Department of Health

Website of the Department of Health

Please note that this website has a UK government access keys system.

Disposal of existing holdings of post mortem material

  • Last modified date:
    6 March 2007

Trusts holding post mortem human organs and tissues in accordance with restrictions on disposal imposed by the Secretary of State in February 2000, and subsequently reiterated by the Retained Organs Commission pending further guidance becoming available, will wish to note that the Human Tissue Authority (HTA) has now issued a code of practice on the removal, storage and disposal of human organs and tissue. This code includes guidance on the disposal of existing holdings.

This means that trusts wishing to consider the disposal of such holdings can now do so, using the HTA code of practice as the framework to make decisions locally on the timing and method of disposal.

The HTA code of practice was subject to extensive consultation, and represents the best consensus available on the handling of sensitive decisions about the disposal of human organs and tissues that may have been obtained in the past without proper consent.

The Code of Practice and other HTA guidance is available on the HTA website.

Enquiries about the contents of Code itself should be addressed to the Human Tissue Authority on enquiries@hta.gov.uk.

Answers to some questions that organisations or individuals may have are given below.

What did the restrictions on disposal apply to?

The restrictions applied to all material taken at post-mortem and still held at the time the then Secretary of State (Alan Milburn) wrote to Chairmen of NHS Hospital and Community Trusts in England (letter to NHS Trusts dated 18 February 2000 refers).  The letter made it clear that the restriction did not apply to Hospital Trusts' normal ongoing arrangements for respectful disposal of tissues, nor stand in the way of the release of organs and tissues to relatives who wished this.

Organisations have already been able to dispose of some of this material under previous guidance from the Retained Organs Commission (ROC).  ROC's good practice guidance, issued in March 2004  stated that where unidentifiable organs and tissue which have been kept in museum collections but which are deteriorating or in some other way constitute a health hazard may be disposed of provided a respectful process is followed.  The guidance contains further information on respectful disposal.

Why are the restrictions being lifted now?

The HTA has now published its Code of Practice on the Removal, retention and disposal of human organs and tissue, which provides the framework for organisations to use in making decisions about disposal.  

Can we start disposing now?

Organisations will wish to pay particular attention to the recommendations in the HTA's Code of Practice about unidentifiable and identifiable but unclaimed existing holdings, which are broadly:

  • existing holdings that are unidentifiable under the criteria in the code and no longer required should be disposed of in the same way as other post mortem material is handled;
  • existing holdings that are identifiable and contact has been made by families should NOT be disposed of until relatives make their wishes clear;
  • it is legitimate for organisations to consider whether to dispose of existing holdings that are identifiable but no contact has been made by families.  Organisations should allow 12 months from the time the Department removes the restrictions on disposal before taking any action, and those planning to dispose of such holdings will need to consider what level of local publicity may be appropriate in the light of the size of the holdings and any action taken so far.

The code of practice should be consulted for more detail before decisions are made about disposal. It can be found at www.hta.gov.uk

Do we need to seek permission before disposing of material?

No.  Decisions are for organisations to make locally, but they should take account of the HTA's Code of Practice in deciding when and how to dispose of material.

Do we have to dispose of existing holdings now?

No.  We are simply saying to those organisations that have been holding on to material pending definitive advice, that previous restrictions no longer apply and they may consider disposal in line with the HTA Code of Practice.

What do I do if I think an organisation might be holding organs or tissue from one of my relatives?

Contact the organisation concerned.  If you are unsure how to go about this or feel you need help, then information, advice and support on any issues related to bereavement is also available from The National Bereavement Partnership Helpline on 0845 226 7227.   The National Bereavement Partnership specialises in providing information and advice surrounding the post mortem examination process and the choices available to you regarding the retention of tissue samples and whole organs for diagnosis, research, teaching and training.

Access keys