Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, if she will make it her policy to enable second opinions in mental health settings.

The second opinion appointed doctor (SOAD) service safeguards the rights of patients subject to the Mental Health Act in specific circumstances. A SOAD is an independent doctor appointed by the Care Quality Commission, who gives a second opinion on whether certain types of medical treatment for a mental disorder should be given without the patient’s consent. SOADs are consulted in certain circumstances when a patient refuses treatment, or is too ill or otherwise incapable of giving consent. Outside of these specific circumstances, if an individual disagrees with their doctor about a mental health diagnosis or treatment, they can ask for a second opinion, although there is no legal right to one.

Good Medical Practice, from the General Medical Council (GMC), sets out the standards of care and behaviour expected of all medical doctors practising in the United Kingdom. It states that doctors must recognise a patient’s right to choose whether to accept their advice, and respect a patient’s right to seek a second opinion. The GMC is an independent regulator, and is responsible for operational maters including any assessment of its policies and guidance. Managing second opinion requests is the responsibility of local National Health Service organisations.