UK MP Behind Assisted Dying Bill Proposes Scrapping High Court Approval

[Georgealbert]

 

Assisted dying cases in England and Wales would no longer require High Court approval under changes proposed by Labour MP Kim Leadbeater, who is spearheading the bill.

 

Currently, the proposed law mandates that a High Court judge must confirm each individual’s eligibility and ensure they have not been coerced into choosing to die. However Leadbeater will suggest replacing this requirement with an expert panel to oversee applications, in response to concerns about the court’s capacity to handle each case.

 

Leadbeater insists the amendments will strengthen the safeguards rather than weaken them. “This bill already contains the strongest safeguards anywhere in the world, but I promised to listen to expert advice, and that is what I have done,” she said.

 

However, critics are likely to argue that removing judicial oversight could dilute protections against potential abuse.

 

If passed, the bill would allow terminally ill adults with a prognosis of six months or less to seek assistance in ending their lives. Leadbeater’s proposed amendment would establish a review panel chaired by a senior legal expert, but not necessarily a judge. The panel would include professionals such as psychiatrists and social workers, with the possibility of High Court review in disputed cases.

 

Oversight of the process would be assigned to a Voluntary Assisted Dying Commission, led by a High Court judge or senior former judge. The commission would be responsible for selecting panel members, overseeing cases, and reporting annually on applications, approvals, and rejections.

 

Government officials have been consulted on the proposed change, although the government maintains a neutral stance on the bill. The amendment, currently being drafted by civil servants, is set to be published later this week.

 

The proposed shift follows concerns raised by legal experts regarding the feasibility of the High Court reviewing every case.

 

Sir Nicholas Mostyn, a retired High Court judge, warned that the requirement would be “impossible” to implement, stating: “You’re talking about nearly three-quarters of the entire Family Division doing nothing but this.” He suggested a two-member panel, comprising a doctor and a lawyer, as a more practical solution.

 

Leadbeater acknowledged the importance of involving professionals beyond the judiciary. “Many experts recommended a greater role for psychiatrists and social workers in assessing an applicant’s ability to make a voluntary decision free from coercion,” she said.

 

The bill remains under detailed scrutiny in Parliament, with MPs debating over 300 amendments.

 

Among them, Liberal Democrat MP Tom Gordon has proposed an expansion to allow those with neurodegenerative conditions, such as Parkinson’s, to apply if they have 12 months to live. The current bill restricts eligibility to those with six months or less.

 

Gordon argued: “For those with neurodegenerative conditions, in their last six months, it may be too late for them to engage in the process of applying.”

 

Labour MP Jess Asato, who opposes the bill, criticised the proposed change as a “very late amendment” that could undermine safeguards. “Some MPs may have supported the bill on the understanding that a High Court judge would be involved. Now, they may question whether this legislation has been properly thought through,” she said.

 

MPs voted in favour of legalising assisted dying in November by a majority of 55. However, the bill must still pass further debates in the Commons and Lords before becoming law.

 

Based on an article from The BBC 11.02.2025.

 

 

-- 2025-02-12