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Mental Capacity Lead Practitioner

Mersey Care NHS Foundation Trust
£41,659 to £47,672 a year pro rata
Closing date
6 Feb 2023

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Band 7
Full Time
Fixed term/secondment opportunity for 12 months;

This post is an exciting opportunity for someone with specialist subject matter knowledge to ensure that the Mental Capacity Act is delivered in a timely and appropriate way. In addition, the post holder will be part of organisational preparedness for the upcoming change in legislation following the Mental Capacity Amendment Act 2019 and the planned implementation of Liberty Protection Safeguards (LPS) . Strengthening MCA in practice has been identified as a key factor in effective implementation. The post holder will ensure staff have good knowledge, understanding and application of MCA and will be responsible for adherence and compliance to MCA /DoLS legislation across their allocated Division. The post is home working/office based but will involve visiting wards and departments across the allocated Division.

Shortlisting date is planned for 6th February 2023

Interview date is planned for 10th February 2023

Main duties of the job

1. Lead in providing advice, scrutiny and audit of the implementation of the Mental Capacity Act , including providing advice across the Truston how it can comply with key policy and legal developments ; supporting other leads to ensure the Trust support principles underpinning the Mental Capacity Act.2. Be responsible for the overall professional management of the Mental Capacity Act administration function within the Mid Mersey Division.3. Develop and deliver training strategies for staff across the organisation that is specific to their job roles in relation to the Mental Capacity Act and ensure training is fit for purpose.4. Provide practical advice to all staff in relation to promoting best practice in line with key MCA legislation and professional and organisational responsibilities.5. Support and give expert practical advice on decision making in this area for complex cases, ensuring that decision making is lawful, transparent and balanced

About us

Mersey Care is one of the largest trusts providing physical health and mental health services in the North West, serving more than 11 million people.

We offer specialist inpatient and community services that support physical and mental health and specialist inpatient mental health, learning disability, addiction and brain injury services. Mersey Care is one of only three trusts in the UK that offer high secure mental health facilities.

At the heart of all we do is our commitment to 'perfect care' - care that is safe, effective, positively experienced, timely, equitable and efficient. We support our staff to do the best job they can and work alongside service users, their families, and carers to design and develop future services together. We're currently delivering a programme of organisational and service transformation to significantly improve the quality of the services we provide and safely reduce cost as we do so.

Job description Job responsibilities

Principal Responsibilities:1. Provides specialist advice to clinicians regarding the legal management and care of patients,this guidance is very specific, specialised and only available via the post holder.2. Develops and implements audit processes to ensure that MHA / MCA policies are adhered tofully. Implements remedial actions where deficits are identified.3. Maintain at all times up to date knowledge of national and local developments with regardto the Mental Health Act and Mental Capacity Act and ensure that these are disseminated atappropriate forums within the organisation.4. Act as expert adviser and responsible for signposting requirements for legal and practicediscussion on behalf of practitioners and managers across sectors5. Regularly support decision making in complex cases involving legislation, issues of humanrights risk and crisis. Ensure decision making is lawful, transparent, balanced and conflictsare appropriately managed. Provide written reports, as necessary.6. Offer expert advice regarding incidents that have been reported for patients detained undereither the Mental Health Act or Mental Capacity Act supporting investigating officerswhere required.7. Advise clinical services and team managers on the development and maintenance ofmonitoring systems to ensure correct use of Mental Health Act and Mental Capacity Act(Deprivation of Liberty Safeguards)8. Provide guidance and support to the Mental Health Act Managers Committee and HospitalManagers as required addressing challenges and providing assurance where required.9. Attend the monthly Divisional Mental Health Law Governance Group and Divisional MentalHealth Law Governance Groups providing support and guidance to the Chairs andmembership of the Groups.10. Support the Director of Patient Safety taking responsibility for the production of the biannual reports to the Quality Assurance Committee and Trust Board, providing relevantperformance and statistical information in the use and management of the Mental HealthAct, Mental Capacity Act and Deprivation of Liberty Safeguards across clinical services.11. Attend relevant meetings within the Trust whereby an expert view is required in relation tothe Mental Health Act or Mental Capacity Act.12. Lead the development and monitoring of systems and policies that facilitate the effectiveand efficient management of the legislation referred to above.13. Lead on providing support and guidance in ensuring that close working relationships withother agencies (especially Social Services) are maintained and that joint agency provisionmeets both statutory requirements and good practice guidelines.14. Act as first point of contact for Divisional Leads in relation to concerns related to the MentalCapacity Act. Work closely with the MHA Managers, Vice Chairs and Governance Lead tosupport their audit process and monitor the implementation of findings.15. Provide professional leadership and guidance to Mental Health Law Administrators and theirManagers with the aim of ensuring that the Trust is operating in full compliance withlegislation.23/6/2116. Provide training, advice and guidance as regards the safe and valid administration ofrelevant legislation.17. In association with the Clinical Divisional Leads set standards of delivery and monitor andmanage their implementation.18. Devise systems and procedures for all aspects of Mental Health Act and Mental Capacity ActAdministration, including data collection and record keeping.19. Monitor adherence to KPIs set, identify gaps, develop and implement plans to assureCommissioners. Set targets within agreed timescales.20. Responsible for communicating relevant changes in practice to Mental Health Law todesignated nursing staff relating to Consent to Treatment.21. Identify any areas of risk and provide clear advice to senior clinicians in relation to theirresponsibilities surrounding the implementation of the Mental Health Act 1983 (as amendedby MHA 2007)22. To play a key role in the development of new policies in the delivery of upcoming legislationand case law.Analytical and Judgemental skills1. The post holder will autonomously advise and direct services regarding the systems andprocesses they need to have in place to keep patients detained legally. This knowledgecomes from the interpretation and understanding of MHA, MCA, MHA Code of Practice, theMHA Manual latest edition and developing case law.2. The post holder will autonomously provide legal guidance on complex situations whereinterpretation of legislation is required to ensure safe and legal practices are implemented.3. Where there is a differing opinion on the way to legally treat a patient, the post holder as anexpert will analyse legal frameworks in order to arbitrate and guide staff to ensure that careis delivered based on the most recent case law.Education and training / Development:1. To be responsible for the construction and delivery of training programmes to staff at alllevels that is quality assured and appropriate for the specific roles to undertake.2. To take responsibility for identifying own training and development needs, suggestions forimprovement to the service and policy changes to the line manager.3. Develop / Identify / disseminate / train / audit and give advice on policy and practice to allstaff and managers within the mental health service line and wider Trust staff dependentupon role.Management and Leadership:1. The post holder will be the designated Divisional Lead for Mid Mersey for Mental CapacityAct and associated legislation. This will involve taking a leading role, alongside colleagues in23/6/21both the clinical divisions and corporate services, on the completion of a variety of auditsand training targets to ensure that the Trust meets the standards expected of it.2. The post holder will develop person specifications and job descriptions for Tribunal / MHAManagers Clerks, recruit to the posts, oversee the quality of work provided and monitor ifcapacity available meets the needs of service provision.Responsibilities for Information Resources:1. The post holder will use data from the BiT Team and information from the CQC Visit Reports,to identify themes and trends regarding the use of MHA and MCA to include governancereports for the Board and its sub-committees.2. The post holder will, in association with the Divisions, develop and oversee theimplementation of action plans to address deficits in MHA and MCA compliance, provisionand governance.Responsibilities for Research and Development:1. The post holder will, as well as developing audit programmes regarding adherence to MHAlegislation, undertake bespoke audit where complex concerns have arisen that requireprioritised review and response.Freedom to Act:1. The post holder is accountable for the interpretation of legislative principles to developpolicy, procedure and provide individual advice on complex cases, including attendingprofessionals meetings on an ad hoc basis to advise where complex clinical and legislativecases are being discussed.2. The post holder will autonomously escalate concerns where clinical practice is not in linewith legislation.Mental Effort:1. The post holder will develop teaching plans and will deliver legal training across the trust toa wide variety of senior clinical staff.Mental Health Act Managers:1. Support the Chair of the Divisional Mental Health Act Managers Committee by leading on setareas of work and coordinating responses,2. Lead the implementation process for all actions emanating from the Mental Health ActManagers Committee.3. Support the systems and processes that direct the MHA Hospital Managers annualappraisals and identify any learning points for consideration by the Non-Executive Directorresponsible for the Mental Health Act Managers Committee.4. Attend bi-monthly meetings of the Mental Health Act Managers Committee.23/6/215. Provide relevant information to inform initial drafts of the annual Mental Health Act reportto the Trust Board,6. Take responsibility for organising, co-ordinating and where appropriate delivering anynecessary study sessions for mandatory Mental Health Law Training for the Mental HealthAct Managers.7. Responsible for organising and co-ordinating the annual re-appointments of Mental HealthAct Managers.Governance1. Attend the Trust wide and Divisional Mental Health Law Governance Groups in relation toTrust compliance with the MHA and MCA legislation and uniformity of processes andprocedures.2. Support the Chair of the MHLGG in MHA matters.Responsibilities:1. Equipment responsible for computer terminal, mobile telephone and iPad2. The post holder is the authorised signatory for up to £5,000 to purchase physical assets forthe team, agree expenses and / or commissioning of consultancy and / or teaching.3. Confidentiality responsible for ensuring that the security of all information within theworking environment is maintained at all times.Managerial:1. Provide leadership and direction to all services and stakeholders to maintain theorganisations statutory requirements in relation to the MHA and MCA.2. Act as a source of expertise to all relevant stakeholders.3. To manage the Band 5 Mental Health Act / Mental Capacity Act Administration SupportOfficer, including PACE and supervision on and agreed basis.4. Leadership and practice management to the Mental Health Law Administrators.Supervision Received:1. The post holder is expected to use own judgement and only seek guidance and/or assistancein unusual or difficult circumstances. Is immediately line managed by the Director of PatientSafety.Environment:1. The work is mainly carried out within an office environment but will involve visiting wardsand departments within Mersey Care NHS Foundation Trust.

Person Specification Qualifications Essential
  • 3 years experience in working within Mental Capacity Law
  • 1 st Level Degree (e.g. BA or BSc) or IMHAP member
  • Professional health care qualification eg Social Worker, Nurse
  • Best Interest Assessor
Knowledge/Experience Essential
  • In-depth knowledge and understanding of Mental Capacity Act, their associated Codes of Practice and their applications
  • Awareness and understanding of key Government policy and legislation in relation to the Mental Health Act and Mental Capacity Act and Court of Protection proceedings
  • Up to date knowledge (to a level able to advise others) of case-law and statutory law.
  • Proven ability to liaise with and manage various internal and external disciplines/agencies in order to ensure joint-agency service delivery.

  • Any attachments will be accessible after you click to apply.


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