Mental Health Act Lead

Job description

Job responsibilities

Provide strong leadership and management to the Trust wide Mental Health Act Administration Team, managing staff and financial resources as appropriate

Responsible for the professional development of staff within the Trust wide Mental Health Act Administration Team.

Responsible for ensuring that the Mental Health Act is administered within statutory guidelines and meets internal and external targets.

Take the lead with senior members of staff from the Mental Health Act Administration Team that clinical staff are able to access an appropriate level of legal advice when they need to.

Responsible for Human Resource issues within the Mental Health Act Administration Team as and when they arise, taking necessary action when required.

Responsible for ensuring all staff within the Mental Health Act Administration Team have regular supervision from line management and annual appraisals, as well as being compliant with the Trusts mandatory training requirements.

Responsible for leading the selection and recruitment process for Mental Health Act Administration staff.

Maintain a strong relationship with external bodies including the CQC, Mental Health Tribunal Office, Commissioning Groups, Department of Health, Ministry of Justice and Police.

Accountable for the management of the Mental Health Act Administration budget including authorised signatory for both pay and non-pay following up areas of concern with Finance Department.

Responsibility for budget setting making decisions to move funds within the budget to ensure resources are allocated appropriately including cost efficiency savings.

Take the lead for ensuring that the Trust provides Hearing rooms that meeting the Tribunal rooms specification in conjunction with the Estates Department.

Responsible for setting and monitoring Mental Health Act standards to ensure that the Mental Health Act Administration Team works effectively and that best practices developed, and make decisions to alter or amend the standards when necessary.

Accountable for ensuring that relevant issues relating to the Mental Health Act are brought to the attention of the Executive Nurse.

Responsible for identifying and managing any actual or potential legal risks to the Trust relating to the Mental Health Act and taking the decision to involve the Trust solicitors as appropriate to the particular issue.

Offer support information and advice on all issues relating to the Mental Health Act both verbally and in writing to a wide range of audiences.

Provide support to the Executive Nurse and the Associate Hospital Manager Chairman to enable them to carry out their delegated responsibilities of the Board of Directors.

Ensure that there are robust systems in place for the Mental Health Act Associate Hospital Managers to provide a high quality service for Appeals and Renewal Hearings, ensuring that they are appropriately trained and their performance monitored.

To maintain own knowledge base and keep up to date with changing requirements and legislation in relation to the Mental Health Act.

To manage highly complex legal Mental Health Act issues when these require a higher level of expertise than can be dealt with in the Mental Health Act Administration Office, and to decide when it is appropriate to refer the matter to the Trust Solicitors.

Provide highly specialist advice and information to all staff within the Trust in relation to the Mental Health Act.

Ensure that there is an appropriate level of Mental Health Act e-learning training available to all staff.

Ensure patients rights are protected by having systems in place to ensure that appeals against detention are heard in a timely manner reviewing systems and if indicated making a decision to implement changes when indicated to ensure the systems function correctly.

To act as lead Mental Health Act Officer between the Trust and authorised Trust Solicitor deciding when legal advice should be sought regarding Mental Health Act practice issues.

Take the lead in monitoring the practice of visiting patients legal representatives taking the decision where issues of concern arise to discuss with NHS Fraud, Executive Nurse and if required, reporting the matter to the appropriate legal monitoring body.

To develop and implement a Mental Health Act policy and any other policies which impact across all areas within the Trust in conjunction with Mental Health Act training.

Take the lead for identifying, developing and managing formal Service Level Agreements within external customers, i.e. acute hospital trusts.

Take responsibility for new legislation, guidance and case law relating to the application of statute in Trust services and consider how this may impact on future policy and practice implementing any changes that may be required.

Monitor Mental Health Act compliance identifying areas of good practice and non-compliance taking any recommended corrective measures as necessary.

Prepare any discussion papers when a practice change has been developed and present to the appropriate forums discussing the issues and negotiating any planned changes where required.

Analyse data in relation to Mental Health Act detentions for presentation to the Trust Board and any other forums.

Ensure that reports to Trust Board and Committees are appropriate and meaningful.

Take the lead for ensuring that any issues raised by the Care Quality Commission Mental Health Act Inspection Team are responded to and prepare the final action plans for approval by the Executive Nurse.

Attend the Trust Mental Health Act & Safeguarding Committee and any other forums required.

Oversee visits to the Trust from the Care Quality Commission ensuring arrangements are in place prior to the visit and preparation of the Trust response to the visits.

Analyse reports from the Care Quality Commission highlighting any trends or concerns and present these to the appropriate forums.

To meet regularly with the Associate Hospital Manager Chairman to discuss any Mental Health Act practice issues in relation to Associate Hospital Managers and any other areas pertaining to the Mental Health Act.

Take the lead for the Mental Health Act Administration Office in deciding which areas of the Mental Health Act need to be audited based on risks highlighted by the Care Quality Commission inspections, Mental Health Act monitoring and any other monitoring which highlights a particular area of concern or a failure to meet the standards set.

Person Specification

Qualifications

Essential

• Educated to masters level or equivalent level of experience of working at a senior level in specialist area.
• Extensive expert knowledge of specialist areas, acquired through post graduate diploma or equivalent experience or training plus further specialist knowledge or experience to master's level equivalent
• Highly detailed knowledge and understanding of the application of the Mental Health Act.

Knowledge

Essential

• Highly developed presentation skills for conveying highly complex concepts of Mental Health Act.
• Evidence of planning and delivering programmes and services to expected outcomes, on time and in budget.
• Interpret policy and legal precedence, research best practice; interpret relevance and processes and practices that could be successfully implemented to achieve reform and quality governance.

Skills

Essential

• Ability to produce concise and accurate written reports
• Developed communication skills for delivering key messages to a range of stakeholders both internal and external (including outside the NHS) to the organisation, some at very senior level.
• Experience of working autonomously, of planning and adapting services to changing needs.

Disclosure and Barring Service Check

This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service (formerly known as CRB) to check for any previous criminal convictions.

Certificate of Sponsorship

Applications from job seekers who require current Skilled worker sponsorship to work in the UK are welcome and will be considered alongside all other applications. For further information visit the UK Visas and Immigration website (Opens in a new tab).

From 6 April 2017, skilled worker applicants, applying for entry clearance into the UK, have had to present a criminal record certificate from each country they have resided continuously or cumulatively for 12 months or more in the past 10 years. Adult dependants (over 18 years old) are also subject to this requirement. Guidance can be found here Criminal records checks for overseas applicants (Opens in a new tab).

Employer details

Employer name

Essex Partnership University NHS Foundation Trust

Address

Brockfield House

Kemble Way

Wickford

SS11 7FE

Employer's website

https://eput.nhs.uk/ (Opens in a new tab)