Mental Health Act Administrator

Job description

Job responsibilities

Job Purpose

This specialised role is to manage all aspects of the Mental Health Act (MHA) Administration for the Devon Partnership NHS Trust within a defined geographical area, however there will need to be flexibility in providing cover to other MHA offices at times when required,

The post holder will be required to process all MHA and MCA enquiries and the subsequent handling of information concerning individuals and their representatives (patients and their supporters including nearest relative, clinicians, legal representatives and/or advocates, the Hospital Managers, Tribunals Office, Care Quality Commission and Ministry of Justice (where appropriate).

The post holder will be expected to use their initiative to make decisions and give advice on all aspects of the Mental Health Act and Mental Capacity Act as a major responsibility of the role.

The post holder has responsibility for the timely and accurate creation, maintenance and storage of paper and electronic records and to maintain compliance with the Mental Health and Mental Capacity Acts, Trust Policy, General Data Protection Regulations, the Freedom of Information Act, confidentiality and any other relevant statutory requirements.

The post holder will be expected to participate in core clinical governance activities, by providing relevant data for audit, evaluation and research and the delivery of MHA and MCA training for all levels of staff.

Duties and Responsibilities

Communication & Working Relationships

The post holder will be required to:

1. Communicate complex and sensitive information with a range of staff, patients and carers
2. Deal with significant barriers to communications. For example when dealing with patients rights or liaison with relatives
3. Communicate across internal and external organisation(s), demonstrating high levels of negotiating and influencing skills, for example with patients and carers Medical / Clinical staff, Approved Mental Health Practitioners, Hospital Managers, Solicitors, Tribunal Office, Care Quality Commission, Ministry of Justice
4. Build and maintain effective team working relationships with all the above groups

Planning & Organisation

1. The post holder will be responsible for receiving, scrutinising and processing MHA paperwork, Deprivation of Liberty Safeguard) paperwork and assessments for the LPS.
2. Plan, organise and administer MHA Tribunals and Hospital Managers hearings, informing staff of the need to produce reports and ensuring their timely distribution
3. To ensure the provision of Mental Health Act and Mental Capacity Act advice during normal working hours.
4. To plan and prioritise their workload (delegate tasks and provide day to day supervision to the MHA administrative assistant where appropriate)
5. Keep accurate records and inform clinicians of impending deadlines
6. Plan and organise visits to wards / units to check MHA/MCA paperwork to ensure compliance with legislation
7. Plan and deliver training to all levels of clinical staff in accordance with the Training Programme
8. To facilitate CQC visits to inpatient wards / units to ensure compliance with statutory requirements
9. To react to rapidly changing situations, interruptions and unforeseen events and ensure a timely and accurate response

Responsibility for Judgement and Analysis

The post holder will:

1. The post holder will be responsible for receiving, scrutinising and processing MHA (and other related paperwork where appropriate, i.e. Guardianship, Deprivation of and Deprivation of Liberty Safeguards) on behalf of the Trust.

2. Be required to investigate a variety of issues and propose solutions when dealing with complex enquiries.

3. Be able to understand interpret and apply the relevant legislation and current case law to the Acts

4. To have specialist detailed knowledge in the application of the MHA/ MCA and DOLS

Responsibility for Patient/Client Care, Treatment & Therapy

1. To provide advice, support and information to patients, relatives / carers and clinicians relating to the MHA/MCA/DOLS.
2. To visit patients when necessary to ensure that patients are properly informed of their rights, have information about appeal processes etc
3. To provide assistance when necessary to patients applying for a Hospital Managers Hearings or Mental Health Tribunal within the legal time frame

Policy, Service, Research & Development Responsibility

The post holder will be:

1. Expected to participate in core clinical governance activities by providing relevant data for audit, evaluation and research.
2. Contribute to the development of Trust policies and local protocols and oversee their implementation.
3. Ensure adherence to MHA/MCA/DOLS policies across the Trust through monitoring of systems and processes in place.

Responsibility for Finance, Equipment & Other Resources

The post holder will be expected to use Agresso for the ordering of office equipment/stationery subject to managerial authorisation

Responsibility for Supervision, Leadership & Management

1. The post holder will provide day to day supervision of the MHA Admin Assistant (where appropriate)

2. The post holder will deliver training on the MHA/MCA and DOLS to a wide range of staff and clinicians

Information Resources & Administrative Duties

1. Ensure that patients are legally detained/ deprived of their liberty under the appropriate legislative framework
2. To ensure that patients are informed of their rights and provided with appropriate written information about the effects of any statutory framework and appeal processes
3. Scrutinise, monitor and administer the legal paperwork involved with the detention or deprivation of patients under the MHA/MCA/DOLS.
4. To manage confidential and sensitive information
5. Maintain up to date and accurate patient files relating to MHA/MCA/DOLS paperwork.
6. Ensure MHA Hospital Managers files are up to date and send new information to Managers when needed.
7. Work to and advise individuals of the information governance process when accessing records.
8. Contribute to statutory reports ensuring they are managed in accordance with the requirements of the MHA/MCA/DOLS
9. Assist other localities in administering the Mental Health Act as directed by the MHA Manager/Senior MHA Administrator
10. Assist with the development and maintenance of the IT based resource library for the Mental Health Act.
11. To be the first point of contact and support for staff with any queries/concerns regarding the MHA/MCA/DOLS
12. Provide advice to clinicians and other clinical staff on procedures which support compliance with the Acts as required, taking account of any changes in legislation.
13. To attend relevant meetings, seminars and conferences to maintain currency with MHA/MCA/DOLS legislation.
14. To organise Managers and Tribunal Hearings including dates and venues, informing staff who are required to produce reports, collating the relevant reports, and other necessary documentation including liaison with the Tribunals Office.
15. Arrange legal representation for patients and liaison with Solicitors when required
16. To liaise with MHA Hospital Managers to arrange ward visits and to contact the ward manager to give details of visit
17. To plan and visit all inpatient wards / units to scrutinise ward files, making sure that all relevant paperwork is up to date and to check the legality of the paperwork making necessary corrections where appropriate
18. In conjunction with the Mental Health Act Manager to plan and deliver MHA/MCA training as required
19. To contribute to the development of administrative protocols and MHA policies
20. To undertake any other responsibilities appropriate to the grade as directed by the Mental Health Legislation Professional Lead

Any Other Specific Tasks Required

1. Attend relevant meetings, seminars and conferences to keep up to date with legislation and training.
2. Attend MHA Hospital Managers hearings in the capacity of procedural advisor and ensure the Hearings satisfy the legal requirements
3. Liaise with the CQC to ensure the processes for Second Opinion Approved Doctors (SOADs) is followed

Person Specification

Experience

Essential

• Demonstrable Involvement in, or knowledge of application and administration of the Mental Health Act 1983 and of the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards
• Good working knowledge of IT MS Office Programmes

Desirable

• Experience of working with mental health, learning disability, neurodiversity
• Administration/secretarial skills
• Office experience and working as part of a small busy team

Qualifications

Essential

• NVQ level 3/4 in administration, similar administration qualification or equivalent experience

Desirable

• Certificate in Mental Health Law

Communication skills

Essential

• Ability to impart complex information to service users detained under the MHA (1983)
• Deal with difficult situations and communicate sensitive information
• Deliver training and presentations

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.

Employer details

Employer name

Devon Partnership NHS Trust

Address

Wonford House

Dryden Road

Exeter

Devon

EX2 5AF

Employer's website

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