Job summary
We are seeking to appoint a 30 hour per week, permanent Senior Mental Capacity Act Officer.
We are looking for someone who is passionate about quality patient care, committed to delivering high quality training to clinical teams and willing to take part in development projects to improve and enhance practice. In return we offer you a role with real meaning.
This post is for someone who has an established history of working competently and confidently with the Mental Capacity Act/Deprivation of Liberty Safeguards, Mental Health Act and associated legislation.
The successful candidate must be able to demonstrate good understanding of how the above Acts work in daily practice in both mental health inpatient and community settings. They must have strong communication and presentation skills and the ability to present complex information in an easy to understand, accessible format, both in virtual and face to face delivery settings.
The postholder will be a key member of the Integrated Legal Team, working on projects with team colleagues. However the postholder must be self-motivated with the ability to work independently and reassess priorities on a continual basis.
An ability to travel to sites across Sussex is essential.
Main duties of the job
The main duties of the Senior MCA Officer are:
To provide guidance to staff to enable statutory compliance with the MCA.
To be responsible for the scheduling and delivery of Mental Capacity Act training in collaboration with the Legal Education Advisor.
To actively participate in MCA quality assurance work to support statutory compliance.
To deliver effective and efficient DoLS and CoP DoL administration processes. To undertake line management of the MCA Officer and MCA Administrator posts.
About us
The purpose of the Integrated Legal Team - Mental Capacity Act is to ensure statutory compliance. This is achieved in a variety of ways including provision of guidance, training, audit and robust administrative processes to support clinical application of Deprivation of Liberty Safeguards and deprivation of liberty in unregulated community settings. We sit within the wider Integrated Legal Team with other branches of the team ensuring compliance around the Mental Health Act, and legal compliance with Court functions.
Job description
Job responsibilities
- To enable staff to comply with the MCA through robust response to direct queries.
- To deliver effective administration of the DoLS ward referral and Court of Protection Deprivation of Liberty administration, providing cover when required to ensure continuity of service.
- To be accountable for completion of records for the administration of the Deprivation of Liberty Safeguards and Court of Protection requests are complete and updated in a timely way.
- To undertake line management of the MCA Officer and MCA Administrator posts.
- In line with the Integrated Legal Team training plan and in collaboration with the Legal Education Advisor, develop and deliver high quality relevant training and guidance for staff and partner organisations, as appropriate on application of the Mental Capacity Act, Deprivation of Liberty Safeguards and associated legislation. To maintain the suite of training presentations and archiving.
- To deliver targeted meaningful training.
- Maintain accurate training attendance and feedback records.
- Provide accurate, up to date and clear guidance to ensure Mental Capacity statutory compliance.
- Take responsibility for self-directed learning and development to maintain knowledge in mental capacity law, mental health law, associated guidance, regulation and case law.
- Support implementation of relevant legislative change.
- Undertake project work as agreed with the MCA Lead.
- Responsible for ordering items as required using the Trust ordering system.
- Undertake any other duties at the request of the line manager, commensurate with the role.
Job description
Job responsibilities
- To enable staff to comply with the MCA through robust response to direct queries.
- To deliver effective administration of the DoLS ward referral and Court of Protection Deprivation of Liberty administration, providing cover when required to ensure continuity of service.
- To be accountable for completion of records for the administration of the Deprivation of Liberty Safeguards and Court of Protection requests are complete and updated in a timely way.
- To undertake line management of the MCA Officer and MCA Administrator posts.
- In line with the Integrated Legal Team training plan and in collaboration with the Legal Education Advisor, develop and deliver high quality relevant training and guidance for staff and partner organisations, as appropriate on application of the Mental Capacity Act, Deprivation of Liberty Safeguards and associated legislation. To maintain the suite of training presentations and archiving.
- To deliver targeted meaningful training.
- Maintain accurate training attendance and feedback records.
- Provide accurate, up to date and clear guidance to ensure Mental Capacity statutory compliance.
- Take responsibility for self-directed learning and development to maintain knowledge in mental capacity law, mental health law, associated guidance, regulation and case law.
- Support implementation of relevant legislative change.
- Undertake project work as agreed with the MCA Lead.
- Responsible for ordering items as required using the Trust ordering system.
- Undertake any other duties at the request of the line manager, commensurate with the role.
Person Specification
KNOWLEDGE, TRAINING AND EXPERIENCE
Essential
- Mental Health Law and Practice Certificate (undergraduate Level 4) University of Northumbria or equivalent level of demonstrable knowledge and experience /training in Mental health law and willingness to complete Mental Health Law and Practice Certificate.
- City & Guilds Level 3 Education and Training qualification or willingness to complete. Specialist knowledge of key legislation: Mental Capacity Act 2005, Mental Health Act 1983 and how these interplay with each other and other relevant legislation.
- Must have excellent, coherent theoretical and practical knowledge of the Mental Capacity Act and deprivation of liberty, understand the complexities and ambiguities of the interface with the Mental Health Act, along with an ability to explain and discuss these with clinicians when considering patient specific queries
- Ability to respond to verbal or written query from clinical teams to review and determine if a patient is subject to arrangements that may be a deprivation of liberty (within the meaning of the MCA) requiring authorisation, and to know when an alternative legal framework (such as the MHA) may be appropriate. To use knowledge and experience to discuss and advise clinical teams as appropriate.
- Experience of delivering training to staff at all levels in both face-to-face settings and using virtual training platforms
- Experience of working in the health and social care sector, delivering MHA and MCA training and advice
- Up to date knowledge of the local and national agenda in relation to MCA and MHA issues
Person Specification
KNOWLEDGE, TRAINING AND EXPERIENCE
Essential
- Mental Health Law and Practice Certificate (undergraduate Level 4) University of Northumbria or equivalent level of demonstrable knowledge and experience /training in Mental health law and willingness to complete Mental Health Law and Practice Certificate.
- City & Guilds Level 3 Education and Training qualification or willingness to complete. Specialist knowledge of key legislation: Mental Capacity Act 2005, Mental Health Act 1983 and how these interplay with each other and other relevant legislation.
- Must have excellent, coherent theoretical and practical knowledge of the Mental Capacity Act and deprivation of liberty, understand the complexities and ambiguities of the interface with the Mental Health Act, along with an ability to explain and discuss these with clinicians when considering patient specific queries
- Ability to respond to verbal or written query from clinical teams to review and determine if a patient is subject to arrangements that may be a deprivation of liberty (within the meaning of the MCA) requiring authorisation, and to know when an alternative legal framework (such as the MHA) may be appropriate. To use knowledge and experience to discuss and advise clinical teams as appropriate.
- Experience of delivering training to staff at all levels in both face-to-face settings and using virtual training platforms
- Experience of working in the health and social care sector, delivering MHA and MCA training and advice
- Up to date knowledge of the local and national agenda in relation to MCA and MHA issues
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).
