Mental Capacity Act and DoLS Team Leader/Co-ordinator

Job responsibilities

Calderdale ICB arranges packages of care for people who are eligible for continuing healthcare (CHC). In addition the ICB shares responsibility with other agencies for arranging care for people who are eligible for joint-funding and funded nursing care. Some of the people for whom the ICB arranges care lack capacity to make decisions about their care and accommodation. In some situations, these arrangements constitute, or contribute to, a deprivation of liberty (DOL).

This post holder will be responsible for assuring the ICB with support from Operations Manager for CHC, LD and MH and Head of Continuing Healthcare that the Deprivation of Liberty Safeguards are correctly applied. The post holder will support and advise other CHC team members in matters relating to the Mental Capacity Act (MCA) and DoLS. They will liaise with partners as appropriate. They will ensure that the principles of the DoLS and the MCA are embedded in local policies and procedures, are applied within the CHC Team so that they become ‘business as usual’ when designing and developing packages of care. The post holder will hold responsibility for DoLS administration support team and MCA/DoLS/ LPS case management supervision for lead professionals within the CHC team. The post holder will provide the CHC team with specialist advice and training on MCA / DoLS related subjects and hold first tier responsibility for DoLS operational processes.

The post holder’s principles tasks will encompass 2 main areas:

1. Act as lead within the CHC team to ensure that all appropriate applications are made to the Court of Protection for Deprivation of Liberty authorisation and to manage appeals

• Assessing care and care packages to ensure they are MCA / DoLS compliant prepare the application to the Court of Protection for DoL authorisation
• Providing leadership to and working with the CHC team to recognise potential patients that require DoL applications and action as required
• Working closely with local authority colleagues to ensure DoL applications are made appropriately
• Provide complex case management supervision specifically around MCA / DoLS.
• Train and support a small number of CHC staff to undertake DoL applications to the Court of Protection or similar processes under Liberty Protection Safeguards

1. Act as CHC team lead for the Mental Capacity Act

• That the MCA is correctly applied within the CHC Team
• Act as a resource to staff and managers within the ICB concerning the MCA/ DoLS
• Providing training and supervision to CHC staff to help update their knowledge and skills in relation to MCA and DoL
• Ensure smooth application of DoLS operational process and administration of all DoLS applications
• Ensure smooth implementation of any MCA / DoLS changes in legislation such as LPS working alongside partner organisations.
• Monitoring and reporting on specified performance matrixes as required for internal and external audit purposes.
• Assess and monitor financial impact of activity reporting any identified organisational risk or resource implications

This includes:

1. Ensuring that deprivations of liberty imputable to the ICB (in full or in part) are appropriately authorised.
2. Liaise with the legal advisors making applications to the Court of Protection (and occasional other Courts or Tribunals).
3. Ensure that the knowledge and skills of care managers are up to date and relevant, in respect of DoLs, the Mental Capacity Act (MCA) and associated legislation, case law and guidance.
4. Providing highly complex information for the Court of Protection in the most complex applications, including those initiated by parties external to the ICB.
5. Undertake complex mental capacity assessments and make best interest decisions.
6. Ensure that agencies from whom the ICB commissions care for service users maintain and up to date record of all eligible service users who are subject to a DOL, the date it was authorised, the conditions and its date for renewal.
7. Ensure that care managers plan care in accordance with authorised care packages, including compliance with any conditions.
8. Ensure that any care package offered by the ICB is designed so that service users are not subject to overly restrictive measures in their day-to-day lives.
9. Effective and sensitive liaison and communication with patients / service users and their significant others in regards to MCA and DoL issues.
10. Ensure that care managers provide appropriate, timely information in the form required by the Court of Protection, to enable it to decide whether to authorise a DOL.
11. Gather highly complex information and complete the Court of Protection application forms, to authorise a deprivation of liberty.
12. Ensure that complex information is gathered, analysed and provided to enable responses to be made to the legal challenges raised by other parties to a DOL, or in related matters before the Courts.
13. Assist the ICB on securing value for money in respect of applications to COP (or other Courts or Tribunals) and timely responding to challenges raised by other parties.
14. Ensure the timely exchange of information between care managers and legal advisers so that DOLs applications are made in a timely fashion.
15. Communicate the ICB position on cases in the Court of Protection to the CCG legal advisors.
16. Assist the Head of Continuing Healthcare to develop and manage the relationship between the ICB and external agencies providing advocacy in relation to DOLs.
17. Gather the required information and compete the Court of Protection application form, do so to a sufficiently high standard, to enable the Court to make a decision on the applications.
18. Quality assures the systems in place for storing patient information in relation to DOLs applications (which may be contentious and sensitive).
19. Ensure audit of practice in relation to MCA & DOLs takes place on a regular basis, make recommendations for remedial actions and ensure action plan are implemented and evaluated.
20. Advise care management colleagues in making decisions about applications to the Court, where the information or circumstances are highly complex, conflicting or contentious.
21. Responsible for monitoring DoLS activity within their team and providing monthly performance reports.
22. Identify key priorities for their team in line with CHC team objectives, National Guidance, local initiatives, MCA and DoLS ensuring all staff are clear of their individual objectives and responsibilities.
23. Identify service improvement initiatives. Where appropriate working with key stakeholders to develop and deliver implementation.
24. Chairing multi agency best interest meetings in highly complex cases.
25. Be able to advise legal representatives on the appropriate selection of expert witnesses for the Court of Protection.

Key Outcomes of the post:

• That all deprivations of liberty imputable to the ICB are appropriately authorised.
• That the DOL safeguards are appropriately applied, so that care is delivered in the least restrictive manner, based on the options available for the service user.
• The efficient and effective commissioning of safe, effective support to adults with learning disabilities and or mental health.
• That knowledge, culture and processes applied by local care managers ensure that the MCA and DOLs are embedded in practice.
• That the ICB secures best value from its providers of legal services and advocacy.

Experience

Essential

• Further knowledge of specialist areas, acquired through post graduate diploma or equivalent experience or training plus further specialist knowledge
• Specialist knowledge of learning disabilities and or mental health
• Specialist knowledge and experience of Continuing Healthcare (CHC) and ICB responsibilities for CHC
• Evidence of ongoing professional development
• Prior experience of working within LD/MH function.
• Experience of leading and managing staff
• Experience of communicating and engaging effectively with external agencies/stakeholder
• Some understanding and knowledge of the workings of the NHS, the challenges it faces and of the reform agenda
• Experience of working in the NHS
• Some experience of using performance management/improvement systems
• Expert knowledge of the Mental Capacity Act and Deprivation of Liberty Safeguards and their application
• Experience of chairing best interest meetings

Desirable

• Best Interest Assessor (BIA) or agreement to train for BIA accreditation within 6 months of commencing post
• Knowledge and experience of Deprivation of Liberty authorisations
• Experience of Court of Protection applications
• Some knowledge and experience of programme and/or project management

Skills & behaviours

Essential

• Able to think conceptually; recognising assumptions, interpreting and evaluating arguments and deducing inferences.
• Able to think analytically; anticipating obstacles and thinking ahead; using analytical techniques to identify several solutions.
• Able to think on their feet when dealing with issues and problems.
• Computer literate with an ability to use the required systems/office packages
• Able to analyse and interpret data to draw conclusions
• Able to effectively manage resources (financial and others) to ensure delivery of a service/project
• -Able to provide, receive, convey and present information in a clear way
• -Has a responsive, solution focused approach to addressing issues and barriers
• Able to work flexibly to meet the needs of the service and ensure a customer focused response.
• Able to build and sustain relationships, actively involving stakeholders where appropriate.
• Is open and honest and acts with integrity
• Able to work both independently where required and as a team and corporate player
• Credible, trustworthy and able to inspire confidence in others
• Enthusiastic about area of work and achieving results for clients
• Conscientious; able and keen to deliver best possible quality at all times

Qualifications

Essential

• Further knowledge of specialist areas, acquired through post graduate diploma or equivalent experience or training plus further specialist knowledge
• Specialist knowledge of learning disabilities and or mental health
• Specialist knowledge and experience of Continuing Healthcare (CHC) and ICB responsibilities for CHC
• Evidence of ongoing professional development
• Prior experience of working within LD/MH function.
• Experience of leading and managing staff
• Experience of communicating and engaging effectively with external agencies/stakeholder
• Some understanding and knowledge of the workings of the NHS, the challenges it faces and of the reform agenda
• Experience of working in the NHS
• Some experience of using performance management/improvement systems
• Expert knowledge of the Mental Capacity Act and Deprivation of
• Liberty Safeguards and their application
• Experience of chairing best interest meetings

Desirable

• Further knowledge of specialist areas, acquired through post graduate diploma or equivalent experience or training plus further specialist knowledge
• Specialist knowledge of learning disabilities and or mental health
• Specialist knowledge and experience of Continuing Healthcare (CHC) and ICB responsibilities for CHC
• Evidence of ongoing professional development
• Prior experience of working within LD/MH function.
• Experience of leading and managing staff
• Experience of communicating and engaging effectively with external agencies/stakeholder
• Some understanding and knowledge of the workings of the NHS, the challenges it faces and of the reform agenda
• Experience of working in the NHS
• Some experience of using performance management/improvement systems
• Expert knowledge of the Mental Capacity Act and Deprivation of
• Liberty Safeguards and their application
• Experience of chairing best interest meetings

Skills & behaviours

Essential

• Able to work flexibly to meet the needs of the service and ensure a customer focussed response.
• Independently mobile in order to be able to work across a number of sites across the country and travel to meet with clients.
• Able to undertake the demands of the post.

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).