The Judicial Appointments Commission (JAC) now invites applications for a Fee-paid Legal Member of the Welsh Language Tribunal.
Launch date: 13:00 on 15 May 2019
Closing date: 13:00 on 29 May 2019
Number of vacancies: 1
Number of applications: 7
Number of selections: 1
Fee: £503 a day
Overview of the role
The Welsh Language Tribunal is an independent tribunal that deals with appeals against the Welsh Language Commissioner’s decisions in relation to Welsh Language Standards.
A Legally-qualified member must maintain high standards of independent decision making and effective case management, whilst also working with the Tribunal President and the Tribunal administration.
More information is on the Welsh Language Tribunal website
Terms and Conditions
(Successful candidates will be provided with a full set of terms and conditions and pension information upon a formal offer of appointment from the Welsh Government.)
To be considered for appointment you must meet the eligibility requirements for this post, which are:
Under Schedule 11, Part 2, paragraph 4 of the Welsh Language (Wales) Measure 2011, to be eligible for appointment as a Member of the Welsh Language Tribunal, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.
The Tribunal, Courts and Enforcement (TCE) Act 2007 introduced the ‘judicial-appointment eligibility condition’. Candidates will have to show that:
they have possessed a relevant legal qualification
for the requisite period and
that whilst holding that qualification they have gained experience in law.
The meaning of ‘gain experience in law’ is set out in section 52(2) to (5) of the TCE Act 2007 and relates to a period engaged in law related activities. ‘Relevant qualification’ means a solicitor or barrister.
In order to meet the statutory qualifications for appointment, a solicitor must appear on the Roll.
You may wish to note that service as a magistrate is not considered demonstrative of gaining experience in the law.
Under paragraph 4 of the Welsh Language Tribunal (Appointment) Regulations 2013 candidates must have sufficient knowledge of, and sufficient proficiency in, the Welsh language. This will be assessed at selection day.
Additional Selection criteria
Candidates will need to have an understanding, or the ability to acquire an understanding, of the administration of justice in Wales. This includes legislation applicable to Wales and Welsh devolution arrangements. This will be assessed at selection day.
The upper age limit of 70 years for judicial appointments applies. The age at which someone is appointed to this position must allow for a reasonable length of service before reaching 70 years, usually for this position 4 years.
At the time of application, candidates must be either:
Other European Union citizens are not eligible to apply.
You should note that a person may not be appointed to be a Member of the Tribunal if they meet any of the criteria set out in Part 4 of the Welsh Language (Wales) Measure 2011.
Open for applications: 15 May 2019 at 13:00
Close for applications: 29 May 2019 at 13:00
Request for independent assessments: 3 June 2019
Deadline for the receipt of independent assessments: 17 June 2019
Eligibility checks being conducted: June 2019
Outcome of shortlisting: by early August 2019
Selection day: 20 August 2019
Judicial consultation comments sought: late August 2019
Outcome of selection process expected by: early October 2019
Please read the competency framework for the role and the job description before making your application. There are 5 competencies in total that list the behaviours of a Member who is performing the role effectively.
Your online application plays an important part in the selection process. You must complete all required sections, ensuring the information you provide is clear and accurate. If you would like a copy of the application form in Welsh please contact WLTMember173@judicialappointments.gov.uk
The self-assessment section of the application is your opportunity to tell us about the experience and knowledge you have for the post. You must provide examples and evidence of why you feel your skills and experience are transferable to the post and why they will enable you to perform effectively in the role. You should link your examples to the competencies required for the post having regard to the job description. The self-assessment should not simply be a reiteration of your career history.
Please refer to guidance on completing the candidate self-assessment and choosing the best examples in your self-assessment
Please read the guidance about independent assessments before completing your application. Independent assessments will contribute to your overall assessment. They should provide evidence that you have the abilities relevant to the role as outlined in the relevant competency framework.
When asked to provide details of your independent assessors you will see 4 boxes for the assessor details. However, you must give details of 2 assessors only.
Independent assessments should provide evidence that you have the competencies relevant to the role of a Member of the Welsh Language Tribunal. Both of your assessors must, therefore, have sound and comprehensive knowledge of your work and 1 of your assessors should, ideally, be from your current employment. Whether you already hold judicial office will determine the category or categories of assessors you must nominate:
If you are a salaried judicial office holder, you will need to provide details of 2 judicial assessors.
If you are a fee-paid judicial office holder, you will need to provide details of 1 judicial assessor and 1 professional assessor.
If you do not currently hold a judicial office, you will need to provide details of 2 professional assessors.
A professional assessor could be:
- a senior partner or head of chambers if you are a solicitor, barrister or attorney
- a client, magistrate or local authority official if you are a sole practitioner
- a judge who is able to provide an assessment of your professional role
If you are a judicial office holder, a judicial assessor could be:
- the senior judge of the tribunal, court, jurisdiction or circuit where you sit most often or your appraising judge
You must ensure that all of the details (name, title and email address) are correct for both of your assessors. All correspondence with your assessors will be by email; it is important that the information you provide is correct to avoid any delay in the JAC being able to contact your nominated assessors.
All candidates are advised to contact their independent assessors in advance of submitting their application. If you have any queries about who to nominate as your independent assessors, please contact the JAC.
Do not nominate Sir Wyn Williams, President of Welsh Tribunals as an independent assessor as he is the Judicial Consultee. Nor should you nominate a JAC Commissioner.
Shortlisting is by way of paper sift, taking into account the information contained in your application and independent assessments. The panel will assess against the competency framework.
If you are not successful following shortlisting, you can request written feedback by emailing the Selection Team at WLTMember173@judicialappointments.gov.uk You should make this request within 6 weeks of the email informing you that you have not been successful. We will aim to respond to your request within 20 working days.
The arrangement between the Welsh Government and the JAC requires the JAC to consult the judiciary before making a recommendation. In this exercise the JAC will consult with Wyn Williams, President of Welsh Tribunals. The information provided by the consultee will be used to inform selection decisions.
If you are shortlisted, you will be invited to a selection day which will take place at a venue in South West Wales on 20 August 2019. We will not be able to accommodate selection days outside of this date.
The selection day for this exercise will comprise situational questioning and a competency based interview, where the selection panel will be seeking evidence from you against the competencies for the post. Knowledge of, and sufficient proficiency in, the Welsh language will also be tested
The overall assessment by the panel is provided to the Commission when they make their selection decisions.
As this is a Welsh exercise you will be asked additional questions at selection day in relation to Welsh matters. This is to allow the panel to assess your understanding, or the ability to acquire the understanding, of the administration of justice in Wales, including legislation applicable to Wales and Welsh devolution arrangements.
Information about selection days.
The JAC provides reasonable adjustments to ensure that candidates with disabilities are not placed at a substantial disadvantage. We will also consider making reasonable adjustments for those suffering from short-term injury or temporary illness. Details are in the JAC's reasonable adjustments policy. Candidates will have the option to outline their reasonable adjustment requirements in their JAC website account.
The JAC is required to carry out character checks on all candidates whom it intends to consider for appointment, this requires your signed consent. This consent form is part of your application.
You should be aware that the JAC expects all character matters to be declared. Any matter that has not been disclosed by you and is brought to the JAC’s attention through its independent checks will be treated as your non-declaration of a relevant matter. You will have no opportunity to make further representations on any declared issue once the matter is before the Selection and Character Committee.
The JAC considers that it is your responsibility to ensure that any record concerning your character is accurate. Details of the bodies with whom JAC will make independent character enquiries are set out in paragraph 17 of the Good Character Guidance and you may wish to contact your professional body to ensure all matters recorded are known to you.
On 4 August 2016 the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 came into effect. It allows for the full disclosure to the JAC of all spent cautions and convictions to assess good character. You must declare and disclose all past convictions and cautions, regardless of whether they are spent or unspent.
You must continue to update the character section of your JAC profile. You have a continuing responsibility to disclose any matter that may arise at any time before you are notified of the outcome of your application.
Failure to disclose any relevant matter is likely to have an adverse effect on your application.
Equal merit provision
In line with its published policy, the Commission will apply the equal merit provision to this exercise.
The relevant datasets that will be used to identify any under-representation are taken from the 2011 Census, detailed characteristics, England and Wales (ONS 2012) and the diversity statistics showing the background of the Welsh Tribunal Judges and Non-Legal Members (as of 1 April 2018), based upon primary appointment, as published on the Judiciary website.
According to the most recent census data, 50.4% of the usual residents of the United Kingdom aged 25 to 74 are women and 11.3% identify as being from a Black, Asian or Ethnic Minority (‘BAME’) background. As of 2018, 33% of Welsh Tribunal Judges and Non-Legal Members identify as women, and 9% identify as being from a BAME background.
The Commission, sitting as the Selection and Character Committee will consider which candidate to recommend to the Appropriate Authority.
In order to consider a recommendation, the Appropriate Authority may request any information that was available to the JAC in making its recommendation. You should be aware that any information you provide in your application or during the selection process could be passed onto the Appropriate Authority.
For this exercise the Appropriate Authority will be the Welsh Government who can accept or reject a recommendation or ask the Commission to reconsider. The Appropriate Authority may not select an alternative candidate.
Outcome of the exercise
The JAC will issue results by email to all those interviewed at the same time. We hope this will be by early October 2019.
If you are not successful following the selection day, you can request written feedback. You should make this request within 6 weeks of the email informing you that you have not been successful. We will aim to respond to your request within 20 working days.
Induction training will be provided by the tribunal upon successful appointment.
If you have any questions about this role or your application, please contact the selection exercise team:
Email enquiries: WLTMember173@judicialappointments.gov.uk
Selection Exercise Team:
Suzanne Aylward 020 3334 6417
Tom Wolfe 020 3334 4628