Duty to assess mental capacity - Early Day Motions - UK Parliament

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Early Day Motions

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Motion text

That this House notes the poor understanding of the principle of presumption of capacity among professionals raised as far back as the 2014 House of Lords Select Committee’s post-legislative scrutiny of the Mental Capacity Act 2005; acknowledges the difficulties experienced in applying the principle in practice; is concerned with evidence of presumption of capacity being used to support non-intervention by service providers; further notes that this is causing preventable deaths; and believes this loophole must be closed by having a duty to assess mental capacity when it is in doubt enshrined in law.

Signatures (27)

Supporters (27)
Withdrawn signatures (0)

The first 6 Members who have signed to support the motion are the sponsors. The primary sponsor is generally the person who tabled the motion and has responsibility for it. The date shown is when the Member signed the motion.

Liberal Democrat

Dorking and Horley

Liberal Democrat

Liberal Democrat

Liberal Democrat

Liberal Democrat

Democratic Unionist Party

In addition to the sponsors, the following Members have signed to support the motion.

Liberal Democrat

Mid Dorset and North Poole

Liberal Democrat

Thornbury and Yate

Liberal Democrat

Taunton and Wellington

Liberal Democrat

Harrogate and Knaresborough

Liberal Democrat

Liberal Democrat

Wells and Mendip Hills

Liberal Democrat

Tunbridge Wells

Liberal Democrat

Epsom and Ewell

Perteghella, Manuela

Liberal Democrat

Stratford-on-Avon

Liberal Democrat

Mid Dunbartonshire

Morello, Edward

Liberal Democrat

Wrigley, Martin

Liberal Democrat

Liberal Democrat

Liberal Democrat

North Shropshire

Liberal Democrat

St Neots and Mid Cambridgeshire

Brown-Fuller, Jess

Liberal Democrat

Liberal Democrat

Liberal Democrat

Liberal Democrat

Liberal Democrat

Babarinde, Josh

Liberal Democrat

There are no withdrawn signatures for this motion.

Amendments (1)

After a motion has been tabled, other Members can table amendments to it. Amendments to this motion are shown below.

Duty to assess mental capacity (Amendment 1)

Leave out from “believes” and add “regrets that amendment 24 was rejected at Report Stage of the Terminally Ill Adults (End of Life) Bill in June 2025 to ensure capacity is established for individuals seeking to end their own lives; and believes that the principle of having a duty to assess mental capacity when it is in doubt should be enshrined in law.”

Daniel Francis

Labour, Bexleyheath and Crayford

2

signatures

EDM 460A1: tabled on 9 July 2026