Legal Adviser

The Investigatory Powers Act 2016 established the office of the Investigatory Powers Commissioner (‘IPC’) and provides for the appointment of Judicial Commissioners (JCs) to approve and oversee the use of investigatory powers by public authorities. The current IPC is Sir Brian Leveson.

The IPC and JCs have the important function of balancing the public interest and the rights of the individual independently of Government, in particular reviewing whether public authorities’ interference with those rights is justifiable.

The IPC and JCs are supported by the Investigatory Powers Commissioner’s Office (IPCO), an independent arm’s length body of the Home Office that provides oversight and authorisation of the use of investigatory powers by intelligence agencies, police forces and other public authorities. IPCO is based in London and is made up of around 50 civil servants headed by a chief executive, supported by a full secretariat including legal and communications functions, technical experts and inspectors.

The IPC is also responsible for the work of the Office of Data Communications Authorisations (OCDA). OCDA considers applications for the acquisition of communications data from law enforcement and public authorities. The team, which comprises around 100 members of staff, is located across two offices in Birmingham and Manchester.

We are in the process of merging the two organisations. This will best ensure the provision of consistent advice to the IPC and JCs, making the most effective use of the skills and experience we have across the team.  The IPCO and OCDA legal teams have been merged for some time and deliver a well-established shared legal service. 

IPCO and OCDA are committed to creating an increasingly diverse and inclusive workplace. Our people are our greatest asset and so we aim to foster a safe environment where diversity of thought is welcomed, work-life balance is valued and opportunity for growth is encouraged.

We are looking for two highly capable lawyers to support the Investigatory Powers Commissioner in discharging his statutory functions. This is an exciting and rare opportunity to work directly with former senior judges to assist their oversight of some of the most cutting edge and sensitive issues facing law enforcement and the intelligence services.

If you feel ready for a new challenge and want to join a small organisation where you can make a big impact, then we would be delighted to hear from you.  

The postholders will be responsible for the provision of legal advice to the IPC, JCs, CEO, inspectors and authorising officers, as well as for managing the provision of advice and guidance to public authorities who use investigatory powers.  You are likely to have the opportunity to specialise in one area (for example, communications data or Part 2 of the Regulation of Investigatory Powers Act 2000), in support of the different inspection teams, but will be expected to develop a good understanding of the range of work that comes through the office. 

The postholders will report to the Head of the joint legal team, who works from London. The postholder will need regular access to secure office-based systems and so will also need to be based in London. There may be occasional travel throughout the UK to support colleagues on inspections or in meetings with stakeholders and public authority representatives.

You will need to be sufficiently experienced to advise and maintain the confidence of the Judicial Commissioners (all of whom are retired senior judges), Inspectors and authorising officers. You will need to be able to challenge senior decision makers in public authorities, as well as wider stakeholder groups on contentious matters or where there is significant internal or external disagreement.

You must have excellent report writing skills and show an ability to communicate key messages clearly and succinctly to a variety of audiences.

You will need excellent interpersonal skills and be able to work with high levels of tact, diplomacy and political awareness. You will need to be able to work collaboratively across the IPCO and OCDA teams and build and maintain effective working relationships with colleagues at all levels.

You must be able to respect sensitive information, confidentiality and privacy.

The postholders will work closely with the policy and inspectorate teams. Neither post has line management responsibilities.

We are committed to flexible working but there will be a requirement to attend the office regularly (at least three days a week, depending upon business need) to access classified information in a secure environment. Whilst some home working will be possible, this role might not be suitable for all flexible working options. We are happy to discuss possible arrangements with potential candidates.

Applications are welcome on lateral transfer at Grade 7 (or departmental equivalent) or on promotion.

Key responsibilities

The exact responsibilities will vary according to demand, but in summary, the jobholders will be responsible for:

• Providing legal advice to the IPC, JCs, Inspectorate, OCDA and other members of the teams on the functions of the IPC – in particular the use of all investigatory and covert powers which are subject to IPC oversight;
• Providing advice to the IPC, JCs and OCDA authorising officers on warrants and authorisations, particularly where novel or contentious matters might arise and on which further advice, guidance or information may be sought;
• Research and internal dissemination of relevant case law and judgments to the IPC, JCs and the IPCO/OCDA teams;
• Commissioning external legal services including working closely with IPCO’s standing counsel;
• Developing and managing guidance to public authorities on matters relevant to the oversight of the IPC;
• Managing IPC contributions to consultations regarding new legislation, codes of practice and other areas (e.g. Law Commission projects, public inquiries etc.);
• Engagement with the Investigatory Powers Tribunal (including managing any requests for assistance they make) and with the courts;
• Assessing reports of errors and managing the process of notifications to individuals adversely affected by serious relevant errors;
• Instructing the Technology Advisory Panel to provide advice to the IPC; and
  Providing advice on wider corporate matters when required.

Essential criteria

Technical legal skills 

• Sound understanding of public law, including human rights law.
• Reliable legal judgement and appreciation of legal risk.
• The ability to think strategically and creatively, see legal issues in their wider context and advise accordingly.
• Sound analysis, using secure legal research to produce timely and fit for purpose advice.

Motivational fit 

• An understanding of the role of lawyers in an arm’s length body such as IPCO/OCDA.

Desirable criteria

• An understanding of one or more of the significant pieces of legislation (Investigatory Powers Act, Regulation of Investigatory Powers Act and Intelligence Services Act);
• Knowledge of the practical application of investigatory powers and the operational activities of law enforcement and the security and intelligence agencies;
• Familiarity of applying the law to technology, particularly in the cyber or telecommunications context; and
• Some knowledge of international law.

Professional qualifications

Applicants must be qualified to practise as a Solicitor, Barrister or Chartered Legal Executive in England and Wales (or will be qualified 3 months from application date – but see also below for applicants qualified in other jurisdictions). You must have completed a training contract/pupillage/qualifying employment, or have been exempted from this by the Law Society, the Bar Council or CILEx. Applicants qualified in a jurisdiction outside England and Wales will be required to undertake the Qualified Lawyers Transfer Scheme within 5 years of appointment, and employment will be conditional upon the successful completion of the QLTS within this time period. IPCO may offer some partial funding for the QLTS, however applicants should note that there will also be a cost to the individual.

Professional entry criteria for Chartered Legal Executives (i.e. Fellows): Chartered Legal Executives are eligible to apply where (i) a Qualifying Law Degree (QLD) is held; or (ii) the Graduate Diploma in Law (GDL)/CPE has been completed; or (iii) where exams have been passed (i.e. a score of 50% or above achieved), at CILEx Level 6*, in all of the following seven foundation subjects in law:

1. Contract Law
2. Criminal Law
3. Equity and Trusts Law
4. European Union Law
5. Land Law
6. Public Law
7. Law of Tort

Note: There are specific requirements relating to academic achievement in the CILEx Level 6 exams where these are being used to demonstrate 2:1 degree equivalence as set out below.

Chartered Legal Executives should note that IPCO will be willing to accept an, overall, average score of 65% or above across exams passed in the seven foundation subjects in law (where studied at CILEx Level 6) as demonstrating 2:1 degree equivalence (where a 2:1 degree is not held.

We’ll assess you against these behaviours during the selection process:

• Making Effective Decisions
• Communicating and Influencing
• Managing a Quality Service
• Working Together

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

• Making Effective Decisions
• Communicating and Influencing

We’ll assess you against these technical skills during the selection process:

• Technical Legal Skills
• Motivational fit

• Learning and development tailored to your role
• An environment with flexible working options
• A culture encouraging inclusion and diversity
• A Civil Service pension with an average employer contribution of 27%

Job contact :

• Name : Paul Williams
• Email : paul.williams@ipco.org.uk

Recruitment team

• Email : HOrecruitment.grs@cabinetoffice.gov.uk