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Terminally ill people with depression could qualify for assisted suicide

Terminally ill people who are depressed could receive assisted suicide under the criteria in the Leadbeater assisted suicide Bill after proposals to tighten legislation were rejected.

Last month, the parliamentary committee scrutinising the assisted suicide Bill voted against amendments that sought to prevent terminally ill people with mental illnesses from accessing assisted suicide if their illnesses cloud their judgement.

Whilst the Terminally Ill Adults (End of Life) Bill applies to mentally competent adults who are thought to have fewer than six months to live, the legislation defines “mental capacity” in the terms given under the Mental Capacity Act 2005 (MCA), which states “a person must be assumed to have capacity unless it is established that he lacks capacity”.

MCA “not sufficient” according to Royal College of Psychiatrists 

In written evidence sent to the Committee, the Royal College of Psychiatrists (RCP) explain why the MCA   is “not sufficient” for people making such an important decision, underlining the difficulties people with both mental and physical illnesses have in decision-making. 

The RCP said “Decisions can be particularly complex for people with a physical terminal illness and mental disorder. There will be those who have significant histories of mental disorder prior to the physical terminal illness, and others who have mental disorder primarily in the context of their terminal physical illness. Hopelessness is a common symptom of depression and can affect a person’s ability to weigh information in the balance; anxiety can amplify fears of future suffering”.

The RCP warned that someone with a physical and mental illness “would not necessarily be deemed ineligible”. The RCP gave an example of a person with terminal cancer and clinical depression “which is influencing their wish to die”. However, under the Bill, this person may “be determined in accordance with the MCA as having capacity to decide to end their own life and therefore eligible for [assisted suicide]. While they may be capacitous, they might feel differently at a future time if provided with appropriate interventions and support to treat a co-occurring mental disorder”.

A similar point was also made during the Committee’s meeting at the end of January. Dr Annabel Price, representing the Royal College of Psychiatrists, related her experience of how people who want to die often change their minds when they get adequate pain relief. She said that “Unresolved physical symptoms make people want to die, and when that pain is better, people no longer feel that way”, reminding the Committee that even if someone decides to have an assisted suicide, they can change their minds when adequate support is provided. She added that depression is “common” near the end of life. However, if depression is treated, there is often a “significant change” in a wish to hasten death.

Proposals to tighten legislation rejected

Last month, an amendment by Lib Dem MP Sarah Olney, which was written in response to these concerns from the RCP and MPs, was voted down by the Committee by 15 votes to 8. It proposed using the word “capacity” rather than “ability” in the Bill. This would enable doctors to effectively assess a person’s eligibility for an assisted suicide. She said “My amendment… proposes that we should assess people’s ability to make the decision and not just their capacity”, adding that “all reference to mental capacity is assumed to refer to the Mental Capacity Act 2005, but I do not believe that that is sufficient for the purposes of the Bill”.

When people are thinking about whether assisted [suicide] is an appropriate decision for them, I do not think that it is safe for them to be judged merely on the basis of their capacity”. 

Olney argued that “the Mental Capacity Act was not drafted in anticipation of it ever being used for this kind of scenario [assisted suicide]” and “is unsuitable for this purpose”. 

She said “Under the Mental Capacity Act, someone must be completely unable “to understand the information relevant to the decision…to retain that information…to use or weigh that information as part of the process of the making the decision, or…to communicate his decision”.

“If they are only partially able to do so, they will still be considered to have capacity under the Mental Capacity Act, so it is not a safeguard to protect a terminally ill person who happens to be suicidal due to depression”. 

However, Lewis Atkinson MP, one of the 15 Committee members who rejected the proposed safeguard for people with mental disorders, claimed “We should not be preventing anyone from accessing an option merely because of a mild element of depression”. 

Mental Capacity Act not suitable for assisted suicide 

Other MPs shared Olney’s concerns that the Mental Capacity Act is not suitable for assisted suicide. Daniel Francis MP pointed out that the Mental Capacity Act was not written for the purpose of assessing capacity for assisted suicide, but “to enable people to carry out day-to-day scenarios, such as buying a coffee or doing their banking, so that they are not challenged in every transaction in their life. It is therefore a very low bar to be deemed to have capacity”.

Francis also questioned the effectiveness of doctors in assessing mental capacity by referring to his own “lived experience” of looking after his “learning-disabled child”. He said he and his wife received phone calls “all the time” from doctors who wish to speak to his daughter, “despite their having read the notes saying that she is an 11-year-old with 12 words and a severe sight impairment”.

Francis said “I therefore query…how well some aspects of the Mental Capacity Act are currently being carried out”. Sean Woodcock MP said “we heard from three sets of psychiatrists who all cast doubt on the suitability of the Mental Capacity Act for decisions such as assisted [suicide]”. 
Danny Kruger MP reminded MPs that Dignity in Dying (formerly Voluntary Euthanasia Society) was delighted with the Mental Capacity Act as they recognised it would help their objectives to make assisted suicide legal.

Spokesperson for Right To Life UK, Catherine Robinson, said “To legalise assisted suicide would present an acute threat to vulnerable people, especially terminally ill people who are also suffering from mental illness. The last thing vulnerable people need is help to take their own lives, yet this is what is being proposed in Leadbeater’s dangerous Bill”. 

“Every suicide, without exception, is an utter tragedy and the Bill should be scrapped immediately”.

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Dear reader,

Thanks to the support from people like you, in 2025, we have grown to 250,000 supporters, reached over 100 million views online, helped bring the Leadbeater assisted suicide Bill within just 12 votes of defeat and fought major proposals to introduce abortion up to birth.

However, the challenges we face are far from over.

FIVE MAJOR BATTLES

In 2026, we will be facing five major battles:

  1. Assisted suicide at Westminster – the Leadbeater Bill
    With this session of the UK Parliament at Westminster expected to continue well into 2026, there are many more months of this battle to fight. There is growing momentum in the House of Lords against the dangerous Leadbeater assisted suicide Bill, but well-funded groups such as Dignity in Dying have poured millions into lobbying, and we must sustain the pressure so this Bill never becomes law.
  2. Assisted suicide in Scotland – the McArthur Bill
    We are expecting to face the final Stage 3 vote on the Scottish McArthur assisted suicide Bill early in the new year. If just seven MSPs switch from voting for to against the Bill, it will be defeated. This is a battle that can be won, but the assisted suicide lobby is working intensely to stop that from happening.
  3. Assisted suicide in Wales – the Senedd vote
    In January, we are expecting the Welsh Senedd to vote on whether they will allow the Leadbeater assisted suicide Bill to be rolled out in Wales. Dignity in Dying and their allies are already putting a big focus on winning this vote. This is going to be another decisive and major battle.
  4. Abortion up to birth at Westminster
    We are going to face major battles over the Antoniazzi abortion up to birth amendment as it moves through the House of Lords. Baroness Monckton has tabled an amendment to overturn this change, and other Peers have proposed changes that would protect more babies from having their lives ended in late-term home abortions.
  5. Abortion up to birth in Scotland
    In Scotland, moves are underway to attempt to introduce an even more extreme abortion law there. An “expert group” undertaking a review of abortion law in Scotland has recommended that the Scottish Government scrap the current 24-week time limit – and abortion be available on social grounds right up to birth. It is expected that the Scottish Government will bring forward final proposals as a Government Bill next year.

If these major threats from our opposition are successful, it would be a disaster. Thousands of lives would be lost.

WE CAN ONLY DEFEAT THESE FIVE MAJOR THREATS WITH YOUR HELP

Work fighting both the abortion and assisted suicide lobbies in 2025 has substantially drained our limited resources.

To cover this gap and ensure we effectively fight these battles in the year ahead, our goal is to raise at least £198,750 by midnight this Sunday, 7 December 2025.

With a number of these battles due to begin within weeks, we need funds in place now so we can move immediately.

£198,750 is the minimum we need; anything extra lets us do even more.

If you are able, please give as generously as you can today. Every donation, large or small, will make a real difference. Plus, if you are a UK taxpayer, Gift Aid adds 25p to every £1 you donate at no extra cost to you.

Will you donate now to help protect vulnerable lives from these five major threats?

URGENT
APPEAL
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Help stop three major anti-life threats.

Only hours left of the appeal to help fight the five major battles we will face in 2026.

URGENT
APPEAL
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Help stop three major anti-life threats.

Only hours left of the appeal to help fight the five major battles we will face in 2026.