Mental Capacity Act, LPS / DoLS and Court of Protection Professional

Job responsibilities

Communication and relationships

Deputising (as and when required) for the strategic lead for MCA/DoLS/Court of Protection/LPS at Rotherham Place specifically in relation to appropriate meetings, forums, working groups, etc regarding MCA, DoLS & LPS, and Court of Protection.

Participating, involvement and appropriately leading within relevant meetings, forums, working groups, etc specifically in relation to MCA, DoLS & LPS locally at the ICB at, Rotherham Place, within the NHS South Yorkshire ICB collective, locally with other partner agencies and care providers and in other appropriate networks.

Develop strong, collaborative working relationships with other MCA, DoL and LPS practitioners within NHS South Yorkshire ICB at our other places in Barnsley, Doncaster and Sheffield.

Provide leadership to and to support the CHC Team in identifying potential patients that require DoL applications and action these appropriately.

Work closely and collaboratively with Local Authority partners to ensure DoL applications are made appropriately.

Provide case management supervision around DoLS / LPS / MCA.

Train and support a number of members of the CHC team to undertake DoL applications to the Court of Protection and any subsequent application processes for LPS when this comes into effect.

Ensuring that the skills and knowledge of Care Managers in relation to the MCA and DoL (and any other relevant legislation, guidance and case law) are up to date and relevant.

Where appropriate and with support from the Rotherham Place Lead for MCA, DoLS / LPS and CoP, provide complex information in applications to the Court of Protection, including those being initiated by external partners and agencies.

Effective and sensitive liaison & communication with individuals and their significant others in relation to MCA and DoL issues.

Liaising with Legal Advisors (where appropriate and necessary) for making applications to the Court of Protection and occasional other Courts and Tribunals.

Ensuring the timely exchange of information between Care Managers and Legal Advisors so that DoL applications are made in a timely manner.

With support from the Rotherham Place Lead for MCA, DoLS / LPS and CoP, communicating ICB position to Legal Advisors on cases ongoing within the Court of Protection.

Assist and support the Head of NHS Continuing Care and CHC Team at Rotherham Place to develop and manage the relationship with external agencies providing advocacy services.

Analytical and judgement

Advise and support CHC colleagues in making decisions about applications to the Court of Protection, where information may be highly complex, conflicting or contentious, understanding when there is a need to seek support and advice from senior colleagues.

Ensuring that care packages offered by the CHC at Rotherham Place are designed to ensure that individuals are not subject to overly restrictive practices in their day to day lives.

Assessment and monitoring of the financial impact of activity and reporting any identified organisational risk and / or resource implications.

Responsibility for monitoring DoL and MCA activity and providing monthly performance reports to the strategic lead for MCA / DoLS / LPS / CoP at Rotherham Place.

Monitoring and reporting on performance matrices for internal and external audit and assurance purposes.

Performing regular audits of practice in relation to MCA and DoL, make recommendations for remedial actions and develop, implement and evaluate action plans.

Planning and organisation

Ensuring that all appropriate applications are made to the Court of Protection for Deprivation of Liberty Authorisation and the management of appeals.

Ensure smooth application of DoLS operational processes (and subsequent LPS processes) and administration & oversight of these applications.

With CHC colleagues, carry out assessment of care and care packages to ensure that they are MCA / DoLS compliant.

Ensuring and providing assurance that the MCA is applied correctly within the CHC Team.

Ensuring that providers of care and the ICB commissioners maintain and keep up to date records of eligible individuals subject to DoLS (and LPS when this comes into effect), with relevant dates of authorisation, conditions, and renewal dates.

Ensuring that CHC staff plan care in accordance with authorised care packages and including compliance with any conditions.

Ensuring that CHC colleagues provide appropriate and timely information in the form required to the Court of Protection to enable decisions to be made in relation to DoL authorisations.

Gathering highly complex information (to a sufficiently high standard) and complete Court of Protection applications to enable authorisation of DoL.

Assisting the ICB in securing value for money in respect of applications to the Court of Protection (or other courts and tribunals) and timely responding to challenges made by other parties.

Quality assurance of systems in place for storing patient information for DoL authorisation which may include contentious and sensitive information.

Identify key priorities for the CHC Team in line with overall CHC Team objectives in relation to the MCA, DoL and LPS (when applicable), local initiatives and national guidance. Ensuring the members of the CHC Team are clear about their individual and team responsibilities.

Policy and Service Development

Identify potential service level improvements and initiatives, and where appropriate work with key stake holders to deliver and develop implementation.

To collaboratively lead on the development, provision and delivery of MCA, DoL and LPS in-house training for CHC and other teams (where required) at NHS South Yorkshire ICB at Rotherham Place.

Ensuring the smooth operational implementation of any changes in legislation regarding the MCA and DoLS (such as LPS and MCA Code of Practice) and working alongside partner agencies and providers.

Information Resources

Act as a specialist information resource for MCA / DoLS / LPS for Team Managers and staff within the ICB at Rotherham Place.

Provide MCA / DoLS and LPS training and supervision to CHC staff (and other teams) to ensure knowledge is kept up to date in relation to these areas.

Support the dissemination of information, updates and changes within the CHC and other Rotherham Place teams in relation to the MCA, DoLS / LPS and Court of Protection matters.

Physical Effort

Requirement to attend both virtual and in-person meetings.

Use of Visual Display Units / laptops / other computer equipment.

Potential for being seated for long periods of time.

Some moving and handling required in relation to moving electronic equipment and paperwork.

Mental Effort

Ability to maintain long periods of concentration.

Work within an environment that is complex and unpredictable, manage pressure be able to think flexibly, proactively time manage and prioritise tasks and outcomes. Able to formulate and achieve targets and deadlines.

Ability to work autonomously, whilst understanding own limitations and where there is a need to seek advice. Ability to manage own workload, and work collaboratively within teams.

Manage potential conflict and the differing opinions and agendas of others, focusing on solutions and agreeing joint outcomes.

Ability to share information both appropriately and in a highly skilled manner (both verbally and written) that may be highly confidential, complex in nature, contentious and sensitive. The post holder will also be required to make decisions and judgements on this type of information.

Emotional Effort

This role will require dealing with information that may be contentious, highly emotive and confidential. The role holder will require a high level of skill and emotional resilience to be able to manage this element of the role.

Working Conditions

The role is primarily office based in Rotherham, although there is scope to agree hybrid working for this post.

The role will require ability to travel both locally in the Rotherham borough, regionally within Yorkshire & Humber and potentially wider for national events.

General

The post holder will:

Develop a culture that promotes equality and values diversity. The post holder must be aware of and committed to the Equality and Diversity policies of NHS South Yorkshire ICB, comply with all the requirements of these policies and also actively promote Equality and Diversity issues relevant to the post.

Ensure the principles of openness, transparency and candour are observed and upheld in all working practices.

Ensure that any infection prevention and control issues are reported to their line manager/Infection Prevention and Control.

Be aware of and adhere to the provisions of the Health and Safety at Work Act and to ensure their own safety and the safety of colleagues and patients.

Maintain confidentiality at all times.

Qualifications

Essential

• Registered Nurse, Social Worker, AMHP or OT with Professional qualification (Degree / Diploma) and current registration with a relevant and appropriate professional body i.e. NMC, HCPC.
• Masters level qualification and / or equivalent experience.
• Best Interest Assessor (or agreement to train for BIA accreditation following commencing employment)
• Evidence of further knowledge of individual specialist area through CPD, Post-Graduate studying, experience and training.
• Continued commitment to improve knowledge, abilities and skills applicable to this post.
• Teaching / Training / Mentoring qualification

Skills and Competencies

Essential

• Good conceptual thinking skills. Ability to recognise assumptions, interpret and evaluate arguments and deduce inferences.
• Good analytical thinking skills. Ability to anticipate obstacles and forward think, use analytical techniques to identify solutions.
• Ability to proactively adapt in a fluid, dynamic and fast changing work environment.
• Good organisational skills. Be able to set achievable time frames for delivering, and meet targets and deadlines as needed.
• Ability to manage complex and highly charged situations involving sensitive, emotive and contentious subjects in a calm professional manner.
• Able to communicate well and provide clear and comprehensive information appropriately aimed at the target audience.
• Ability to be an agent of change and facilitate, promote and implement change.
• Able to write reports, complete audits, and present & disseminate information to a high standard.
• Excellent IT skills, able to use a wide range of computer office packages (word, excel, powerpoint, etc)

Knowledge and Understanding

Essential

• Specialist knowledge of Mental Health and / or Learning Disabilities.
• Extensive experience of working within relevant Mental Health / Learning Disabilities services or with either of these patient groups.
• Extensive theoretical and practical knowledge of the Mental Capacity Act, Mental Health Act and DoLS.
• Extensive knowledge in relation to the planned changes from DoLS to Liberty Protection Safeguards.
• Knowledge and experience in making Deprivation of Liberty applications.
• Demonstratable knowledge in relation to Continuing Health Care, eligibility criteria, guidance and policies.
• Good understanding of the role and functions of ICBs and partner agencies in the commissioning of health and social care provision.
• Experience of working within the sphere of the Court of Protection / Court Settings and Court of Protection applications.
• Evidence of extensive experience of health and social care needs assessment, care planning and coordination.
• Understanding of the workings of the NHS, current challenges and the reform agenda.
• Demonstratable experience of communicating and engaging effectively with stake holders and / or external agencies.

Desirable

• Experience of developing training packages and delivering training
• Experience of leading and managing staff.

Attributes

Essential

• Has a solution focused approach to addressing barriers and challenges.
• Able to work flexibly to meet the needs of the service and ensure approaches are customer focused.
• Ability to build and maintain positive relationships with colleagues and external agencies and partner organisations.
• Ability to regulate behaviour & remain professional when challenged and when dealing with contentious, sensitive and emotive issues. Good conflict resolution skills and focus on achieving positive outcomes.
• Be tenacious and have emotional resilience.
• Be open, honest, transparent and act with integrity. Be credible, trustworthy and inspire confidence in others.
• Set clear targets & goals and motivate others in achieving these.
• Be positive and enthusiastic in relation to the area of work and achieving results.

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).

UK Registration

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