In light of the unfolding tragic news stories regarding the Mortonhall baby ash scandal David Short, Partner examines if the crematorium is in breach of the law.
Reports in the media suggest that crematorium staff placed the remains of the deceased babies in cardboard boxes and buried them on site whilst telling parents that there were no ashes to scatter or retain from the cremations. The Cremation (Scotland) Regulations, 1935 Act states section 17 states that:
‘After the cremation of the remains of a deceased person the ashes shall be given into the charge of the person who applied for the cremation if he so desires. If not, they shall be retained by the Cremation Authority and disposed of in accordance with any arrangement made with the said person and in the absence of any such arrangement they shall be decently interred in a burial ground or in land adjoining the crematorium reserved for the burial of ashes.’
In the case of Mortonhall, if the allegations are correct, it would appear that the appropriate duties were not followed and the crematorium has been in breach of the law.
 If you have any enquiries regarding the above matter you can call David Short on 0131 200 1285 and speak to him in confidence regarding possible compensation.