Named person: Supreme Court rules against scheme.

Supreme Court says changes must be made to legislation

The Scottish Government’s controversial named person scheme has been ruled unlawful by the Supreme Court.

Top UK judges unanimously decided part of the 2014 legislation is incompatible with Article 8 of the European Convention of Human Rights in relation to family life and privacy because of its information sharing provisions.

The scheme sought to appoint a state official for every child in Scotland, to monitor their wellbeing, with powers to access and share private data on children and parents, and provide advice.

The court said the aim of the act was “unquestionably legitimate and benign” overall. The policy was due to come into force in August but ministers will now have to go back to the drawing board to address the information-sharing issues.

The court has given the Scottish Government 42 days to rectify the legislation, saying that in the meantime it “cannot be brought into force”.

John Swinney, Deputy First Minister and Education Secretary, said: “The court’s ruling requires us to provide greater clarity about the basis on which health visitors, teachers and other professionals supporting families will share and receive information in their named person role.

“We will start work on this immediately so we can make the necessary legislative amendments. The service will be implemented nationally at the earliest possible date.”

The judgment ruled the principle of providing a named person for every child does not breach human rights, is compatible with overall EU law and rejected a claim the legislation relates to reserved matters.

Simon Calvert, spokesman for No to Named Persons, said: “We are delighted with the decision, which proves our concerns and those of the 35,000 people who signed our petition were properly founded.”

Stuart Waiton, a sociology lecturer at Abertay University in Dundee, has been a leading figure in the campaign against the named person legislation and was at the Supreme Court to hear the ruling.

He said: “For all the flaws in how the Supreme Court work, this ruling says this policy undermines family privacy.”

Dr John Halliday, rector of Dundee High School, said: “As one of the proposed named people, I look forward to an explanation regarding the next steps from the Scottish Government.”

Ruth Davidson, the Scottish Conservative leader, said: “If the Scottish Government arrogantly tries to implement this anyway – as it has threatened to do – it will face a heavy reckoning from Scottish parents who rightly want to be able to raise their children without state interference.”

The Lib Dems called for the Scottish Parliament to be recalled for a vote on the changes but Presiding Officer Ken Macintosh maintained there is no need to recall parliament.

Labour’s education spokesman Iain Gray branded the plans “a shambles from the very beginning”.

Any changes will pass at Holyrood, however, after the Scottish Greens confirmed they will continue to back the legislation.

Picture: PA Campaigners against the named person scheme gather outside London’s Supreme Court yesterday.