§ Dr. Evan HarrisTo ask the Secretary of State for Health if he will make a statement on the role of second opinion appointed doctors under the Mental Health Act 1983. [72135]
§ Jacqui SmithThe role of the second opinion appointed doctor (SOAD) is to provide an additional safeguard to patient's rights. The Mental Health Act 1983 under Section 58 provides that certain forms of medical treatment for mental disorder1 require either the patient's consent or a second opinion. In the absence of the patient's consent, and if the treatment falls within the provisions of Section 58, the doctor in charge of the patient's treatment will request a second opinion to certify the treatment proposed.
The SOAD must decide whether the patient is in fact refusing the treatment or incapable of making a decision on it and whether the treatment should be given. The SOAD acts as an individual and must come to his or her own independent opinion as to whether or not the treatment is a reasonable one.
In order to form his or her own opinion the SOAD is statutorily obliged to consult with a nurse and another non-nursing/medical professional, both of whom have been professionally concerned with the patient's medical treatment. The SOAD should also interview the patient in private and the doctor in charge of the treatment as well as considering the medical notes and statutory detention documents.
1Section 58 relates to the administration of the following forms of treatment in the absence of consent: Electro-Convulsive Therapy at any time; and Medication for mental disorder if three months or more have elapsed since the first administration of medication.
§ Dr. Evan HarrisTo ask the Secretary of State for Health what fees and allowances are paid to second opinion appointed doctors under the Mental Health Act 1983 in April of each year since 1990. [72132]
§ Jacqui SmithThe table indicates the fee, subsistence and mileage rates in April of each year. Blank entries are where information is not known at present.
375W
Year Fees 5–10 Hours Subsistence 10–12 Hours Over 12 Hours Mileage Rate 1995 £95.50 £4.75 £10.00 £14.75 £0.30 1996 £96.60 £4.75 £10.00 £14.75 £0.30 1997 £96.60 £4.75 £10.00 £14.75 £0.30 1998 £99.25 £4.75 £10.00 £14.75 £0.30 1999 £99.25 £4.75 £10.00 £14.75 £0.30 2000 £102.50 £5.00 £10.00 £15.00 £0.30 2001 £102.50 £5.00 £10.00 £15.00 £0.30 2002 £102.50 £5.00 £10.00 £15.00 £0.30
§ Dr. Evan HarrisTo ask the Secretary of State for Health how many doctors are required by the Mental Health Act Commission to act as second opinion appointed doctors under the Mental Health Act 1983; and how many are in such posts. [72133]
§ Jacqui SmithAt present the Commission arranges approximately 9,000 second opinions per year and aims to offer second opinion appointed doctors (SOADs) approximately 50 opinions each per year. This equates to a panel size of 180.
At present there are 156 SOADs, compared to 172 at this time last year. The panel size is expected to increase as a result of a forthcoming recruitment exercise. The Commission is also planning to undertake an exercise to consider its current establishment against the number of second opinions requested from each hospital and unit. This will enable the Commission to "weight" each hospital and recruit accordingly.