Second opinion

• Asking for a second opinion
• Mental Health Act – second opinion appointed doctor

Asking for a second opinion

If your relative is unhappy, or not confident about a diagnosis or treatment plan, they can ask their GP or psychiatrist for a second (or further) opinion.

A family member can ask for a second opinion on behalf of their relative, but only if their relative has given them consent to do so.

There is no legal right to a second opinion, but a GP or psychiatrist will normally arrange for a referral to another psychiatrist if asked to do so.

If a request for a second opinion is refused, you can seek advice from the local Patient Advice and Liaison Service (known as PALS) about the best course of action to take. This will depend on individual circumstances. All NHS Trusts have a PALS – you can find out more about your local PALS by visiting the NHS Trust website or by visiting www.pals.nhs.uk where you can find your nearest office.

Rethink Mental Illness' advice and information service can also offer advice if a second opinion is refused. You can call on 0300 5000 927, Monday to Friday from 10am to 1pm, email advice@rethink.org or write to 89 Albert Embankment, London SE1 7TP.

Back to top

Mental Health Act – second opinion appointed doctor

In most circumstances, treatment can be given to people detained in hospital under the Mental Health Act without their agreement.

In some circumstances, some types of treatment have to be approved first of all by an independent doctor, called a second opinion appointed doctor (SOAD). These doctors check whether the proposed treatment is appropriate for an individual patient, and whether a patient’s opinion and rights have been properly considered.

The Care Quality Commission appoints psychiatrists to be SOADs and their role is to undertake a review of treatment on detained patients who lack capacity at that particular time, or who disagree with their treatment. See the Mental Health Act page.