Second Reading of the Mental Capacity (Duty to Assess) Bill

Summary

That this House notes that on 8 July 2026 the Mental Capacity (Duty to Assess) Bill, also known as Christopher’s Law, was introduced with cross-party support; recognises that cases where the process for deciding on the presumption of capacity under the Mental Capacity Act 2005 was not correctly followed are associated with deaths, including 160 cases identified by King’s College London in 2023 alone; further notes that the Bill addresses critical gaps illustrated by the tragic death of Christopher Laskaris; acknowledges the legislation drafted by Alex Ruck Keene KC to introduce statutory duties to assess capacity where a person is reasonably understood to have an impairment or disturbance in the functioning of their mind or brain, or where a person properly interested in their circumstances has raised concerns; welcomes the Government’s commitment to review and reform the Mental Capacity Act; and calls on the Prime Minister and the Government to allocate Government time for the Bill’s Second Reading.

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Timeline

1. 11 September 2026

   Early Day Motion

   That this House notes that on 8 July 2026 the Mental Capacity (Duty to Assess) Bill, also known as Christopher’s Law, was introduced with cross-party support; recognises that cases where the process for deciding on the presumption of capacity under the Mental Capacity Act 2005 was not correctly followed are associated with deaths, including 160 cases identified by King’s College London in 2023 alone; further notes that the Bill addresses critical gaps illustrated by the tragic death of Christopher Laskaris; acknowledges the legislation drafted by Alex Ruck Keene KC to introduce statutory duties to assess capacity where a person is reasonably understood to have an impairment or disturbance in the functioning of their mind or brain, or where a person properly interested in their circumstances has raised concerns; welcomes the Government’s commitment to review and reform the Mental Capacity Act; and calls on the Prime Minister and the Government to allocate Government time for the Bill’s Second Reading.

   Source: Early Day Motion

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Sponsors

• Chris Coghlan · Liberal Democrat · Primary sponsor

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