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Office of the Official Solicitor and Public Trustee

The Office

The work of two statutory posts holders, appointed by the Lord Chancellor, the Official Solicitor appointed under s.90 of the Supreme Court Act 1981 and the Public Trustee under the Public Trustee Act 1906, is conducted from the office. It is an arms length body (independent office) of the Ministry of Justice (MoJ).
The Official Solicitor represents children and adults who lack mental capacity to act for themselves in legal proceedings in the courts. He does not act for children who are the subject of child welfare proceedings; they fall within the remit of the Children and Family Court Advisory and Support Service (CAFCASS). On occasion, he acts as and instructs counsel to appear as an advocate to the court. He reviews the cases of people committed to prison for contempt of court. He administers estates and trusts when there is no one else suitable or able to do so. He is a property and affairs deputy of last resort appointed by the Court of Protection under the Mental Capacity Act 2005. He also acts as registered contact for Child Trust Funds where there is no parent or no suitable parent. He is responsible for the Secretary of State’s International Child Abduction and Contact and the Reciprocal Enforcement of Maintenance Orders Units.

The Public Trustee administers trusts and estates where he has accepted appointment to do so.

Work of the Legal Team

The lawyers support the OSPT and Deputy OSPT (who are required to have a general legal qualification) in all the legal aspects of the office’s work. The main areas are civil litigation, family/medical litigation, child abduction and related matters, and estates and trusts. The casework is very varied involving any matter in which a litigant under a legal disability may need a litigation friend in legal proceedings before either the civil or family courts. In its litigation activities the office when acting as litigation friend may retain the solicitor’s function in-house or may instruct an external solicitor. The lawyers, if not conducting the litigation in-house, provide the important link with the non-legal caseworkers. The lawyers also give advice both internally or to members of the Judiciary when required.

Benefits & Rewards

All the OSPT’s staff are members of the GLS employed by the DCA and the benefits and rewards applicable to them are those which at any time have been adopted by that Department.

Legal Trainee & Pupillage Opportunities

Any Legal Trainees and Pupil Barristers taken on for any or all of their time are recruited through the GLS Legal Trainee Scheme and in conjunction with the DCA.

Qualified Lawyer Vacancies

Vacancies for posts in this Office are advertised through the central GLS scheme. All vacancies are posted on the Civil Service Recruitment Gateway (this link will open in a new window).

Location

This Office is located at 81, Chancery Lane, London WC2A 1DD.

Further Information

For further information:

Visit the Office’s website at www.officialsolicitor.gov.uk