One year anniversary of Max and Keira’s Law

Data released today by NHS Blood and Transplant shows that family and public support is helping save lives one year on from the introduction of Max and Keira’s Law. Thursday 20 May marks one year since Max and Keira’s Law (Organ Donation (Deemed Consent) Act 2020) came into effect in England, which saw the country shift to an ‘opt out’ system for organ donation. The law means that people in England are considered as willing to donate, unless they have opted out, are in one of the excluded groups [1] or have told their family they don’t want to donate. Similar legislation was introduced in Wales in 2015 and Scotland also switched to an opt out system in March this year.

The latest figures, collated up until 30 April 2021, show that so far since the law changed, 296 people in England have donated their organs after being considered as willing to donate as they had not expressed an organ donation decision during their lifetime. These donations account for 29% of all 1,021 donations that took place during the same time period and resulted in a total of 714 organs transplanted.  The number of donors and families supporting organ donation is particularly significant, given the fact that the English law change came into effect right in the midst of the first wave of COVID and the associated lockdown, a time that has brought immense challenges for patients  and their families who were often unable to visit, even when their loved one was seriously unwell.

Prior to the law change, around 80% of people in England said that they supported organ donation in principle, but only 38% had actually recorded their decision to donate. When asked, the majority said they just hadn’t got around to it.

Even though the law around organ donation has now changed, it is important to know that people still have a choice and families will still be consulted if organ donation becomes a possibility. Of all the families approached about organ donation between 20th May – 30th April, when the criteria for deemed consent applied, the consent rate (percentage of families agreeing for organ donation to go ahead) was 66%. In comparison, the consent rate was 92% for patients who had expressed their decision to donate.

Fiona Loud, Policy Director at Kidney Care UK, said: “It is encouraging to see the difference the law change is making already, but it still remains important to make your organ donation decision known to your family as they will always be involved in the discussions around organ donation should the worst happen.”

Secretary of State for Health and Social Care Matt Hancock said: “This month marks a year since we moved to a new opt-out organ donation system which has already started having an impact, and will save and transform thousands of lives in the future. Max and Keira’s Law reflects the majority of the public’s views that organ donation is the right thing to do, providing hope and comfort for families in some of the hardest moments of their lives. On this one-year anniversary, I continue to encourage everyone to talk openly about donation with their friends and family, and thank each and every person who has made their views known.”

The change in the law came about as a result of years of campaigning by patients waiting for transplant and families of those who have donated. One of those who campaigned for the change in the law was Simran Sahajpal.  At the time of the law change, 19-year-old Simran had been waiting for a kidney transplant for five years. Without a single potential call during that time, Simran knew her chance of a match was lower due to her South Asian background. Thankfully, just a few months later, Simran’s life-saving call finally came in September 2020.

Simran says: “After being diagnosed with Chronic Kidney Disease, and then end stage kidney failure at the age of 13, I began to think that my transplant call would never come. From March 2018 I was reliant on daily dialysis, which lasted for 10 hours every night. Being from an Indian background, I was told early on that I could end up waiting longer for my transplant. With the support of my parents we decided to start our own campaign to raise awareness of organ donation and hopefully encourage more people to support donation and speak with their families. Prior to the law changing, there were so many myths and misinformation circulating, I felt I needed to speak out and do something to ensure people had access to the real facts. It has been really encouraging to see people starting to listen and more people being willing to talk openly and support organ donation. When I finally got my call last September, I honestly couldn’t believe it. While recovery took some time, it was just wonderful to finally be free of daily dialysis and I have even been well enough to start university. I am just so grateful to the donor and their family who said yes and made all this possible.”

Fiona Loud added: “The Covid-19 pandemic has been very hard for patients, most of whom have had to isolate for the last year. Simran’s experience is sadly not unique – many people, particularly those from South Asian Communities, are waiting longer for a suitable kidney. Yet Max and Keira’s Law offers so much hope to those who are still waiting, in need of a kidney transplant. This encouraging news gives the hope and optimism that so many people need to keep them going.”

For more information, or to register your organ donation decision, please visit: www.organdonation.nhs.uk or call 0300 123 23 23. NHS app users can also use the service to record, check or update their organ donation decision.

[1] Those excluded include people under 18, those who lack the mental capacity to understand the new arrangements and take the necessary action; people who have lived in England for less than 12 months; those who are not living here voluntarily and those who have nominated someone else to make the decision on their behalf.