BASW argues for key changes to assisted dying legislation

The proposals will be debated in the House of Lords this week
Westminster

BASW is calling on members of the House of Lords to make a number of critical changes to the Terminally Ill Adults (End of Life) Bill for England and Wales.

The proposals, which were supported by a majority of MPs in June, must now overcome several hurdles in the Lords before it can become law. The first debate will take place on Friday, 12 September.

In earlier stages, BASW successfully convinced MPs to modify the Bill to adopt a multi-disciplinary approach to assessing assisted dying applications and to extend legal protections for opting-out of the process to include social workers and other social care professionals. 

BASW’s approach

We have ensured that social work’s voice is being heard in this important debate, raising concerns where we identify them and suggesting solutions. 

BASW does not have an ‘in principle’ decision on assisted dying but, given that the Bill would have a significant impact on social work and on those who use social work services, it is our role to ensure that it takes into account the existing legal responsibilities of social workers. 

To do this, we have engaged with legislators to inform them of key social work responsibilities in relation to mental capacity, adult safeguarding, and provision of wider support to individuals and families, such as grief counselling and bereavement support. 

What further changes need to be made?

We hosted an event for members in July to hear views and invited those who could not attend to share thoughts with us by email. This has helped inform the recommendations we are now making to Peers.

Our recommendations include:

  • Establish a legal right for all professionals on the panel if necessary to see the person making the application
  • Panel decisions on applications for an assisted death should be unanimous, and not by majority vote
  • The Voluntary Assisted Dying Service, and not the local authority, is responsible for approving adult safeguarding assessments
  • Panel social workers are given the legal power to access records at local authority adult social services and, very occasionally, police records.
  • Patients should have the right to access advice and support prior to the six-month period.
  • The Voluntary Assisted Dying Service needs to be subject to external inspection.

You can download our full briefing papers below.

What is the process?

Friday’s debate is only on the ‘general principles’ of the Bill, so no changes can be made at this point. However, should it be agreed in principle, Peers will then have the opportunity to propose amendments to be voted on.

The current parliamentary session runs until April 2026, giving plenty of time for Peers to get into the detail of the legislation. The final version will also need to be approved one last time by MPs before it can become law.

The implementation period for the Bill will take four years, so it won’t come into force before 2030. BASW will continue to keep members updated on this work as the legislation progresses.