Mental Health Law Administrator

Detailed job description and main responsibilities

Key responsibilities as Mental Health Law Administrator

Complying with day to day office standards protocol and checklists at all times  Ensuring that all Mental Health Law related documentation is carefully and fully scrutinised and processed within the relevant timescales dictated by the Act and Trust Policies.

 To carry out day to day administration of the Act and to ensure that all appropriate procedures required by staff within the Trust have been communicated effectively and monitored for completion/action. Escalating any concerns in a failure to complete the procedures within the team and to other team/ward managers as required and within a timely manner.

 To receive and administratively scrutinise MHA paperwork on behalf of the Trust which includes both statutory and non-statutory forms.

 To ensure that section papers are all legally acceptable and to bring any possible irregularities or legal deficits to the attention of the Mental Health Law Co-ordinator/Mental Health Law Manager for action. This includes using/completing locally identified tools and checklists to complete this and returning paperwork to the relevant professionals for amendments under Section 15 of the MHA. Ensuring a record is maintained of all scrutiny issues to inform MHL processes within the Trust and monitor and track individual papers.

 To ensure timely notification of detention to all appropriate professionals and the patients nearest relative as appropriate.

 Registration on Paris/Mental Health Act recording systems and registers of information on all detained patients, cross referencing and updating files/data for total accuracy and recording any changes in legal status.

 To ensure all office procedures and standards in relation to reminder systems in place are followed to ensure all relevant professionals are provided with timely reminders to meet relevant statutory requirements including but not limited to expiry of detention, renewal of detention, nearest relative, patient rights, consent to treatment due dates, referrals to the Mental Health Tribunal (MHT)/Hospital Managers etc.

 Organising transfers (section 19) to and from the Trust and ensuring that the relevant documentation accompanies the patients.

 To ensure existing administrative systems for the administration of the Act continue to support the needs of clinical staff and identify any improvements within the wider team.

 To maintain an effective and safe system for storage of all MHA section papers which meets the local requirements and ensure accessibility and archiving procedures are in place for the Trust.

 Dealing with queries from staff in relation to legal requirements for detained patients. Seeking advice and clarification on behalf of consultants and staff from the MHL Co-ordinator, MHL Manager, CQC and Trust Solicitor and recording same. Escalating queries to senior staff where required.

 To ensure inpatient wards and units are supplied with copies of detention papers, rights leaflets and general information relating to the Mental Health Act. Working with wards and unit to provide, improve and review their access to MHA information and promote key safeguards such as CQC visits, hearings and advocacy.

To ensure the Trust’s identified data systems are maintained, updated and quality checked on a weekly basis to feed into the Trust’s monitoring and reporting processes and enable statutory returns and local reports on the MHA activity.

 Involvement in the local Mental Health Law Forum to discuss a wide variety of issues, future objectives and developments, completing of agendas and minutes for this group, together with any relevant administrative duties.

 Involvement in the Trust's MHL Groups as required including minute taking and preparation of agenda papers etc.

 Involvement in the preparation of training material for staff on the legal requirements of the Mental Health Act 1983 and any other MHL legislation.

 Involvement in the co-ordination of Care Quality Commission visits by preparing the required data, programmes, notices, notifications and information for patients and relevant staff, undertaking feedback and relaying that feedback to the MHL Manager and Co-ordinator in a timely manner, ensuring all CQC data is kept up to date on the central recording systems and complying with all CQC statutory notifications within a timely manner.

 Assisting in the provision of statistical information and reports relating to detained patients for the Care Quality Commission, Department of Health and Hospital Managers and key staff, as and when required.

 Assisting in the monitoring/auditing process for sections, assessments, treatment orders etc. and taking part in the Trust's MHL audit programme as required.

 Keeping up to date with new legislation relating to the Mental Health Act, Mental Capacity Act and the implementation of new policies and procedures as required, attending courses as required.

 To support other members of the team when and where necessary including cross covering other boroughs as and when required during busy periods, periods of sickness and leave

 Contribute to the development of the relevant Trust policies, protocols and procedures.

 Manage local distribution lists and dissemination of relevant information including weekly ward views and MHL updates

 With support/direction from the MHL Co-ordinator deliver local training for example the receipt and scrutiny training to qualified nursing staff

 Contribute to incident reporting process including co-ordinating and completing Information Reports

 To manage existing databases, inputting local data and submitting monthly in support of the Trust’s performance activity.

 Patient Rights

To ensure, through the issue of standard letters and working with wards and teams, that detained patients are informed of the reasons of their detention in hospital or community section and are periodically advised of their rights in line with the Trust policy.

 To develop and maintain monitoring systems to ensure detained and patients subject to a Community Treatment Order are advised of their rights on a regular basis and as a minimum on those occasions outlined in the Trust policy.

 To assist patients with legal representation or advocacy advice, including the statutory advocacy service.

 To process any requests by Nearest Relatives requesting the discharge of their relative and to ensure statutory timescales are adhered to.

 To write to and provide the Nearest Relative with information regarding their relatives detention where appropriate and adhering to the Data Protection Act.

 Meeting with clients and/or their relatives and offering support and advice relating to their rights.

 Appeals / referrals to the Hospital Managers (HMs)– Section 23

 To ensure that all appeals to the HMs hearings are dealt with promptly and that all such requests are processed within the time limits specified by the Trust.

 To set up hearings by organising a panel of associate hospital managers, keeping a record of all requests and outcomes to allow monitoring by the Trust and the HMs’ Committee.

 To develop and maintain reminder system to ensure the Trust fulfils its commitment to organise automatic reviews for those patients whose detention has been renewed, including automatic referrals following the statutory time periods.

 To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentation is made available for the hearing and that care professionals remain complaint with Trust timescales.

 To book venues and ensure refreshments are arranged.

 Mental Health Tribunals (MHTs)

To ensure that all appeals to the MHTs are dealt with by the MHL Team and that all requests are processed within the statutory time limits. Escalating any issues in process through the agreed escalation framework for the Trust.

 To develop and maintain reminder systems to ensure that the Trust complies with the requirements of the Act in arranging automatic hearings and referrals for those patients who have not appealed against their detention within the appropriate timescales as identified in the MHA.

 To book venues and ensure refreshments are arranged.

 To negotiate with Trust staff, for reports, hearing dates and to confirm the necessary arrangements. This includes wider communication where there are any concerns in the Trust meetings its statutory obligations under the MHA and Tribunal Service Rules.

 To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentations is available and that the Trust is compliant with statutory timescales. If statutory timescales are not met, then be responsible for escalation to the MHL Co-ordinator.

 To work in an inclusive manner identifying any opportunity to improve the processes and increase patient involvement in the MHT.

 To work at all times within the confines of the Data Protection Act 1998 and the Trust's policies on confidentiality, ensuring a Safe Haven working environment.

 To safeguard at all times confidentiality of information relating to patients and staff.

 To abide by all relevant trust policies and procedures.

 To actively contribute to the Trust's commitment and policy surrounding anti-discriminatory practice.

 To prioritise workload to meet constantly changing demands.

 Any other duties as required by the Trust