To ask the Scottish Executive whether it will conduct an inquiry to determine how many organs have been retained at Yorkhill Children's Hospital without parental knowledge and consent in the last twenty years.
Of the four NHS Trusts in Scotland delivering paediatric pathology services, all but Yorkhill NHS Trust included a statement in the post-mortem consent form covering the retention of organs or tissue for medical education or research.
The Scottish Executive Health Department has issued a Management Executive Letter (MEL(2000)21) dated 27 April 2000 which makes it clear that all Trusts in Scotland are expected to comply with the Royal College of Pathologists' "Guidelines for the retention of tissues and organs at post-mortem". In particular, they are expected to use the model form drawn up by the college for use when carrying out a post-mortem with the consent of relatives. That form contains specific questions about the retention of organs and their subsequent disposal. We have also drawn all Trusts' attention to the guidance published by the Medical Research Council on the use of samples of human tissue for research.
Yorkhill has considered very carefully, in conjunction with parents' representatives, whether it should inform parents that their children's organs have been retained without their consent. Parents' representatives took the view that a pro-active approach could be a distressing intrusion into the very different and highly personal ways in which parents and families cope with the loss of a child. The Trust has accepted that view, but will of course respond sensitively to any approaches it receives from parents.
The Trust is now undertaking a review over the next 6-12 months of the retained organs to identify those of particular and continuing educational value. All other organs would be disposed of with respect and dignity after allowing a suitable interval, possibly a year, for further parental inquiries.
The Scottish Executive is aware of the census of all hospital pathology departments in England being undertaken by the Chief Medical Officer at the Department of Health in England. He is expected to report in September, and consideration will be given to whether the recommendations he makes have any implications for the NHS in Scotland. We shall also consider whether any further action needs to be taken in the light of the recommendations of the interim report issued on 11 May by the public inquiry investigating paediatric cardiac surgery at Bristol Royal Infirmary.