Mental Capacity Act and Court of Protection Lead

Job description

Job responsibilities

Communication and Working Relationship Skills

• The post holder will be required to take responsibility for handling queries and information in a tactful, diplomatic and empathic manner, adhering to the organisations standards of customer care.
• The post holder will be required to deal with complex and sensitive information in a non-judgemental way, sometimes in challenging situations.
• The post holder will lead on the MCA and Court of Protection work to support the development, co-ordination, management and delivery across the Trust.
• The post holder will be in regular communication with clinicians re MCA caselaw developments to ensure seamless delivery of the Trust responsibilities under the Mental Capacity Act and (Amendment) Act 2019.
• The post holder will be expected to behave in accordance with the Trust's values of demonstrating compassion, striving for excellence, respecting diversity, acting with integrity and to listen and support others.
• The post holder will be expected to provide and receive complex and sensitive information, where persuasive, motivational, negotiating, training, empathic or re-assurance skills are required. This may be because agreement or cooperation is required or because there are barriers to understanding
• The post holder will be required to engage with the Trust Solicitor (and other professionals) to ensure that practice meets current legal requirements and where this is not clear helping to facilitate application(s) to the Court of Protection.
• Working with frontline staff to build on and develop excellent practice for people who may lack capacity in relation to decisions around their care and support.

Analytical and Judgemental Skills

• Undertaking MCA assessments, monitor, evaluate, review and making improvements where necessary.
• Ensure all MCA training is monitored and evaluated for quality and effectiveness.
• Support Staff to reflect and improve their MCA assessments and LPS practice. Teach by example.
• The post holder will manage and prioritise all incoming and outgoing communications relating to their role responsibilities and will initiate responses where appropriate, demonstrating at all times a high level of discretion and confidentiality while ensuring responses to deadlines and targets are met.
• The post holder will analyse facts and data as required when reviewing assessments and the impact of practice on patient care.
• To contribute to investigations where related to own area of expertise, and to be an advisor in agreeing Terms of Reference where investigation includes a focus on mental capacity or similar.
• The post holder will be required to use their own judgement where appropriate.

Planning and Organisational Skills

• The post holder will be expected to plan and organise their own programmes of work. They will be required to support Staff throughout the Trust to identify, assess and manage all LPS authorisations.
• They will be required to organise and plan training and education programmes and courses and they will be responsible for, ensuring that plans are adjusted to meet changing deadlines and shifting priorities.
• The post holder must be able to manage a diverse workload, identify priorities and multi task to ensure delivery of the Trusts responsibilities as a Responsible Body.
• The Post holder will ensure that Court of Protection timescales are adhered to by reminding clinicians and liaising with Trust solicitors where issues may arise

Responsibility for Patient/Client Care, Treatment and Therapy

• The post holder will assist staff in identifying when someone is being deprived of their liberty.
• The post holder will undertake and assist staff to undertake Mental Capacity Assessments providing specialist advice to staff in this area.
• The post will support staff in the completion of, and provide specialist support regarding, Deprivations of Liberty Safeguards and Liberty Protection Safeguards.
• They will refer to other specialists as required in order to provide optimal care of the participant.

• Collate and review information to ensure that there is an accurate overview of all patients who are deprived of their liberty within the organisation, that applications are processed within timescales and that appropriate review is undertaken.
• They will act as a reviewer of patients for the Trust which will be Responsible Body for LPS
• The post holder is required to put the patient, as the first priority, at the centre of all activities.
• The post holder will have regular contact with patients/clients by phone or face to face and will provide information and advice to patients and carers.

• They will provide advice which contributes to the care, wellbeing of patients/clients.
• The post holder will be ensuring that the quality of care delivery and services to patients meets the expected standards as set out by the Trust.
• The post holder will contribute to, and approve plans relation to deprivations of liberty for patients within the hospital setting. This will be a service level accountability.

Responsibility for Policy and Service Development Implementation

• They will be responsible for writing and reviewing the Mental Capacity Act and Deprivations of Liberty Safeguards Policies.
• Responsible for policy implementation and for policy and service development in relation to MCA/LPS.
• They will inform and provide expertise in relation to deprivations of liberty and the Mental Capacity Act (2005) in regard to Trust policies where relevant, e.g. Restraint Policy, Safeguarding Adults policy.
• The post holder is responsible for exercising professional accountability and ensuring that their own and others practice is in line with their Code of Professional Practice and they abide by the legal and statutory rules relating to
• They demonstrate a high commitment to professional and personal development to ensure that professional competencies are maintained and developed to continue to meet the needs of the service.
• An up-to-date Personal Development Plan is maintained
• They promote and support innovative and evidence based practice and share knowledge and expertise with colleagues.
• Educational opportunities are utilised to facilitate learning in the clinical situation.
• They demonstrate critical reflection skills and the learning gained from experience
• They contribute to service and practice development initiatives within the clinical setting.
• They design and deliver new and existing education programmes to develop staff skills and practice around MCA and LPS. All training and assessment records are maintained and written and oral summaries of progress produced as required in relation to LPS and MCA.
• Undertaking quality practice reviews, provide feedback, support and to monitor improvement where required.

Responsibility for Finance, Equipment and Other Resources

• The post holder will not have a delegated authority for a budget.
• To ensure the efficient and effective use of all resources used within the course of ones own duties, maintaining an awareness of the financial impact of inappropriate use.

Responsibility for Human Resources, e.g. Supervision, Training, HR Advice and Management

• Responsible for leading on the MCA/LPS and Court of Protection work.
• Responsible for the devising and delivery of training programmes in relation MCA/LPS and the delivery of programmes in conjunction with the wider team.
• To support and encourage staff to identify, assess and manage all patients that lack capacity and those that may be deprived of their liberty.
• To promote a learning environment through identifying opportunities and seeking resources required for own and others learning.
• The post holder will be expected to lead in the development of a skilled workforce and facilitate a range of education, training and learning opportunities. This includes support in the delivery of structured training as well as ad hoc teaching opportunities to develop practice around MCA and LPS. This is an on-going job responsibility required for the role.
• The role will facilitate the development of staff and improvement of skills and competencies to develop the individual, team and organisational performance in line with Trust objective.

Responsibility for Information Resources and Administrative Duties

• Use a range of computer systems e.g. Word, Excel and PowerPoint to create reports, documents and presentations.
• Responsible for engaging with specialist areas to plan processes and systems that support practice, review and responsible body status in relation to MCA.

Responsibility for Research and Development

• Responsible for ensuring that regular audits and analysis of MCA performance data is conducted.
• Produce reports based on MCA audits and make recommendations to improve quality of MCA assessments ensuring the emphasis is on person centred assessments

Freedom to Act

• Use initiative to deal with routine and complex queries, deciding when necessary to refer to the available line manager.
• The post holder works autonomously and provides expert advice to all members of the Trust Staff at all levels in regard to the MCA and LPS.

Person Specification

Qualifications

Essential

• Qualified professional with current professional registration such as NMC/ HCPC registration
• Masters level qualification or equivalent experience
• Bests Interest Assessor

Desirable

• Approved Mental Health Professional
• Post graduate qualification in Mental Health Law

Experience

Essential

• Evidence of significant proven experience in working with adults with Mental Capacity Act / Mental Health issues at a senior level and providing specialist advice/administration in a complex NHS or Social Care Organisation.
• Experience of undertaking MCA assessments and/or DoLS authorisations

Desirable

• Experience in making applications to Court of Protection

Knowledge and Skills

Essential

• Able to work clinically and to chair meetings
• Proven organisational and planning skills
• Experience of Designing and delivering training
• Knowledge of the Mental Capacity Act and (Amendment) Act 2019 and the roles and responsibilities of Responsible Bodies
• An excellent understanding of safeguarding adults and children

Desirable

• Excellent IT skills
• Experience of audit work
• Experience of producing governance reports and completing clinical audits

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.

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

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)