Early day motion · EDM 460 · 29 Jun 2026

Duty to assess mental capacity

Tabled by Chris Coghlan (Liberal Democrat) 27 signatures

The motion

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.