Question reference: S6W-11249
- Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
- Date lodged: 29 September 2022
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Current status: Answered by Maree Todd on 24 October 2022
Question
To ask the Scottish Government what action it is taking to facilitate the reunion of families affected by the practice of unlawful organ and tissue retention at Scottish hospitals between 1970 and 2000 with their loved ones’ remains.
Answer
We are aware of the distress to families affected by tissue and organ retention at post mortem. We are further aware that while the majority of families have been reunited with their loved ones’ remains, there are a few cases in which this has not been possible.
The Crown Office and Procurator Fiscal Service (COPFS) and NHS boards have responsibility for facilitating the reunion of families with their loved ones’ remains. In cases where COPFS has been made aware of historic retained organs, it has worked with Police Scotland to identify and contact families and facilitate their wishes. However, where the Scottish Government is made aware of such situations we will liaise with the COPFS or NHS boards to try to reunite those affected by organ retention with their loved ones’ remains.
It is now rare for an organ to be retained to establish cause of death. In any case where retention of an organ is considered a realistic possibility, the Procurator Fiscal will ensure that the nearest relative is made aware at the earliest opportunity, preferably by someone already known to them (such as a Victim Information and Advice officer or police Family Liaison Officer).
The Procurator Fiscal will also ensure that the options for how that organ is dealt with following analysis are explained to the family and that, where they wish to discuss and express a view, their request is followed if possible. In certain circumstances, the organ may be retained for research or education but only where the pathologist believes there would be value in doing so and only with the clear authorisation of the nearest relative and the consent of the Procurator Fiscal.
COPFS works with families affected by retention of organs and follows their well-established procedures following a procurator fiscal arranged post-mortem. The retention of tissues and organs following post mortem examination must also follow guidelines produced by the Royal College of Pathologists.
In addition, COPFS maintains a record of all retained organs and carries a monthly reconciliation with pathology providers to ensure that all organs that have been retained are known about and that affected families have been made aware.