Fears Scottish post-mortems are not as humane as those in England

Lanarkshire mum’s campaign for law change after death of her son

Concerns have been raised that post-mortems in England could be more humane and progressive than those carried out in Scotland.

Richard Stark died suddenly at the age of just 25 at his home in South Lanarkshire in 2019.

At the time his mum Ann told police she wanted her son’s post-mortem to be a non-invasive external look at his body. However, pathologists went on to conduct a full post-mortem and removed Richard’s brain, throat and tongue.

Lord Advocate Dorothy Bain KC. Image: Getty Images.

Ever since Ms Stark has been campaigning for the law to be changed in Scotland. She has submitted a petition to the Scottish Parliament so post-mortems can only be carried out if quested by the deceased’s next of kin.

Scotland’s Lord Advocate Dorothy Bain KC and Andy Shanks, head of the Scottish Fatalities Investigation Unit, have now both been questioned by MSPs sitting on Holyrood’s petitions committee on this.

MSPs told the pair they were concerned practices in England were more progressive.

Committee convener Jackson Carlaw said: “Witnesses in England share their experience of scanning for post-mortems, which has reduced the requirement for a full, invasive post-mortem and sees the next of kin given options on how tissue samples are handled.

“The chief coroner in England said if there is any sample containing a single cell, the family is asked whether it is retained for medical research or is returned to the family. There is a process for second funeral proceedings for additional tissue as a matter of course.

“That seems to be operational practice elsewhere in the UK with no complications or obstacles, which appear to be routinely in place here in Scotland.”

Mr Carlaw said it appeared to be “more routine” to remove brains in Scotland and suggested Scotland had “fallen behind medical practice elsewhere”.

In some parts of England, CT scanners can be used to conduct a digital autopsy, removing the need for a full-body post-mortem. In Lancashire, 90 per cent of post-mortems are carried out this way.

Mr Carlaw said he worried the standard of equipment and staffing levels for post-mortems in Scotland was “grossly inadequate”.

The Lord Advocate said she was not personally able to change the law, adding the decision on whether or not to carry out an invasive post-mortem was down to the individual pathologists. She did, however, say the family’s views were taken into account.

Ms Bain said: “Whilst we appreciate it is distressing for the next of kin, we will take account of their views, particularly religious and cultural sensitivities. They cannot determine the decision-making process though, because unfortunately sometimes close relatives are responsible for the fatality.

“Post-mortems are only considered essential if it is required to determine the cause of death or to exclude criminality.”

Mr Shanks said it was sometimes possible to determine the cause of death without carrying out an invasive post-mortem, for example if the deceased person had a detailed medical history.

However, he conceded there was a variation in the level of service provided by different pathologists across Scotland, and recognised the need for the overall service to be improved.

MSPs will now look further into Ms Stark’s campaign to change the law on post-mortems. The Royal College of Pathologists has been approached for comment.