Social workers should be able to conscientiously object to assisted dying work, agrees Leadbeater
BASW has won assurance that social workers will be allowed to opt out of work contributing to assisted dying on grounds of conscience.
The association had expressed concern that clause 23 – the so called “conscience clause” in the Terminally Ill Adults (End of Life) Bill – only applied to healthcare professionals.
It said the omission was especially troubling in wake of the greater role outlined for social workers in amendments to the bill currently going through the Westminster parliament.
Under the amendments, panels consisting of social workers alongside senior lawyers and psychiatrists will be able to review requests for assisted dying without a high court judge.
Speaking at a committee looking into the bill last month, Danny Kruger MP quoted BASW’s written evidence which says: “Social workers have duties in relation to both mental capacity and adult safeguarding, so it is concerning that legal protection in Section 23 of the bill is given to healthcare professionals but not to social workers.
“All professionals that could potentially be involved with assisted dying, such as social workers, should be able to conscientiously object to participating in work that could reasonably be argued would be contributing to an assisted death.”
Kruger called for further amendments to address BASW’s concerns which are echoed by the Royal Pharmaceutical Society. He said the conscience clause must be “for all individuals and not limited to health professionals”.
In response, Kim Leadbeater, lead sponsor of the bill, said: “The honourable member is making an important point.
“I would like to get it on the record that I agree with him: there should be no duty on any person to take part in the bill’s provisions if they choose not to, for whatever reason… on that principle I wholeheartedly agree, and I would be happy to work with him in sorting it out.”
The key support was welcomed by BASW as testimony to efforts made by the association to ensure social work's voice has been heard as the bill is debated in parliament and its role understood by MPs.
Head of policy and research Luke Geoghegan said: “Social workers not being included in the conscience clause in the initial drafting of the legislation was a serious omission that we have been raising with policymakers since day one. It is paramount that all professionals potentially involved should be able to opt-out of work relating to assisted dying without detriment.
“We were therefore pleased that MPs on the committee listened to our calls and gave their assurance that an amendment to this effect will now be brought forward."
Geoghegan added the development was a vital step in ensuring social workers had "parity of legal protections" with other professions that could be involved in supporting people with assisted dying.
Delay
The timeline for the assisted dying bill in England and Wales has been pushed back a further two years, meaning it is unlikely to be operational until 2029.
The delay is partly due to the establishment of the multi-disciplinary panels, which Leadbeater said “will inevitably take longer to implement”.
She added: “Support for a judge-led multi-disciplinary panel came from experts who gave evidence and has received strong backing across all parties, including from committee members who were previously opposed to the bill.
“We are not removing judges from this process. Rather, we are adding the expertise and experience of psychiatrists and social workers to provide extra protections in the areas of assessing mental capacity and detecting coercion while retaining judicial oversight.”
The Isle of Man is set to become the first place in the UK to legalise assisted dying after its parliament passed a bill to make it legal. It is expected to become law later this year and operational in 2027.
In Scotland, the Assisted Dying for Terminally Ill Adults (Scotland) Bill is currently progressing through parliament.