Legal and professional guidance must allow assisted dying to be properly discussed, says University research with Dignitas families
The Government’s existing legal guidance on assisted dying produces a ‘grey area’ that is confusing patients and healthcare professionals, and professional guidelines are needed to allow an informed discussion about assisted dying with patients, new research with families whose loved ones have accessed assisted deaths in Switzerland has found.
Independent qualitative research conducted by the University of Hertfordshire with those considering an assisted death abroad, and with families whose loved one has accessed an assisted death at Dignitas, reveals that despite the risks, burden and costs of making the journey, people will continue to do so even if Parliament does not change the law.
Dr Megan Knights, Dr Harry Dean and Dr Jennifer Heath from the Doctoral Programme in Clinical Psychology at the University published the world’s first ever studies combining the in-depth views of both UK-based families who have been to Dignitas in Switzerland where a loved one has died, with the views of those actively considering making the same journey.
Participants said that going abroad for an assisted death is very costly, risks prosecution of their GP and families, and often means their families must have their loved one cremated abroad because bringing back the body would automatically trigger a coroner’s involvement and a likely police investigation.
Respondents told the researchers that healthcare professionals had shut down conversations because they were afraid about legal repercussions. One told about his wife’s GP being implicated despite providing routine care.
Current law criminalises assisting a suicide with a potential 14-year jail penalty but does not define ‘assisting’.
Researchers Dr Harry Dean and Dr Megan Knights said:
“It is clear from the detailed interviews we conducted that more needs to be done so that people involved in going abroad for an assisted death can access support.
“Experiences with healthcare professionals leave individuals feeling as if they have not fully explored their considerations around assisted dying before they needed to decide and plan. This has negatively impacted their mental state.
“Our findings show we need a clearer legal framework around assisted dying so that individuals, their families and healthcare professionals can have a better understanding of what they can discuss and access the information they need.”
“Crown Prosecution Service guidance has not prevented this situation occurring suggesting the need for further clarification.
“This clarity could help healthcare professionals explore patients’ needs and concerns as well as the possible impact on family members without fear of reprisal. This would provide ongoing care as part of advanced care planning. The law as it is creates confusion for patients and healthcare professionals.”
Over 200 million people worldwide now live in jurisdictions that allow some form of assisted dying. Switzerland is the only country that allows foreign nationals to access these services. Over 1500 British people are registered with Dignitas with 33 going there in 2022 alone.
Parliament is now considering a new Bill to change the law; other proposals exist or are being introduced in Jersey, the Isle of Man and for Scotland.
Read the full research, Accessing an assisted death from the UK: Navigating the legal ‘grey’ area which has just been published in the Journal, Death Studies.