The Government recognises the concerns raised by the petitioner, who seeks to make it a criminal offence for a person to abandon a person who may be in immediate danger without seeking help.

In England and Wales, there is ordinarily no liability for failing to act. There is therefore no legal requirement for any person to intervene in a situation where medical assistance (or any other emergency assistance) could be required, unless they have a duty to do so.

A duty of care may arise under specific circumstances. For example, between a parent and a child or between a care giver and an elderly person. In circumstances where it can be established that an individual owed the victim a duty of care and there was a serious breach of that duty which led to the death of the victim, that person may be liable to criminal prosecution. It would be the responsibility of the independent Crown Prosecution Service to decide, based on the facts of the case, whether to prosecute and select the appropriate charge.

We acknowledge that there may be cases in which not doing ‘the right thing’ seems reprehensible. However, the Government has no current plans to create a new offence in this area, as creating such a law would present considerable challenges, particularly in terms of its scope and nature. In effect, even a limited offence could unfairly penalise individuals who, without medical knowledge or other expertise in responding to emergencies, may find themselves unable to act in such situations.

Ministry of Justice
This response was received on 9th February 2026