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Duty to assess mental capacity

EDM (Early Day Motion) 460A1: tabled on 09 July 2026

Tabled in the 2026-27 session.

This motion has been signed by 2 Members. It is an amendment to an existing motion.

This is an amendment to an existing motion

This motion was originally tabled by Chris Coghlan on 29 June 2026. This is amendment number 1.

View details of the original motion

Suggested amendment

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.”

Original 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.

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.

There are no withdrawn signatures for this amendment.