Mental Health Law Assistant

Detailed job description and main responsibilities

Take responsibility in assisting the Mental Health Law Administrator to provide an efficient and effective administration of Mental Health legislation. Ensuring through the appropriate application of office standards, policies, procedures, protocols, checklists, associated Codes of Practice and the Reference Guide that the requirements of the Act are met and the interests of the patient are safeguarded. 

Assist in ensuring that patients are only detained as the Act allows; that their treatment and care accords fully with its provisions and that they are fully informed of, and are supported in exercising their statutory rights.

In the absence of the Mental Health Law Administrator, responsible for all Mental Health Law administration duties, including the co-ordination and processing of Mental Health Tribunals and all Hospital Managers reviews of detentions and appeals within their relevant timescales.

Be able to work autonomously under the direction of the MHL Administrator, taking responsibility for the prioritisation of own work tasks and schedules, ensuring high level attention to detail and accuracy throughout all work tasks undertaken.

Key responsibilities as Mental Health Law Assistant

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 under the direction of the MHL Administrator 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 under the direction of the MHL Administrator to other team/ward managers as required and within a timely manner.
To receive and administratively scrutinise all 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 Administrator/ 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 dates/expiries/legal requirements 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 across the required systems.
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 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.
To ensure there is an adequate supply of statutory and non-statutory paperwork and rights leaflets and to order supplies when necessary for staff

Dealing with general queries from staff in relation to detained patients. Taking details of legal queries for the Mental Health Law Administrator in their absence.

Assisting the Mental Health Law Administrator to co-ordinate the Care Quality Commission visits by preparing the required data, programmes, notices and information for patients and relevant staff.

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.

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

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

Manage local distribution lists and dissemination of relevant information including weekly ward views and MHL updates with support from the MHL Administrator.
Supporting the MHL Administrator with any necessary work required with the local MHL forums including assisting in and printing of agendas and taking minutes.

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 Tribunal (MHT)

To ensure that all appeals to the MHT 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 meeting 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 Administrator.

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 legislation 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

The job description is indicative of the duties required of the post and does not form part of the contract of employment. It may be the subject of review at any time following consultation with the post holder and the Mental Health Law Manager.

General Duties of all post holders

To undertake any other reasonable duty, which is appropriate to the band, when requested by Senior Staff

To be familiar with and comply with all Trust and departmental policies, procedures, protocols and guidelines

To be aware of and work towards the Trusts strategic goals