Mental Capacity Act Adviser

South West London and St Georges Mental Health NHS Trust

Information:

This job is now closed

Job summary

Team & CultureJoin theMental Health Law Office, a dedicated administrative team driving legal compliance across the Trust. Reporting to the Mental Health Law Manager, you'll work closely with consultants, social workers, and frontline staff to embed best practices in mental capacity assessments and care planning. Our collaborative, supportive environment values innovation, integrity, and continuous learning.

Join South West London and St George's Mental Health NHS Trust as aMental Capacity Act (MCA) Adviserand play a pivotal role in safeguarding patient rights and ensuring legal compliance across our services. This dynamic, part-time role (22.5 hours/week - fixed term until 31/01/2027 with potential extension) offers the opportunity to shape Trust-wide practices, lead training initiatives, and influence policy development in line with the MCA, DoLS, and Gillick Competence. You'll work together with senior leaders, clinicians, and external partners to drive excellence in mental health law governance, ensuring our care is in line with the highest ethical and legal standards.

Main duties of the job

As our MCA Adviser, you will:

  • Provide expert guidance on complex MCA/DoLS cases, supporting staff in lawful decision-making.
  • Design and deliver training programmes to enhance compliance and best practice.
  • Lead audits, policy reviews, and governance reporting to ensure Trust-wide adherence to legislation.
  • Act as a key liaison for Court of Protection cases and external agencies, including the CQC and local authorities.
  • Drive service improvements through data analysis, risk management, and collaborative projects.

Skills & QualitiesWe seek a proactive professional with:

  • In-depth knowledge of the MCA, DoLS, and Gillick Competence.
  • Experience in training, policy development, or legal compliance within healthcare.
  • Strong communication skills to engage staff at all levels and resolve complex cases sensitively.
  • A passion for advocacy and person-centred care.

About us

We are Proud to Belong at South West London and St George's Mental Health NHS Trust.

We have expert services, a rich history and a clear commitment to providing the best quality care for those with mental ill-health. The Care Quality Commission already rates our services as 'good' - we aspire to be 'outstanding'.

This is a great time to join us. We are transforming the way we care for our communities to support our mission of Making Life Better Together. We have built two brand new mental health facilities at Springfield University Hospital, which are amongst the best in the world. More developments are planned across our sites and services.

We are inclusive and diverse and strive to be actively anti racist. We want to attract people from all backgrounds and experiences to enrich the work we do together. We are proud to co-produce and involve our local communities in all that we do.

We offer flexible working, career development and a variety ofbenefits to enable a positive, welcoming environment in which our people and their careers can thrive.

About our locations:

  • Springfield Hospital, Tooting: Our main site offers easy access via the Northern Line (Tooting Bec Station) and vibrant local amenities. Subsidised parking is available.

Date posted

10 March 2025

Pay scheme

Agenda for change

Band

Band 6

Salary

£26,883 to £31,880 a year per annum inclusive of Inner London HCAs

Contract

Fixed term

Duration

2 years

Working pattern

Part-time

Reference number

294-CORP-7057313-FZ

Job locations

Springfield Hospital

Tooting

SW17 0YG


Job description

Job responsibilities

Overview of Main Responsibilities

The post holder will be responsible for overseeing the administration of the MCA and DOLS across the Trust ensuring compliance with the Act and Code of Practice in relation to the Act.

To work closely with the MH & MC Law Lead Consultant to support credible and visible leadership of MCA/DOLS across the Trust and to external agencies.

To maintain close working relationships with all clinicians across the Service Lines to support the implementation of the Act and ensure that best practice is maintained throughout the Trust.

To develop changed processes to meet the requirements of changes to the MCA & Code.

To undertake a training needs analysis and provide MCA training for front line staff and undertake case reviews as a means of assisting clinical staff to establish the best way to approach complex cases providing more intensive support and expertise.

To participate in audits and monitor standards to ensure effective and consistent application of MCA across the Service Lines.

To contribute to development and maintenance of MCA related policies, guidance and protocols. Providing good quality recording and contributions to relevant reports including the quarterly & annual MH Law Reports under guidance of MH Law Manager.

To participate in regular supervision, professional development and appraisal in order to maintain relevant skills and knowledge.

To highlight any identified or potential legal risks to the Trust and raise these with the Trust MHLO Manager to agree an acceptable way forward.

To establish improved governance structures for MCA, DOLs reporting into Mental Health Law Governance Group (MHLGG) onto Board.

  • To represent SWLStG at any relevant national or regional meetings and networks in relation to the MCA and DOLS.
  • To assist the development of operational administrative systems to support the implementation of the Act and improved quality of record keeping.

Job description

Job responsibilities

Overview of Main Responsibilities

The post holder will be responsible for overseeing the administration of the MCA and DOLS across the Trust ensuring compliance with the Act and Code of Practice in relation to the Act.

To work closely with the MH & MC Law Lead Consultant to support credible and visible leadership of MCA/DOLS across the Trust and to external agencies.

To maintain close working relationships with all clinicians across the Service Lines to support the implementation of the Act and ensure that best practice is maintained throughout the Trust.

To develop changed processes to meet the requirements of changes to the MCA & Code.

To undertake a training needs analysis and provide MCA training for front line staff and undertake case reviews as a means of assisting clinical staff to establish the best way to approach complex cases providing more intensive support and expertise.

To participate in audits and monitor standards to ensure effective and consistent application of MCA across the Service Lines.

To contribute to development and maintenance of MCA related policies, guidance and protocols. Providing good quality recording and contributions to relevant reports including the quarterly & annual MH Law Reports under guidance of MH Law Manager.

To participate in regular supervision, professional development and appraisal in order to maintain relevant skills and knowledge.

To highlight any identified or potential legal risks to the Trust and raise these with the Trust MHLO Manager to agree an acceptable way forward.

To establish improved governance structures for MCA, DOLs reporting into Mental Health Law Governance Group (MHLGG) onto Board.

  • To represent SWLStG at any relevant national or regional meetings and networks in relation to the MCA and DOLS.
  • To assist the development of operational administrative systems to support the implementation of the Act and improved quality of record keeping.

Person Specification

Training & Qualifications

Essential

  • Educated to degree level in relevant discipline e.g. Registered social work qualification, RGN, RMN, OT OR oEducated to degree level with relevant demonstrable specific MCA experience

Desirable

  • Current professional registration in relevant clinical subject/practice e.g. RMN, OT, Social Work
  • Evidence of continuing professional and personal development Professional management or leadership qualification
  • Post qualifying award such as BIA or AMHP

Experience

Essential

  • Demonstrable post registration experience of working in a role involving considerable application of Mental Capacity Act
  • Experience of leading on mental capacity matters in a service or team
  • Experience directly or in assisting role of developing and delivering teaching and training courses
  • Experience of managing or significantly contributing to the delivery of change projects
  • Experience of working independently and as part of a team
  • Experience of writing reports, accurate record keeping & administration
  • Experience of working with complex MCA matters or application of DoLS
  • Experience of contributing to policy development & to policy development & implementation
  • Experience of involvement in relevant audit projects
  • Experience of organization and minuting of meetings
  • Experience of compilation of statistical data

Desirable

  • Experience of working in Mental Health setting within the NHS
  • Experience of project management
  • Experience in DoLS procedure or assessments
Person Specification

Training & Qualifications

Essential

  • Educated to degree level in relevant discipline e.g. Registered social work qualification, RGN, RMN, OT OR oEducated to degree level with relevant demonstrable specific MCA experience

Desirable

  • Current professional registration in relevant clinical subject/practice e.g. RMN, OT, Social Work
  • Evidence of continuing professional and personal development Professional management or leadership qualification
  • Post qualifying award such as BIA or AMHP

Experience

Essential

  • Demonstrable post registration experience of working in a role involving considerable application of Mental Capacity Act
  • Experience of leading on mental capacity matters in a service or team
  • Experience directly or in assisting role of developing and delivering teaching and training courses
  • Experience of managing or significantly contributing to the delivery of change projects
  • Experience of working independently and as part of a team
  • Experience of writing reports, accurate record keeping & administration
  • Experience of working with complex MCA matters or application of DoLS
  • Experience of contributing to policy development & to policy development & implementation
  • Experience of involvement in relevant audit projects
  • Experience of organization and minuting of meetings
  • Experience of compilation of statistical data

Desirable

  • Experience of working in Mental Health setting within the NHS
  • Experience of project management
  • Experience in DoLS procedure or assessments

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.

Certificate of Sponsorship

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).

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

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.

Certificate of Sponsorship

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).

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

Employer details

Employer name

South West London and St Georges Mental Health NHS Trust

Address

Springfield Hospital

Tooting

SW17 0YG


Employer's website

https://www.swlstg.nhs.uk/ (Opens in a new tab)


Employer details

Employer name

South West London and St Georges Mental Health NHS Trust

Address

Springfield Hospital

Tooting

SW17 0YG


Employer's website

https://www.swlstg.nhs.uk/ (Opens in a new tab)


For questions about the job, contact:

Mental Health Law Manager

Tom Lelmezh

tom.lelmezh@swlstg.nhs.uk

Date posted

10 March 2025

Pay scheme

Agenda for change

Band

Band 6

Salary

£26,883 to £31,880 a year per annum inclusive of Inner London HCAs

Contract

Fixed term

Duration

2 years

Working pattern

Part-time

Reference number

294-CORP-7057313-FZ

Job locations

Springfield Hospital

Tooting

SW17 0YG


Supporting documents

Privacy notice

South West London and St Georges Mental Health NHS Trust's privacy notice (opens in a new tab)