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The Citizen Participation and Public Petitions Team

Under consideration PE1911: Review of Human Tissue (Scotland) Act 2006 as it relates to post-mortems

Calling on the Scottish Parliament to urge the Scottish Government to review the Human Tissue (Scotland) Act 2006 and relevant guidance to ensure that all post-mortems—

• can only be carried out with permission of the next of kin;
• do not routinely remove brains; and
• offer tissues and samples to next of kin as a matter of course.

Previous action taken

I contacted my local MSP who is taking up my individual case but is also supporting my petition to achieve wider change.

Background information

My child died suddenly at home. As a result, there was a post-mortem. I thought it was a Grant & View but discovered not only was it a post-mortem but that, the brain, throat and tongue had been removed. I was horrified.

In the event of a sudden or unexplained death the Procurator Fiscal provides authorisation for a post-mortem, not the next of kin. I believe that this must change. I also believe that brains should not be routinely removed.

I was advised that the tissue samples taken belonged to no particular person and would be held as part of Medical Records. When I tried to retrieve them, I was sent on a wild goose chase for ten months, all whilst grieving.

This is different from England/Ireland & Wales, where loved ones are automatically offered the samples back (perhaps to add to caskets). People can decline the samples, but at least they are given a choice.

  • Created by Ann Stark
  • Considered from 11 October 2021
  • Petitions can collect signatures until the petition has been closed

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