Although it expresses concern that the introduction of conditional discharge for restricted patients may be overused, the Committee only recommends close monitoring of implementation with a statutory review after 3 years. My main concern about the report is that it does not seem to have considered the need to improve the right to an independent second opinion from a person of the patient’s choice, rather than just from a Second Opinion Approved Doctor (SOAD) appointed by the Care Quality Commission (CQC). As I said in a previous post, the strengthening of the role of SOAD is welcome, but this should be taken further by making the second opinion process even more independent. I think this is particularly the case in the context of developing the role of the Tribunal to consider treatment decisions and I would argue that eventually SOADs could be abolished.
The Committee emphasises the need for adequate resourcing of the MHA changes and sees it as essential that a detailed plan for resourcing and implementation is produced on introduction of the Bill. I look forward to seeing the government's response.