Mental Health Law Administrator

Legal Documentation: Receive, scrutinise and sign detention documentation on behalf of the Hospital Managers (the Mental Health Act Managers). Admissions: Preparation and processing of admissions. Coordinate the admission of patients, liaising with internal and external agencies, remaining mindful of security issues (including high profile and politically sensitive patients). If being admitted from prison, liaise with prison staff to ensure they arrange for medical recommendations to be completed and sent to the MOJ for the relevant Transfer Direction to be issued.

Ensure that correct legal documentation is received prior to admission and scrutinise for accuracy in accordance with Mental Health Act requirements. Should any irregularity be found, liaise with Court, Ministry of Justice or previous establishment as appropriate, in order to rectify error(s) which could invalidate patients detention. To be responsible for the creation of patient records, both computer based and hard copy, by extracting information from case notes which can be of a graphic and distressing nature. Compile department files for new patient.

To attend the admissions ward and meet with the patient within 1 hour of arrival and ensure that he receives a verbal explanation as to his detention, written copy of his rights and information about the hospital and CQC. Check patient legal status and offence in relation to victims, as per the Domestic Violence, Crimes and Victims Act 2004 (as amended by the Mental Health Act 2007) notify RC and take appropriate administrative action. Contact Ministry of Justice Lifer Unit for tariff details where appropriate. Responsible for completing a DWP claim form on behalf of newly admitted patients.

Notify MAPPA of all relevant admissions to High Secure Services. Input Index Offence into the computer database ensuring the correct codes are used for each conviction. If the correct code is not there arrange for the computer database to be updated and the code added. Ensure accuracy of all relevant information on computer database and notify all departments and external agencies of admissions, as well as relatives, if appropriate.

Court appearances: Liaise with consultants, security, wards and courts regarding remand and sentenced patients, ensuring that legal timescales are met, coordinate arrangements for patients to attend court or appear by video link when required to do so. Request the necessary psychiatric reports and ensure they have been completed and received by the court. Also ensure that when necessary a bed offer letter is also received by the court. Following the hearing, chase up the outcome.

Ensure prompt receipt of and check any legal documentation issued and take appropriate action if found to be incorrect. Arrange for patient to be given new rights under the Mental Health Act 1983 following outcome from court Trial leave/transfer/discharge: Having been informed by the consultants PA or the proposed placement that a bed is available, arrange date for move. Copy legal documentation and select and copy comprehensive set of reports from file to accompany patient. Notify internal and external agencies as appropriate and enter details on computer database.

Inform relatives (if patient consents). For patients on trial leave, check on regular basis with receiving unit for any change of circumstances (eg Tribunal status, recommendation for full transfer). Ensure timely receipt of MoJ/Consultants consent to extension of leave/transfer and organise completion of appropriate statutory documentation. To administer any Section 19 transfers and ensure that they are processed in accordance with current legislation and all original legal documents are prepared and sent to receiving establishment.

On discharge, ensure that legal documentation is correctly completed before patient leaves hospital. Deaths: In the event of a patients death, work with the Legal Management Team. Arrange for RC to complete form and notify CQC of patients death within required timescales. Mental Health Tribunals: Leads on and coordinates patients applications to the First Tier Tribunal.

Run a report each month from patient database and when a referral is due either contact the MOJ for them to refer the patient or refer the patient to the Tribunal on behalf of the hospital managers. Responsible from receipt of application and checking validity of same, requesting reports within the legal timescales, to the hearing and receipt of the Tribunals decision. Liaise with internal and external agencies should legal advice be required concerning any queries arising from the application or hearing. Hospital Managers Hearings: On receipt of request for a Hospital Managers Hearing arrange for appropriate reports to be submitted, liaise with RC, SW and Nurse to arrange the date and location of hearing.

Provide advice and support if required to the Chairperson before and during the hearing. Remain contactable during the hearing should the Chairperson or the Hospital Managers require guidance on legal or administrative matters. After the hearing, receive, check and process with Trust and statutory forms. Consent to Treatment/Second Opinions: Monitor and coordinate all aspects of consent to treatment adhering to legislation and statutory timescales at all times.

(Part IV of Mental Health Act 1983 (as amended by MHA 2015), Code of Practice) Receive, check and input information from the Approved Clinician in charge of treatment and Second Opinion Appointed Doctors (SOADs) under Part 4 of the Mental Health Act (Consent and Treatment). Co-ordinate requests, arrange and plan regular SOAD visits, ensuring everyone is available to speak to the SOAD on the day of the visit. Remain contactable during visits should guidance or advice on legal or administrative matters be required. Bring to the attention of RC, SOAD and CQC any inaccuracies found and request amendment.

Monitor time limited Forms T3. Renewal/Review of detention: Produce reminders to RCs for renewal of detention reports (H5). Ensure timely receipt and check for accuracy, returning to RC for amendment if necessary. Ensure patients files contain up-to-date information to assist Hospital Managers.

Complete computer database and other follow-up work following receipt of renewals/annual statutory reports to ensure reminders are generated for the following renewal/annual statutory report. Legal and administrative changes: These mainly relate to change of patients section under the Mental Health Act, change of other legal circumstances, change of name or nearest relatives details. If statutory documents are found to be flawed or if completion of a new section is required the post holder will lead on all the necessary arrangements for patient to be re-sectioned taking the appropriate action to ensure that the patient is lawfully detained. Liaise with the RC and if necessary inform RC they must see the patient immediately to complete relevant paper work.

Arrange for an Approved Mental Health Professional (AMHP) from the relevant social services and external doctor to visit the patient. Ensure all statutory detention documentation have been completed correctly and within the relevant timescales. Scrutinise, sign and accept new section papers on behalf of the Hospital Managers. Arrange for new rights to be given to the patient to comply with the Mental Health Act 1983, Code of Practice and also the Care Quality Commission.

Produce and dispatch letters/notices to patients, relatives and other departments and agencies as appropriate. Record details on computer database. OTHER TASKS Conviction History: Contact the Ministry of Justice for full conviction history of all new admissions. On receipt of same enter it into the computer database ensuring the correct codes are used for each conviction.

If the correct code is not there arrange for the computer database to be updated and the code added. Legal Visits: Maintain appointments diary for all solicitors and health professional; visitors to the hospital, liaising with ward staff and professionals to ensure that all security considerations are maintained. Audit: Carry out audit of legal documents in other units within Mersey Care NHS Trust. Carry out monthly audits of Mental Health Tribunal referrals, Leave of Absence expiries and Expected Release Date expiries.

Dealing with enquiries: Using discretion with regard to patient confidentiality, provide information on request to other disciplines and outside agencies, including solicitors, on matters relating to the Mental Health Act and other patient issues. Cover: Provide guidance to other grades on any queries which may arise. Provide cover for colleagues. Health and Safety: Within the secure area responsible for personal safety , work area and security of keys etc.

To attend annual mandatory training in C&R techniques, security updates and any other areas deemed necessary. Participate in ad hoc project work: This could be in relation to development or improvement of departmental and hospital policies, records or practice audit, etc. Any other duties relevant to the nature and grading of the post.