to their race, nationality,
colour, ethnic or national origins, religion, sex, marital status, disability, AIDS/HIV status, sexual orientation, age, gender
reassignment, work pattern or membership or non-membership of a trade union or any other irrelevant factor.
The Ministry of Justice is a member of the Employers Forum on Disability. We welcome applications from people with
disabilities and the Ministry of Justice is an authorised user of the Job Centre Plus Disability Symbol. As part of our
symbol commitments, we guarantee to interview all candidates with a disability who choose to apply under the scheme
and meet the minimum competence criteria at sift stage for the job vacancy.
If you have any specific needs, or need more information regarding the post, please let us know. This will enable us to
discuss any special requirements you may have both at interview and on a long-term basis, should your application be
successful.
Contact Us
If you experience any technical difficulties downloading the form please contact the visits team on 0207 664 7120 or
OPGpaneldeputysupportteam@publicguardian.gsi.gov.uk
Complaints Under The Civil Service Commissioner’s Recruitment Code
REF: OPG0001
Our recruitment processes are underpinned by the principle of selection for appointment on merit, based on fair and open
competition as outlined in the Civil Service Commissioner’s Code, which can be found at:
www.civilservicecommissioners.org.
If you feel your application has not been treated in accordance with the Code and you wish to make a complaint, you
should contact HR Shared services team 0113 284 7993 in the first instance. If you are not satisfied with the response
you receive from us, you can contact the Office of the Civil Service Commissioners.
REF: OPG0001
Annex A
Policy Statement on Data Security and Use of IT Equipment By Contractors/Consultants and
Agency Staff Employed By The Ministry of Justice
Contractors, consultants and agency staff providing services to MoJ may use their own
computing facilities to deliver those services with the following conditions:
1. These computing facilities must be their 'tools of trade', i.e separate from personal
computing facilities used by themselves or their families etc. for leisure or other
personal uses; and must employ best practice security controls such as up to date
anti-virus control, personal firewall, access control, disk encryption and up to date
software patches.
2. Use of these computing facilities should be limited to activities involving MoJ data
such as producing reports, reviewing documents, sending and receiving emails, and
should not involve storing and processing large volumes of MoJ data, for example
database extracts.
3. The disk encryption employed must conform to the FIPS140-2 standard or CAPS
(CESG Assisted Product Scheme).
4. If the data warrants a RESTRICTED marking the disk encryption employed must
conform to CAPS except in exceptional circumstances e.g. short timescales, lack of
alternative product etc., where a FIPS140-2 certified product may be employed as a
short term, interim measure. In this instance, senior management approval must be
obtained and documented in an email to the Information Assurance email account. If
long term access to RESTRICTED data is required MoJ computing facilities must be
provided.
5. Where the computer connects to a remote network e.g. the contractor's company
network, then an encrypted link must be used.
6. No emails containing protectively marked or personal data should be sent unencrypted over the Internet. Personal and protectively marked emails, up to
RESTRICTED, may be exchanged via the Criminal Justice Secure Mail System
(CJSM). The CJSM is accredited to handle RESTRICTED - Criminal data, so
consideration should be given to the suitability of CJSM where the data relates to
other types of RESTRICTED information e.g. Policy. Guidance on determining what is
personal data is available from the Information Commissioner’s Office (ICO) website
at www.ico.gov.uk.
REF: OPG0001
7. Any removable media used to transport data outside of secure buildings must be
encrypted with a product certified to FIPS 140-2. Once no longer required these
devices should be securely disposed of. CD/DVDs and floppy disks should be cut
into 4 pieces and disposed of as normal waste.
8. Computer hard disk drives should be securely erased before disposal or recycling if it
has held any personal or protectively marked data. Information Assurance Branch
should be consulted on the procedure to be followed.
9. In compliance with the Data Protection Act, any personal data must be deleted when
no longer required, thus must not be retained beyond the duration of engagement with
the MoJ.
10. Where there is a need to provide access to large volumes of personal or protectively
marked data only MoJ computing facilities must be used. Removable media provided
by MoJ must be returned to the MoJ after use.
11. Paper records containing personal data should be stored, transported and disposed of
securely. Sensitive waste paper should be collected separately from normal waste,
and stored securely pending destruction by shredding or burning. As with electronic
records, particular care should be taken when moving bulk paper records.