Job summary
Mental Health Law Officer, Band 5
Permanent
Part Time: 30 hours per week
We are looking to recruit a dynamic, resourceful Mental Health Law Officer to work as part of the Trust's Mental Health Legislation Team. This post will be based at Pinewood House in Dartford, however there will be a requirement to work across the Trust.
Use of a car will be required.
Main duties of the job
The successful candidate will be responsible for maintaining the standards of Mental Health Legislation through monitoring of the Mental Health Act 1983. You must have a minimum of 3 years experience of working within Mental Health services and a working knowledge of the Mental Health Act 1983 and other related legislation.
Duties will include the receipt and scrutiny of section papers on behalf of the Trust, the provision of information to service users and carers, dealing with patient's hearings and liaison with other agencies such as the police, the probation service, the courts and any other external agencies, including voluntary agencies, and to develop good working relations with such agencies.
The post holder will need to have a good working knowledge of office procedures, an excellent standard of written and oral English, a good telephone manner and an understanding of the importance of confidentiality.
Use of a car will be required.
About us
Oxleas offers a wide range of NHS healthcare services to people living in South East London and Kent and to people in prison. Our services include community health care such as district nursing and speech and language therapy, care for people with learning disabilities and mental health care such as psychiatry, nursing and therapies. Our multidisciplinary teams look after people of all ages and we work in close partnership with other parts of the NHS, local councils and the voluntary sector and through our new provider collaboratives. Our 4,000 members of staff work in many different settings including hospitals, clinics, prisons, children's centres, schools and people's homes. We have over 125 sites in a variety of locations across the London Boroughs of Bexley, Bromley Greenwich and into Kent and manage hospital sites including Queen Mary's Hospital, Sidcup and Memorial Hospital in Woolwich as well as the Bracton Centre, our medium secure unit for people with mental health needs. We are one of the largest providers of prison health services providing healthcare to prisoners across Kent and South London. We are proud of the care we provide and our people.
Our purpose is to improve lives by providing the best possible care to our patients and their families. This is strengthened by our new values:
- We're Kind
- We're Fair
- We Listen
- We Care
Job description
Job responsibilities
Administration of the Mental Health Act 1983
- To be responsible for the receipt and scrutiny of section papers on behalf of the Trust.
- To ensure that section papers are legally acceptable and bring any irregularities or legal deficits to the attention of the Head of MH
- To ensure systems for timely notification of detention to all appropriate professionals and the patients nearest relative are effective and used.
- To provide support and legal advice to trust staff in the application of the Act and other relevant health.
- To monitor the operation of current reminder systems to ensure clinicians are provided with timely reminders for the expiry of section and of consent to treatment due.
- To ensure existing systems for the administration of the Act continue to support the needs of clinical staff and to set up new systems to meet local need.
- To maintain an effective and safe system of storage for the MHA section papers.
- To maintain a record of all patients placed on Community Treatment Orders and to monitor this section for any inappropriate use.
Patient Rights
- To ensure the systems in place to inform detained patients of the reasons for their detention on hospital and the use of Section 132 are adhered.
- To develop and maintain monitoring systems to ensure detained patients are advised of their rights on a regular basis and as a minimum on those occasions outlined in the Trust.
- To assist patients in seeking to find legal representation or advocacy.
- To monitor and keep under review the solicitors accessing patients and to report any areas of concern or bad
Hospital Managers
- To ensure that all appeals to the Hospital Managers are dealt with promptly and that all such requests are processed within the time limits specified by the Trust.
- To develop and monitor reminder systems to ensure the Trust fulfils its commitment to organise automatic reviews for those patients whose detention has been renewed.
- To respond to and advise Hospital Managers on any legal issues to ensure the smooth running of hearings.
- To refer any serious concerns or complaints to the Head of MH Legislation.
- To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentation is available and that care professionals remain compliant with Trust timescales.
- To chase up late reports and non-attendance at hearings with medical, nursing and team managers.
- To participate in Hospital Managers Committee meetings.
Mental Health Tribunals
- To ensure that all appeals to the Tribunal are dealt with promptly and that all requests are processed within the statutory time limits.
- To develop and monitor reminder systems to ensure that the Trust complies with the requirement of the Act in arranging automatic hearings for those patients who have not themselves appealed against their detention within the appropriate time scales.
- To negotiate with the Tribunal staff hearing dates and to confirm the necessary arrangements.
- To work closely with the Tribunal Complaints Manager to work through any concerns or issues.
- To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentation is available and that the Trust is compliant with statutory time scales.
Information & Statistics
- To assist with the preparation of information and statistics for the Hospital Managers the CQC and any other interested parties as required.
- To provide service reports as requested by local management and Service Head.
- To regularly maintain and update MHA information on the Trusts electronic care record.
- To contribute to the further development of the use of IT in the administration of the Act.
- To carry out local audits across the in-patient wards and where appropriate the CMH Teams.
- Collate and prepare information for judicial review proceedings and legal complaints.
Communication
- The post holder will be required to liaise with staff at all levels throughout the Trust in order to effectively carry out their duties.
- To work closely with Ward Managers to support and guide them in their application of the Act.
- To liaise with Hospital Managers, the Tribunal, patients representatives, solicitors, advocates, carers and patients Nearest Relative under the Act.
- To liaise with the Head of MH Legislation and or Trust solicitors to seek clarification on particular points of law.
- To liaise with the CQC with regard to patient focused visits and the booking of Second Opinion Doctors when required.
- To regularly communicate with the Ministry of Justice, Mental Health Unit, with regard the transfer and receipt of forensic patients.
- To liaise with other agencies such as the police, the probation service, the courts and any other external agencies, including voluntary agencies, and to develop good working relations with such agencies.
- To attend and contribute to local team meetings and represent the local service at external meetings where required.
Training
- To develop and deliver local MHA training e.g. junior doctors induction and bleep holder training.
- To participate in the provision and development of Trust wide MHA training.
- To work with other external agencies such as the Local Authority, Acute Trusts and the Police to deliver training events.
- To identify any local gaps in training needs using intelligent information sources.
Job description
Job responsibilities
Administration of the Mental Health Act 1983
- To be responsible for the receipt and scrutiny of section papers on behalf of the Trust.
- To ensure that section papers are legally acceptable and bring any irregularities or legal deficits to the attention of the Head of MH
- To ensure systems for timely notification of detention to all appropriate professionals and the patients nearest relative are effective and used.
- To provide support and legal advice to trust staff in the application of the Act and other relevant health.
- To monitor the operation of current reminder systems to ensure clinicians are provided with timely reminders for the expiry of section and of consent to treatment due.
- To ensure existing systems for the administration of the Act continue to support the needs of clinical staff and to set up new systems to meet local need.
- To maintain an effective and safe system of storage for the MHA section papers.
- To maintain a record of all patients placed on Community Treatment Orders and to monitor this section for any inappropriate use.
Patient Rights
- To ensure the systems in place to inform detained patients of the reasons for their detention on hospital and the use of Section 132 are adhered.
- To develop and maintain monitoring systems to ensure detained patients are advised of their rights on a regular basis and as a minimum on those occasions outlined in the Trust.
- To assist patients in seeking to find legal representation or advocacy.
- To monitor and keep under review the solicitors accessing patients and to report any areas of concern or bad
Hospital Managers
- To ensure that all appeals to the Hospital Managers are dealt with promptly and that all such requests are processed within the time limits specified by the Trust.
- To develop and monitor reminder systems to ensure the Trust fulfils its commitment to organise automatic reviews for those patients whose detention has been renewed.
- To respond to and advise Hospital Managers on any legal issues to ensure the smooth running of hearings.
- To refer any serious concerns or complaints to the Head of MH Legislation.
- To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentation is available and that care professionals remain compliant with Trust timescales.
- To chase up late reports and non-attendance at hearings with medical, nursing and team managers.
- To participate in Hospital Managers Committee meetings.
Mental Health Tribunals
- To ensure that all appeals to the Tribunal are dealt with promptly and that all requests are processed within the statutory time limits.
- To develop and monitor reminder systems to ensure that the Trust complies with the requirement of the Act in arranging automatic hearings for those patients who have not themselves appealed against their detention within the appropriate time scales.
- To negotiate with the Tribunal staff hearing dates and to confirm the necessary arrangements.
- To work closely with the Tribunal Complaints Manager to work through any concerns or issues.
- To liaise with relevant care professionals, solicitors, advocates and relatives to ensure that the required reports, information and documentation is available and that the Trust is compliant with statutory time scales.
Information & Statistics
- To assist with the preparation of information and statistics for the Hospital Managers the CQC and any other interested parties as required.
- To provide service reports as requested by local management and Service Head.
- To regularly maintain and update MHA information on the Trusts electronic care record.
- To contribute to the further development of the use of IT in the administration of the Act.
- To carry out local audits across the in-patient wards and where appropriate the CMH Teams.
- Collate and prepare information for judicial review proceedings and legal complaints.
Communication
- The post holder will be required to liaise with staff at all levels throughout the Trust in order to effectively carry out their duties.
- To work closely with Ward Managers to support and guide them in their application of the Act.
- To liaise with Hospital Managers, the Tribunal, patients representatives, solicitors, advocates, carers and patients Nearest Relative under the Act.
- To liaise with the Head of MH Legislation and or Trust solicitors to seek clarification on particular points of law.
- To liaise with the CQC with regard to patient focused visits and the booking of Second Opinion Doctors when required.
- To regularly communicate with the Ministry of Justice, Mental Health Unit, with regard the transfer and receipt of forensic patients.
- To liaise with other agencies such as the police, the probation service, the courts and any other external agencies, including voluntary agencies, and to develop good working relations with such agencies.
- To attend and contribute to local team meetings and represent the local service at external meetings where required.
Training
- To develop and deliver local MHA training e.g. junior doctors induction and bleep holder training.
- To participate in the provision and development of Trust wide MHA training.
- To work with other external agencies such as the Local Authority, Acute Trusts and the Police to deliver training events.
- To identify any local gaps in training needs using intelligent information sources.
Person Specification
Education
Essential
- Maths & English GCSE/O Level
Desirable
- Certificate in mental health law
Other
Essential
- Valid UK driving licence and use of a car during working hours
Experience
Essential
- Minimum 3 years working in mental health services or minimum 1 year in MHA administration within the NHS
- Ability to prioritise own workload
Desirable
- Experience of working closely with service users
Skills/Abilities/Knowledge
Essential
- Current working knowledge of the MHA 1983
- Excellent oral and written communication skills
- Ability to work effectively under pressure
- Proficient in the use of MS Office
Desirable
- A commitment and enthusiasm to the responsibilities of the role
Person Specification
Education
Essential
- Maths & English GCSE/O Level
Desirable
- Certificate in mental health law
Other
Essential
- Valid UK driving licence and use of a car during working hours
Experience
Essential
- Minimum 3 years working in mental health services or minimum 1 year in MHA administration within the NHS
- Ability to prioritise own workload
Desirable
- Experience of working closely with service users
Skills/Abilities/Knowledge
Essential
- Current working knowledge of the MHA 1983
- Excellent oral and written communication skills
- Ability to work effectively under pressure
- Proficient in the use of MS Office
Desirable
- A commitment and enthusiasm to the responsibilities of the role
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.
Applications from job seekers who require current Skilled worker sponsorship to work in the UK are welcome and will be considered alongside all other applications. For further information visit the UK Visas and Immigration website (Opens in a new tab).
From 6 April 2017, skilled worker applicants, applying for entry clearance into the UK, have had to present a criminal record certificate from each country they have resided continuously or cumulatively for 12 months or more in the past 10 years. Adult dependants (over 18 years old) are also subject to this requirement. Guidance can be found here Criminal records checks for overseas applicants (Opens in a new tab).
Additional information
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.
Applications from job seekers who require current Skilled worker sponsorship to work in the UK are welcome and will be considered alongside all other applications. For further information visit the UK Visas and Immigration website (Opens in a new tab).
From 6 April 2017, skilled worker applicants, applying for entry clearance into the UK, have had to present a criminal record certificate from each country they have resided continuously or cumulatively for 12 months or more in the past 10 years. Adult dependants (over 18 years old) are also subject to this requirement. Guidance can be found here Criminal records checks for overseas applicants (Opens in a new tab).
