I wanted to look further at the situation of access to second opinions, which the Secretary of State said would be improved by the draft bill. Certain treatments require the involvement of Second Opinion Approved Doctors (SOADs) appointed by the Care Quality Commission (CQC). If a patient is not consenting to treatment, SOADs currently merely have to certify that it is appropriate that the recommended treatment is given. Their role has been criticised as merely a rubber-stamping exercise.
The other way patients can obtain a second opinion is if this is requested from an independent expert by the patient's solicitor as part of the process of appeal against detention to the Mental Health Tribunal (MHT). I don't think there's anything in the draft bill that will necessarily increase the availability of these independent opinions, which are probably not as common as they should be.
The independent expert opinion has the advantage over the SOAD opinion that it is given on behalf of the patient (see previous post), although the focus of the MHT decision for which the opinion has been requested by the patient's solicitor is on detention rather than treatment. The SOAD tends to look at the Responsible Clinician's (RC's) treatment plan to decide if it is appropriate, rather than necessarily considering the patient's point of view, although the CQC says SOADs should decide whether due consideration has been given to the views and rights of the patient when deciding whether the treatment recommended by the RC is clinically defensible (see webpage).