Early day motion tabled by primary sponsor Chris Coghlan (Liberal Democrat), on Monday, 29 June 2026, in the House of Commons. It is signed by 27 members in total.

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Duty to assess mental capacity

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.

Amendments

The Early day motion has received an amendment.

Duty to assess mental capacity ()

The Early day motion has received an amendment sponsored by Daniel Francis (primary, Labour)

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Secondary information

Type

Early day motion

Reference

460 

Session

2026-27

Other sponsors

Andrew George

Wera Hobhouse

Jim Shannon

Lee Dillon

Clive Jones

Subjects

Medical examinations Mental capacity

Link

View this Early day motion on edm.parliament.uk