Deputy MHA and Legal Services Manager

Deputy MHA and Legal Services Manager

NHS AfC: Band 6

Main areaMental Health Act, Legal ServicesGradeNHS AfC: Band 6ContractFixed term: months (Could possibly be extended to months)HoursFull timeJob ref-COR-7- SiteKingswayTownDerbyshireSalaryDependant on experienceClosing//4 :

Want to make a real difference and have a truly rewarding career? Join 'Team Derbyshire Healthcare' and become part of a talented, compassionate and enthusiastic workforce committed to a vision of ‘making a positive difference in people's lives’.

We’ve been rated ‘good’ overall by the CQC, with some outstanding services. The CQC commented at our most recent inspection on how our colleagues “treated patients with compassion and kindness” and “felt positive and proud about working for the trust.

We are passionate about making equality, diversity and inclusion part of our DNA. We take pride in our “People First Culture” which creates a workplace where everyone feels a genuine sense of belonging, difference is celebrated, and people are comfortable to bring their whole selves to work. We value the richness that comes from having colleagues that are fully representative of the local community. We welcome people who identify as Black, Asian or from a Minority Ethnic background, protected characteristics, and with all backgrounds and experiences.

Job overview

Job Title: Deputy Mental Health Act and Legal Services Manager

Pay Band: Band 6

Reports to (Title): Mental Health Act Manager

Accountable to (Title): Assistant Director of Legal, Governance and Mental Health Legislation

Location/Site/Base: Kingsway House, Derby, DE 3LZ with hybrid working an option.

Main duties of the job

To act as the Team Leader for the Mental Health Act Office, taking responsibility for the day to day running of the department and deputizing in the absence of the MHA Manager. To assist the MHA Manager with the delivery of high-quality training and technical reports for various internal committees.

To provide an effective and dynamic advisory function to Trust colleagues and external stakeholders on coronial and mental health legislation matters.

To assist with the effective functioning of the Legal Services Department including, but not limited to, Inquests, Claims and Court of Protection matters.

Working for our organisation

The service is of a dynamic and responsive nature providing bespoke MHA and legal advice to the Trust and its employees. Competing demands and the frequent urgent nature of requests require the service to be agile under pressure whilst demonstrating empathetic responses and support to colleagues.

The core function of the department and this role provides assurance to the Trust in respect of minimum standards of compliance with various statutory responsibilities

Detailed job description and main responsibilities

Mental Health Legislation / Mental Health Act Office

·Provide line management and supervision to members of the Office.

·To receive and scrutinise legal documents / statutory forms, checking the legality for accuracy and compliance with the MHA, ensuring lawful detention.

·Act on behalf of the Hospital Managers (the Trust) regarding all delegated duties as defined in the Mental Health Act 3 and Code of Practice.

·To be responsible for maintaining standard operating procedures and policies for all workstreams carried out by theteam.

·Review, analyse and respond to complex and legal queries escalated by other team members. This will require taking detailed and accurate instructions from Trust colleagues at all levels, often with no notice while balancing other competing priorities, being able to identify complex issues quickly whilst extracting relevant information. The subsequent provision of effectivelegaladvicecommensuratewiththispostwillrequirereferencetorelevantlegislation and Trust policies and the ability to set out clear instructions and guidance for Trust colleagues to follow, particularly the Mental Health Act3 and Mental Capacity Act 5.

·To provide high level, focused training on Mental Health Act and Mental Capacity Act and updates to Trust staff of all levels. Maintain up to date and relevant training packages as part of the widerteam.

·To maintain a robust administrative process for monitoring and recording the use of Deprivation of Liberty Safeguards (including Court orders for / years old).

·To cross cover for colleagues who are responsible for SLA’s and deputise for the MHA Manager as the need arises.

·To assist with the development of guidance and procedures relating to the Mental Capacity Act.

·To undertake investigations in respect of breaches of the Mental Health Act to develop learning and, where appropriate, assist with implementing that learning

Legal Department

·Autonomously manage a small caseload of Inquests. This willrequire:

oeffective communication of evidence and statements to all relevant parties within strict legaltimescales

oacting as intermediary between clinical staff and the Coroner’sOffice

onegotiating deadlines with theCoroner

oindependently identifying the need for and applying for inquest funding, liaising with the Communication Team and the Patient experience Team as the need arises

oindependently identify the reputational and legal risks of a specific matter

oattending Inquests to support witnesses, observe proceedings and independently represent theTrust

ocollate and escalate matters of shared learning to the Assistant Director of Legal, Governance and Mental Health Legislation

·Independently manage a caseload of claims against the Trust. This includes reporting each claimbyworkinginconjunctionwithNHSR,identifyingcollatingrelevantevidenceheldby the Trust, taking statements from Trust staff to assist with progression of each claim, to liaise with the NHSR and panel Solicitors on the progress of each claim.

General

·To provide direct support to the Mental Health Act Manager and Assistant Director of Legal, Governance and Mental Health Legislation on ad hoc matters as related to the role and the department.

·To maintain and continually update an extensive knowledge of relevant caselaw and legislation as related to the role including Mental Health Act 3, Mental Capacity Act 5, Coroners and Justice Act 9.

·To report to the MHA Manager and Safeguarding Team any concerns as they arise about the rights of patients.

·Collate manipulate and compile statistical data as required by the department.

·Assist with the production and updating of Trust policies and procedures in relation to the department.

·Work flexibly within the department to ensure the workload pressures and absences due to annual leave are dealt with appropriately by using available resources and travelling to other sites.

·To undertake any other duties that may reasonably be required of this post.

Thislistisnotexhaustive;aslegislationandthehealthcarelandscapecontinuestoevolveand develop, the role of the service will also develop and impact the roles within it. This will require a resilient, creative, flexible and adaptive approach to ensure that reasonable duties commensurate with the post areundertaken

Person specification

Degree or Diploma in Mental Health Law

Essential criteria

Experience of working within an MHA Office (or within a legal department) for a minimum of 4 years. Proven track record of advising on matters relating to the Mental Health Act and Mental Capacity Act. Managing a team (ideally across multiple sites): •Delegating and supervising work to a high standard. Accurate recording of complex information under pressure. Dealing with challenging people and circumstances Developing, implementing and maintaining manual and electronic databases, filing/administrative and recording systems to a high standard. Communication at all levels of an NHS organisation. Ability to work under high pressure and always deliver high quality work to tight deadlines. Working on plans and projects to implement new legislative changes in departments. Presenting opinions and views in a persuasive manner.

Desirable criteria

Proven in depth knowledge of Mental Health Act, Mental Capacity Act and DoLS Strong leadership skills Computer skills: Good working knowledge of Word, Excel, Powerpoint and Outlook. Taking detailed witness statements or facts Ability to draft documents to a high standard under minimal supervision Highly organized Ability to re-prioritise workload in an environment when deadlines and focus can change regularly Communicate and deliver information effectively and concisely Ability to produce and deliver training packages on a variety of topics

Legal qualification

Essential criteria

Legal qualification Diploma in Mental Health Law

Further details / informal visits contact

NameAndrew CoburnJob titleAsst Dir Legal, Gov and MH LegislationEmail numberAdditional information

If Andrew Coburn is not available, please contact either 

Christine Henson, MHA Manager on or

Annah Swinscoe-Daniels, PA on

If you have problems applying, contact

Address Recruitment Team
Derbyshire Healthcare NHS Foundation Trust
1st Floor Kingsway House (Entrance D)
Kingsway
Derby
DE 3LZ
Telephone / , option 1, option 1 (please note, my normal working days are Mon, Tue, Wed)

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