Senior Investigations Officer (Legal) - #1696619

Edinburgh

Job Summary

Environmental Standards Scotland (ESS) is an independent corporate body, directed by a Chair and Board. ESS is a Non-Ministerial Office and employees are civil servants. Full details are available on the ESS website Home - Environmental Standards Scotland.

ESS was established by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, which received royal assent in January 2021. ESS gained its statutory functions and powers on 1 October 2021.

ESS’ role is to ensure environmental laws and standards are adhered to in Scotland, replacing after Brexit the European Union’s scrutiny and enforcement role. ESS does this through scrutinising, investigating and securing improvements in public authorities’ compliance with environmental law, the effectiveness of environmental law, and the way it is being implemented and applied in Scotland.

ESS’ remit covers a broad range of environmental law, including all aspects of environmental protection and harm, particularly in relation to human beings and their enjoyment of the environment.

ESS has published a Strategic Plan, which sets out how it operates and functions, including how it will act objectively, impartially, proportionately and transparently. As an independent body, ESS is accountable to the Scottish Parliament for the effective performance of its functions.

Job Description

The role of the Senior Investigation Officer (Legal) is critical to the work of ESS, which is high-profile, complex and consequential. Sitting within the Investigations, Standards and Compliance Team, the role holder will be responsible for managing a case load of issues under consideration by ESS, including the investigation of matters brought to the attention of ESS by stakeholders and members of the public, or of concern to ESS’ Board from other sources of information. As such the successful candidate will be competent in analysing large amounts of information, identifying solutions, presenting clear information and recommendations and engaging successfully with stakeholders and public authorities.

An integral part of the role is bringing relevant legal experience (from an environmental, regulatory or public law context) to complement the existing regulatory and technical experience within the organisation. In addition, the role will provide legal support, as required, to ESS’ In-House Solicitor in: providing legal advice to staff across ESS’, legal research, drafting and reviewing of procedures and guidance and providing internal training and knowledge building.

Typical duties and responsibilities:-

• conduct initial investigations into public authorities’ compliance with environmental law, the application or implementation of environmental law, or the effectiveness of environmental law itself, advising whether there is a significant matter within the scope of ESS, and making connections between issues raised to spot underlying systemic problems
• investigate matters of concern selected for full investigation with respect to public authorities’ compliance with environmental law or the effectiveness of environmental law, in a fair and impartial manner and in accordance with ESS’ strategy and procedures
• complement the existing regulatory and technical experience within the team by utilising relevant legal experience and skills to analyse, understand and interpret environmental legislation and case law often alongside technical and scientific information
• support the head of department in developing procedures for the determination of priorities for investigation, and ESS policies on the conduct of investigations
• assist in the planning and managing of the investigation function and achieve planned outputs as agreed with the head of department
• maintain appropriate records of investigations
• be the first point of contact for people and organisations raising matters of concern, for public authorities and others engaged in an individual case from the inception of an investigation through to its completion
• obtain, by way of written requests for information, calls and meetings, research and consultation with other staff, all substantive, relevant information pertinent to matters under consideration
• prepare for consideration by the head of department timely, high quality, evidence-based briefings and reports on findings
• provide legal support, as required and depending on business needs, to ESS’ In-House Solicitor to assist them with:
• providing legal advice to all areas of the organisation
• undertaking legal research
• assisting with drafting and review of legal procedures and guidance
• supporting the development and delivery of internal training and knowledge building
  

The above list of job duties is not exclusive or exhaustive and the post holder will be required to undertake such tasks as may reasonably be expected within the scope and grading of the post.

The role of the Senior Investigation Officer (Legal) is critical to the work of ESS, which is high-profile, complex and consequential. Sitting within the Investigations, Standards and Compliance Team, the role holder will be responsible for managing a case load of issues under consideration by ESS, including the investigation of matters brought to the attention of ESS by stakeholders and members of the public, or of concern to ESS’ Board from other sources of information. As such the successful candidate will be competent in analysing large amounts of information, identifying solutions, presenting clear information and recommendations and engaging successfully with stakeholders and public authorities.

An integral part of the role is bringing relevant legal experience (from an environmental, regulatory or public law context) to complement the existing regulatory and technical experience within the organisation. In addition, the role will provide legal support, as required, to ESS’ In-House Solicitor in: providing legal advice to staff across ESS’, legal research, drafting and reviewing of procedures and guidance and providing internal training and knowledge building.

Typical duties and responsibilities:-

• conduct initial investigations into public authorities’ compliance with environmental law, the application or implementation of environmental law, or the effectiveness of environmental law itself, advising whether there is a significant matter within the scope of ESS, and making connections between issues raised to spot underlying systemic problems
• investigate matters of concern selected for full investigation with respect to public authorities’ compliance with environmental law or the effectiveness of environmental law, in a fair and impartial manner and in accordance with ESS’ strategy and procedures
• complement the existing regulatory and technical experience within the team by utilising relevant legal experience and skills to analyse, understand and interpret environmental legislation and case law often alongside technical and scientific information
• support the head of department in developing procedures for the determination of priorities for investigation, and ESS policies on the conduct of investigations
• assist in the planning and managing of the investigation function and achieve planned outputs as agreed with the head of department
• maintain appropriate records of investigations
• be the first point of contact for people and organisations raising matters of concern, for public authorities and others engaged in an individual case from the inception of an investigation through to its completion
• obtain, by way of written requests for information, calls and meetings, research and consultation with other staff, all substantive, relevant information pertinent to matters under consideration
• prepare for consideration by the head of department timely, high quality, evidence-based briefings and reports on findings
• provide legal support, as required and depending on business needs, to ESS’ In-House Solicitor to assist them with:
• providing legal advice to all areas of the organisation
• undertaking legal research
• assisting with drafting and review of legal procedures and guidance
• supporting the development and delivery of internal training and knowledge building
  

The above list of job duties is not exclusive or exhaustive and the post holder will be required to undertake such tasks as may reasonably be expected within the scope and grading of the post.

Person specification

Essential Criteria

• Experience of using analytical skills to explore issues and reach decisions based on evaluating a range of evidence, preferably in relation to legally complex matters involving the implementation and interpretation of law.
• Experience of building and maintaining good internal and external relationships.
• Experience of producing high quality, formal, written reports that are clear, comprehensive and which have withstood scrutiny.
• Proven experience of exercising reliable legal judgement and appreciation of legal risks, with the ability to analyse and advise on complex and novel legal issues, and the confidence to advise senior management.
  
  

Desirable Criteria

• Working experience of Scottish environmental law.
• Experience of making recommendations for significant change
  
  

Qualifications Required

We are looking for a candidate currently practicing as a solicitor, or with experience of practicing as a solicitor, in Scotland.

The following knowledge, membership and qualifications are essential to this post and will be tested at sift and interview:

• a minimum of two years post-qualification experience within an environmental, regulatory or public law context
• must hold a valid practicing certificate or equivalent, or have the ability to obtain one
  
  

Qualifications

We are looking for a candidate currently practicing as a solicitor, or with experience of practicing as a solicitor, in Scotland.

The following knowledge, membership and qualifications are essential to this post and will be tested at sift and interview:

• a minimum of two years post-qualification experience within an environmental, regulatory or public law context
• must hold a valid practicing certificate or equivalent, or have the ability to obtain one
  
  

Alongside your salary of £45,894, Environmental Standards Scotland contributes £13,295 towards you being a member of the Civil Service Defined Benefit Pension scheme. Find out what benefits a Civil Service Pension provides.

• A strong commitment to investing in your personal and professional development
• An environment with flexible working options
• A culture encouraging inclusion and diversity
• A Civil Service pension with an employer contribution of 28.97%
  
  

ESS is a small organisation focused on ensuring Scotland achieves the highest environmental standards. We seek skilled individuals who have a passion for improving environmental standards through public service, and that can work as part of a small multidisciplinary team.

In return, we offer a competitive employment package, including the civil service pension and a strong commitment to investing in each member of our teams personal and professional development. We also offer opportunities to work on some of the most significant and meaningful environmental challenges facing us today and the chance to play a part in helping to improve the quality of the environment for the people of Scotland.

As a new organisation we have a culture that encourages inclusion and diversity and welcome applications from people from a diverse range of backgrounds.

Selection process details

This competition is being run in accordance with the Civil Service Recruitment Principles.

The selection panel will use your application to assess your suitability for the role against the essential criteria during sifting using your statement of suitability and your CV .

If you are shortlisted, you will be provided with full details of the next stages of the selection process.

Feedback will only be provided if you attend an interview or assessment.

Please note: If you fail to demonstrate how you meet the minimum qualifications as stated above, your application will be automatically sifted out.

The Behaviours required for this role are shown below. You will be assessed against these behaviours during the interview process:

• Making Effective Decisions
• Communicating and Influencing
• Changing and Improving
• Delivering at Pace
  
  

We only ask for evidence of these behaviours on your application form:

• Making Effective Decisions
• Communicating and Influencing
  
  

Sift

After the closing date, your application will be reviewed and marked.

If we receive a large number of applications, an initial sift will be completed on the lead behaviours ,making effective decisions and communicating and influencing.

Once the sift has been completed, applicants will be notified of the outcome. Please note that feedback will not be given to applicants at sift stage.

Interview

If successful at application stage, you will be invited to an interview where you will be assessed on the elements outlined in the advert. Prior to interview or at interview, you will be required to complete an additional exercise or deliver a presentation. Details on this will be sent alongside your invite to interview.

Interviews will be held at our Thistle House Offices, Edinburgh

Existing Civil Servants and applicants from accredited NDPBs are eligible to apply, but will only be considered on loan basis (Civil Servants) or secondment (accredited NDPBs). Prior agreement to be released on a loan basis must be obtained before commencing the application process. In the case of Civil Servants, the terms of the loan will be agreed between the home and host department and the Civil Servant. This includes grade on return.

Reserve List

A reserve list may be held for a period of 12 months from which further appointments can be made. All appointments will be made in merit order.

Near Miss Appointments

On occasion candidates may attend an interview for the advertised post but will narrowly miss the standard required at interview. ESS may, where appropriate, consider such candidates for alternative, similar posts at a lower grade.

Salary

New entrants are expected to start on the minimum of the pay band.

Feedback will only be provided if you attend an interview or assessment.

Security

Successful candidates must undergo a criminal record check.

People working with government assets must complete baseline personnel security standard (opens in new window) checks.

Successful candidates must undergo a criminal record check.

People working with government assets must complete baseline personnel security standard (opens in new window) checks.

Nationality requirements

This Job Is Broadly Open To The Following Groups

• UK nationals
• nationals of the Republic of Ireland
• nationals of Commonwealth countries who have the right to work in the UK
• nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities with settled or pre-settled status under the European Union Settlement Scheme (EUSS) (opens in a new window)
• nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities who have made a valid application for settled or pre-settled status under the European Union Settlement Scheme (EUSS)
• individuals with limited leave to remain or indefinite leave to remain who were eligible to apply for EUSS on or before 31 December 2020
• Turkish nationals, and certain family members of Turkish nationals, who have accrued the right to work in the Civil Service
  
  

Further information on nationality requirements (opens in a new window)

Working for the Civil Service

The Civil Service Code (opens in a new window) sets out the standards of behaviour expected of civil servants.

We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles (opens in a new window).

The Civil Service embraces diversity and promotes equal opportunities. As such, we run a Disability Confident Scheme (DCS) for candidates with disabilities who meet the minimum selection criteria.

The Civil Service Code (opens in a new window) sets out the standards of behaviour expected of civil servants.

We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles (opens in a new window).

The Civil Service embraces diversity and promotes equal opportunities. As such, we run a Disability Confident Scheme (DCS) for candidates with disabilities who meet the minimum selection criteria.

Diversity and Inclusion

The Civil Service is committed to attract, retain and invest in talent wherever it is found. To learn more please see the Civil Service People Plan (opens in a new window) and the Civil Service Diversity and Inclusion Strategy (opens in a new window).

This vacancy is part of the Great Place to Work for Veterans (opens in a new window) initiative.

The Civil Service welcomes applications from people who have recently left prison or have an unspent conviction. Read more about prison leaver recruitment (opens in new window).

Once this job has closed, the job advert will no longer be available. You may want to save a copy for your records.

Contact point for applicants

Job Contact

• Name : Alasdair Dewar
• Email : [email protected]
  
  

Recruitment team

• Email : [email protected]