BASW response to Lauren Edwards MP bringing forward an Assisted Dying Bill
Labour MP Lauren Edwards has been drawn second in the ballot for Private Members' Bills and has chosen to bring forward legislation on assisted dying.
The previous Assisted Dying Bill, introduced by Kim Leadbeater MP, completed its passage through the House of Commons but fell before it could complete its stages in the House of Lords when Parliament was prorogued ahead of the State Opening of Parliament last month.
During scrutiny of the previous Bill, BASW engaged with parliamentarians to highlight the profession's responsibilities in areas such as mental capacity, adult safeguarding, and the provision of support to individuals and families before and after a death, including grief and bereavement support. These efforts successfully secured important changes to strengthen the role of social work within the proposed legal framework, including the introduction of a multidisciplinary approach to assessing applications for an assisted death and extending legal protections for opting out of involvement in the process to social workers and other social care professionals.
BASW does not hold an "in principle" position either for or against assisted dying. However, given the significant implications such legislation would have for social workers and for people who use social work services, we believe it is essential that any proposed law reflects the realities of social work practice and existing legal responsibilities.
The Bill expected to be introduced by Lauren Edwards MP is understood to be substantially the same as the Bill passed by the House of Commons earlier this year. If so, social workers would continue to play a key role within the application process for an assisted death.
While the Bill contains important improvements secured during its Commons stages, BASW believes further changes are needed to strengthen safeguards and ensure the legislation is workable in practice. We will therefore continue to advocate for:
- A legal right for all members of the assessment panel, where necessary, to meet the person applying for an assisted death.
- Unanimous decision-making by assessment panels, rather than decisions being made by majority vote.
- Responsibility for commissioning and approving adult safeguarding assessments to rest with the Voluntary Assisted Dying Service rather than local authorities.
- A clear legal power for panel social workers to access relevant records held by local authority adult social care services and, in exceptional circumstances, police records.
- The right for individuals to access advice, information and support before entering the final six-month eligibility period.
- Independent external inspection and oversight of the Voluntary Assisted Dying Service.
BASW looks forward to engaging constructively with MPs, peers and other stakeholders as the Bill progresses through Parliament. Our focus will remain on ensuring that the legislation appropriately reflects social work responsibilities, protects those who may be vulnerable, and supports individuals and families facing some of the most difficult decisions of their lives.