The Mental Health Legislation Team (MHL Team) offers a comprehensive Trust wide service to all in-patient and community services within Northamptonshire Healthcare NHS Foundation Trust providing expertise in all aspects of the Mental Health Act 1983 (MHA), Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS), including associated Court of Protection (CoP) work. The team strives to deliver a consistently high standard of support to all NHFT staff offering advice, guidance and training in relation to the above legislations to ensure the Trust is lawfully compliant, maintain the Trust’s reputation and protect from unlawful practice and litigation claims.
The post holder will work with the Mental Health Legislation Manager and MHL Team to maintain an efficient and effective service for the Trust in relation to the Mental Health Act 1983, Mental Capacity Act 2005 and Deprivation of Liberty Safeguards legislations.
Main duties of the job
The post holder will require a good knowledge of the Mental Health Act 1983 and its complexities, along with an understanding of the Mental Capacity Act 2005 and associated Codes of Practice for both. It requires a high level of administrative skills and previous knowledge of working with legislation and legal documents is desirable. Working within the MHL Team, the post holder will also be expected to learn and support work relating to the Deprivation of Liberty Safeguards.
Working for our organisation
NHFT is an NHS Community and Mental Health Foundation Trust, providing physical, mental health and specialty services in hospital settings and in the community. We provide over 200 services across the county – as well as some specialist services in bordering and nearby counties. We work together with our partners to ensure that everyone who comes through our doors receives compassionate, person-centred care, regardless of their background or circumstances.
NHFT promotes a culture of learning, to improve the care and safety of our patients and colleagues. We have achieved our ‘outstanding’ rating by encouraging opportunity, innovation, development and growth across our workforce.
At NHFT we believe that work should be rewarded in every sense which is why we are proud to an accredited living wage employer.
We aim to support financial wellbeing and create an environment where are people feel valued and able to thrive.
Detailed job description and main responsibilities
- Provide advice and support to all professionals across the Trust in relation to the Mental Health Act 1983 and associated Code of Practice.
- Provide information to patients and nearest relatives in relation to detention, rights and appeals under the Mental Health Act 1983.
- Liaise with Consultants to provide advice and reminders to ensure they meet their legal obligations under the Mental Health Act 1983 within the required time limits.
- Liaise with Consultants in relation to the continued detention of patients, arranging MHA assessments and renewal hearings as appropriate within the required time limits.
- Provide advice and support to all professionals across the Trust in relation to the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.
- Build productive working relationships with colleagues including team members, NHFT staff and other external organisations.
- Maintain a sound knowledge of the Mental Health Act 1983 and Code of Practice, keeping up to date with ever changing case law.
- Act on behalf of the MHA Hospital Managers with regard to all delegated duties as defined in the Mental Health Act 1983 and Code of Practice.
- Receive and scrutinise legal documents for accuracy and compliance with the Mental Health Act 1983 ensuring the lawful detention of the patient.
- Maintain an efficient monitoring and diary system for all legal and time limited requirements under the Mental Health Act 1983.
- Liaise with Consultants and ward staff and provide necessary advice and paperwork to ensure these actions are completed within the required time limits.
- Co-ordinate appeals received for the First-Tier Tribunal and Hospital Managers hearings.
- Securing attendance of all relevant parties ensuring they are aware of time, date and venue for the hearing, including any changes
- On occasions it may be necessary to attend hearings in full to provide additional support to the panel and/or accompany the Hospital Manager when conveying the decision to the patient.
- Support the MHA Hospital Managers in all aspects to enable them to carry out their role effectively and confidently.
- Develop a working knowledge of the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.
- Receive and process Deprivation of Liberty Safeguards applications.
- Monitor Deprivation of Liberty Safeguards authorisations to ensure all necessary actions i.e. extensions and expiries are reviewed and records updated within the required time limits.
- Maintain accurate records and databases in an accessible and logical format, storing information in accordance with the requirements of the post, NHFT protocols and the Data Protection Act.
- Undertake any other duties that may be reasonably required of this post as requested by the MHL Manager.
- Provide general admin support to the MHL Manager as required.
- Attend meetings, taking and distributing minutes as required by the MHL Manager.
- Take personal responsibility to undertake self-development and keep knowledge up to date.
- Prepare for and participate in regular supervision and annual appraisal with line manager.
- Participate and contribute to team meetings and briefings.
- Participate in surveys and audits carried out within the service to enable improvement and development.
- Work with the MHL Manager and team to develop robust implementation plans for delivery across the Trust to ensure smooth transitions to new legislation and practice.
Person specification
- Awareness of the Mental Health Act
- Awareness of the Mental Capacity Act
- Working knowledge of the Mental Health Act
- Prevously worked in an NHS setting
We are an equal opportunities employer, which aims to employ a workforce that reflects the diverse communities we serve. We welcome applications from all suitably qualified persons from all backgrounds.
All roles are subject to the home office immigration rules and therefore eligibility must meet certain requirements for any sponsorship to be considered. Please visit the government website for more information regarding eligibility,
At NHFT we support many of our colleagues to work flexibly and we will consider requests for flexible working from day one. For this role, we are open to discussing a range of options including flexible hours, agile/home working, compressed hours and part time hours. Please have a conversation with the recruiting manager about the flexibility you need and we will promise to explore what is possible with you.
Applicants who have a disability and meet the essential criteria for the job will be considered under the Guaranteed Interview Scheme. If you require a reasonable adjustment at any stage of the recruitment process please make the recruitment services team aware as soon as possible.
All posts that are engaged in a regulated activity will be subject to a Disclosure and Barring Service (DBS) check and a DBS re-check on a three yearly basis whilst employed in such a role. Staff employed in these posts will therefore be asked to register with the DBS Automatic Update Service upon receipt of their DBS certificate and must update yearly , the annual fee will be reimbursed subject to Trust policy. For further information please visit: DBS Update Service: applicant guide – GOV.UK (www.gov.uk)
Please note if a DBS is applicable for the position then a charge will be deducted from your first salary.
Please note that all new starters to the trustare subject to a probationary period.
Employer certification / accreditation badges
The postholder will have access to vulnerable people in the course of their normal duties and as such this post is subject to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service to check for any previous criminal convictions.
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