CQC MHA Role — MRCPsych Paper B MCQ
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Correct answer: A — It monitors use of the Act and provides the second opinion appointed doctor service.
Explanation lettering: B = shown as A · C = shown as B · D = shown as C · E = shown as D · A = shown as E
B is correct. In England, CQC monitors how providers exercise powers and discharge duties under the Mental Health Act, including in relation to detention, community treatment orders and guardianship. Its reviewers visit services and interview detained patients. CQC also reviews complaints concerning use of the Act and provides the second opinion appointed doctor (SOAD) service. It does not approve detention applications or renewals (A). Its remit extends beyond the physical environment to the operation of statutory powers and patients' care and rights (C). Appeals against detention are heard by the First-tier Tribunal (Mental Health), not CQC (D). Treatment is prescribed by responsible clinicians or other authorised prescribers; a SOAD independently reviews and may certify proposed treatment but does not take over prescribing (E).
Reference: Care Quality Commission. Monitoring the Mental Health Act in 2024 to 2025, Summary: How we work. 2026. https://assets.publishing.service.gov.uk/media/697a3384c23c8fa26650dee5/cqc-monitoring-the-mental-health-act-in-2024-to-2025.pdf