Rights to NHS treatment - Frequently Asked Questions

What if I am unable to make decisions because my mental capacity is impaired?
If you are unable to make a decision because you do not have the capacity to do so, in some circumstances other people can make decisions for you regarding treatment.  See our page on the  Mental Capacity Act for more information.

What if I make an advance statement about treatment?
Advance statements are a useful way of deciding in advance how you will be treated if you ever lose the capacity to make that decision.  If you are detained under the Mental Health Act 1983 and can be treated without your consent, doctors can go against your wishes in an advance statement, but it should be fully taken into account even in these circumstances.

Do I have the right to a second opinion?
There is no legal or enforceable right to a second opinion. However, because diagnoses like schizophrenia have very serious implications for the patient and their treatment, and there is sometimes uncertainty about the diagnosis, there are strong arguments as to why a second opinion should be available. The National Institute of Health and Clinical Excellence clinical guidance says that patient diagnosed with Schizophrenia should be supported in having a second opinion if they wish.

See Getting a second opinion for more information.

What is the National Service Framework (NSF) for mental health?
This sets out the standards which are to be achieved by service providers but does not give individuals any new rights. Even so, it creates legitimate expectations.

What about the National Institute of Health & Clinical Excellence (NICE)?
NICE was set up to give guidance to health professionals on quality standards and also to patients, on what they should expect. Professionals are expected to take guidance fully into account when using their clinical judgment, but they are allowed some discretion.  Further information is available at the National Institute for Health & Cinical Excellence (NICE) website.