Job Purpose
To provide an independent and impartial adjudication service to the National Trading Standards Estate Agency Team, making fair, reasoned and evidence-based determinations in cases where a Notice of Proposal has been served under the Estate Agents Act 1979.
The post holder will manage the determination stage of proceedings, including considering written evidence and hearing oral representations where required. The role requires a high degree of independence, professional judgement, confidentiality and understanding of the UK legal and regulatory framework.
- Receive and review case files referred by the National Trading Standards Estate Agency Team.
- Arrange and conduct hearings and consider oral representations where requested.
- Consider all relevant written and oral evidence presented as part of the adjudication process.
- Make fair, impartial and reasoned determinations in cases where a formal Warning Order, Prohibition Order or hybrid Order is proposed.
- Determine whether an individual is considered unfit to engage in estate agency work and/or provide a reasoned view on the appropriateness of issuing a Warning Order.
- Maintain a clear and effective ethical separation between investigation, adjudication and decision-making functions.
- Ensure that all determinations are made independently, objectively and in accordance with relevant legislation, policies and procedures.
- Provide clear and reasoned written decisions and determinations.
- Ensure relevant legal, procedural and ethical requirements are followed throughout the adjudication process.
- Work with the Senior Manager to review and continuously improve the adjudication process.
- Provide advice and guidance to the team on adjudication procedures and requirements, where appropriate.
- Maintain confidentiality and exercise appropriate discretion when handling sensitive case information.
- Maintain professional competence and complete mandatory training requirements.
- Keep up to date with relevant legislation, case law, regulatory developments and best practice affecting the adjudication function.
- Declare and appropriately manage any actual, potential or perceived conflicts of interest.
- Undertake other reasonable duties associated with the adjudication service as required.
- Significant experience working in an adjudication, arbitration or comparable independent decision-making role.
- Strong knowledge and understanding of the UK legal system and the functions and principles of Tribunals.
- Understanding of local authority enforcement policies, procedures and practices.
- Demonstrable ability to assess complex evidence and reach fair, balanced and well-reasoned decisions.
- Strong understanding of procedural fairness, natural justice and impartial decision-making.
- Excellent written and verbal communication skills, including the ability to produce clear and reasoned determinations.
- Ability to listen to and assess written and oral representations objectively.
- High level of professional integrity, independence and sound judgement.
- Ability to maintain an effective ethical wall between investigation and adjudication functions.
- Strong attention to detail and ability to manage confidential and sensitive information.
- Ability to work independently and manage casework effectively on an as-and-when-required basis.
- Commitment to maintaining professional competence and keeping knowledge current.
- Experience of regulatory enforcement, professional standards or a comparable statutory decision-making environment would be advantageous.
- Knowledge or experience of the Estate Agents Act 1979 and National Trading Standards processes would be advantageous.
- Location: Flexible worker / Home based
- Hours per week: Flexible, as and when required; approximately 3 hours per week on average, plus attendance at meetings and training. Work is not guaranteed to be regular each week and will be undertaken as and when required.
- Adjudication rate: £62.50 per hour for adjudication work
- Other work rate: £43.75 per hour for other authorised work
- Bi-weekly payments: Paid bi-weekly
