Scottish Labour leader Anas Sarwar is demanding new rights for bereaved families after the tragic death of 10-year-old Milly Main at a Glasgow hospital.
Relatives would have access to a powerful public champion to help uncover the truth, under his “Milly’s law” plan.
Sarwar said it echoed the proposed Hillsborough law which is aimed at helping the families affected by the stadium disaster.
“No one should feel as if the system shuts down and stops them from getting answers and justice. But sadly for far too many families in Scotland that’s the reality,” he blasted.
Milly was in remission from leukemia at the Queen Elizabeth University Hospital when she caught an infection and died in 2017.
Her mum Kimberly learned about the infection link when she read the claims of a whistleblower in the Daily Record two years later.
An independent probe eventually concluded that Milly died after “probably” catching a water-linked infection at the QUEH.
Sarwar, who has fought for justice for Milly’s family, believes the scandal shows how badly families can be treated by public bodies.
His “Milly’s law” proposal is a five-point plan which he says puts families and victims first, not institutions.
The first element would establish an “independent public advocate” to act on behalf of families of the deceased.
They would step in after revelations of public tragedy and scandal, serving as an adviser and a guide.
A public champion would be given powers to establish a panel to promote transparency at an early stage.
The second part would be a charter for bereaved families which would be binding on all public bodies.
It would set out the obligations of health boards, councils and the police and give whistleblowers the right to appeal to the public champion if they felt the charter had been breached.
The third strand would be improving access to legal advice and representation for families so they could participate at public inquiries.
There would also be a requirement for evidence and findings in major public inquiries to be taken into account at any subsequent criminal trial.
The final part relates to a “duty of candour” for public bodies and would strengthen the remedies for families in this area .
Sarwar, who will unveil the “Milly’s law” plan tomorrow at his party’s conference, told the Record:
“The idea actually came from campaigning that I’d seen [mayors] Andy Burnham and Steve Rotheram doing in Manchester and Liverpool, related around the so-called Hillsborough law.”
“It felt very similar to the situation we’ve seen here in Scotland, in particular with the QEUH and Milly Main’s tragic death being a central example of that.”
He said: “We have this approach in Scotland where we try to manage away....issues, conflict, crises, rather than addressing them head on.”
On Milly’s mum having to speak out in the media, he said: “The reality is the family shouldn’t have to share their tragic circumstances in such a public way, to open their lives in such a public way, and have to take on a system the way they do. “
Sarwar said vulnerable families should have access to a public champion rather than relying on lawyers either doing work pro bono or taking cases on a no-win, no-fee basis.
He said the “odds are stacked against” families, adding: “That’s why we’ll be proposing Milly’s law, which will give that right to people here in Scotland.”
He said it would have helped the families of the C.diff tragedy at the Vale of Leven hospital and the breast screening scandal at NHS Tayside.
Sarwar added: “These tragedies impact people regardless of how they vote in any kind of constitutional debate, or any kind of party politics. This goes beyond some kind of Labour, SNP, Tory divide, or some kind of Yes/No divide, or some kind of Leave/Remain divide.
“There are families who are being failed every single day in Scotland, and at the moment have to take on the system to try and get answers, have to share their stories in public to try and get answers. Let’s redress that balance.”
The Glasgow MSP will seek to introduce a member's bill at Holyrood on the subject.
To sign up to the Daily Record Politics newsletter, click here.
