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Job description

Fixed term/secondment opportunity for 6 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. The post will be providing support across our Community and Mental Health Care Divisions. 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 the allocated Divisions. The post is home working/office based but will involve visiting wards and departments across the allocated Divisions.

Shortlisting date is planned for 17th April 2023

Interview date is planned for 21st April 2023

1. Lead in providing advice, scrutiny and audit of the implementation of the Mental Capacity Act , including providing advice across the Trust
on 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 supporting the overall professional management of the Mental Capacity Act administration function within the relevant 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

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.

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 MCA policies are adhered to fully. Implements remedial actions where deficits are identified.
3. Maintain at all times up to date knowledge of national and local developments with regard to the Mental Capacity Act and ensure that these are disseminated at appropriate forums within the organisation.
4. Act as expert adviser and responsible for signposting requirements for legal and practice discussion on behalf of practitioners and managers across sectors
5. Regularly support decision making in complex cases involving legislation, issues of human rights risk and crisis. Ensure decision making is lawful, transparent, balanced and conflicts are appropriately managed. Provide written reports, as necessary.
6. Offer expert advice regarding incidents that have been reported for patients detained under the Mental Capacity Act where required.
7. Advise clinical services and team managers on the development and maintenance of monitoring systems to ensure correct use of Mental Capacity Act (Deprivation of Liberty Safeguards)
8. Attend the monthly Divisional Mental Health Law Governance Group and Divisional Mental Health Law Governance Groups providing support and guidance to the Chairs and
membership of the Groups.
9. Support the Director of Patient Safety taking responsibility for the production of the biannual reports to the Quality Assurance Committee and Trust Board, providing relevant
performance and statistical information in the use and management of the Mental Health
Act, Mental Capacity Act and Deprivation of Liberty Safeguards across clinical services.
10. Attend relevant meetings within the Trust whereby an expert view is required in relation to
the Mental Health Act or Mental Capacity Act.
11. Lead the development and monitoring of systems and policies that facilitate the effective
and efficient management of the legislation referred to above.
12. Lead on providing support and guidance in ensuring that close working relationships with
other agencies (especially Social Services) are maintained and that joint agency provision
meets both statutory requirements and good practice guidelines.
13. Act as first point of contact for Divisional Leads in relation to concerns related to the Mental
Capacity Act. Work closely with the MHA Managers, Vice Chairs and Governance Lead to
support their audit process and monitor the implementation of findings.
14. Provide training, advice and guidance as regards the safe and valid administration of
relevant legislation.
15. In association with the Clinical Divisional Leads set standards of delivery and monitor and
manage their implementation.
16. Devise systems and procedures for all aspects of Mental Health Act and Mental Capacity Act
Administration, including data collection and record keeping.
17. Monitor adherence to KPI’s set, identify gaps, develop and implement plans to assure
Commissioners. Set targets within agreed timescales.
18. Responsible for communicating relevant changes in practice to Mental Health Law to
designated nursing staff relating to Consent to Treatment.
19. Identify any areas of risk and provide clear advice to senior clinicians in relation to their
responsibilities surrounding the implementation of the Mental Health Act 1983 (as amended
by MHA 2007)
20. To play a key role in the development of new policies in the delivery of upcoming legislation
and case law.
Analytical and Judgemental skills
1. The post holder will autonomously advise and direct services regarding the systems and
processes they need to have in place to keep patients detained legally. This knowledge
comes from the interpretation and understanding of MHA, MCA, MHA Code of Practice, the
MHA Manual latest edition and developing case law.
2. The post holder will autonomously provide legal guidance on complex situations where
interpretation 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 an
expert will analyse legal frameworks in order to arbitrate and guide staff to ensure that care
is 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 all
levels that is quality assured and appropriate for the specific roles to undertake.
2. To take responsibility for identifying own training and development needs, suggestions for
improvement to the service and policy changes to the line manager.
3. Develop / Identify / disseminate / train / audit and give advice on policy and practice to all
staff and managers within the mental health service line and wider Trust staff dependent
upon role.

Management and Leadership:
1. The post holder will be the designated Divisional Lead for Community and Mental Health Care Division for Mental Capacity
Act and associated legislation. This will involve taking a leading role, alongside colleagues in
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both the clinical divisions and corporate services, on the completion of a variety of audits
and 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 / MHA
Managers Clerks, recruit to the posts, oversee the quality of work provided and monitor if
capacity 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 governance
reports for the Board and its sub-committees.
2. The post holder will, in association with the Divisions, develop and oversee the
implementation of action plans to address deficits in MHA and MCA compliance, provision
and governance.

Responsibilities for Research and Development:
1. The post holder will, as well as developing audit programmes regarding adherence to MHA
legislation, undertake bespoke audit where complex concerns have arisen that require
prioritised review and response.

Freedom to Act:
1. The post holder is accountable for the interpretation of legislative principles to develop
policy, procedure and provide individual advice on complex cases, including attending
professionals meetings on an ad hoc basis to advise where complex clinical and legislative
cases are being discussed.
2. The post holder will autonomously escalate concerns where clinical practice is not in line
with legislation.

Mental Effort:
1. The post holder will develop teaching plans and will deliver legal training across the trust to
a 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 set
areas of work and coordinating responses,
2. Lead the implementation process for all actions emanating from the Mental Health Act
Managers Committee.
3. Support the systems and processes that direct the MHA Hospital Managers annual
appraisals and identify any learning points for consideration by the Non-Executive Director
responsible for the Mental Health Act Managers Committee.
4. Attend bi-monthly meetings of the Mental Health Act Managers Committee.
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5. Provide relevant information to inform initial drafts of the annual Mental Health Act report
to the Trust Board,
6. Take responsibility for organising, co-ordinating and where appropriate delivering any
necessary study sessions for mandatory Mental Health Law Training for the Mental Health
Act Managers.
7. Responsible for organising and co-ordinating the annual re-appointments of Mental Health
Act Managers.
Governance
1. Attend the Trust wide and Divisional Mental Health Law Governance Groups in relation to
Trust compliance with the MHA and MCA legislation and uniformity of processes and
procedures.
2. Support the Chair of the MHLGG in MHA matters.

Responsibilities:
1. Equipment – responsible for computer terminal, mobile telephone and iPad
2. The post holder is the authorised signatory for up to £5,000 to purchase physical assets for
the team, agree expenses and / or commissioning of consultancy and / or teaching.
3. Confidentiality – responsible for ensuring that the security of all information within the
working environment is maintained at all times.

Managerial:
1. Provide leadership and direction to all services and stakeholders to maintain the
organisations 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 Support
Officer, 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 assistance
in unusual or difficult circumstances. Is immediately line managed by the Director of Patient
Safety.

Environment:
1. The work is mainly carried out within an office environment but will involve visiting wards
and departments within Mersey Care NHS Foundation Trust.