Named person policy changes criticised

Measures to clarify how information should be shared as part of the named person scheme do not go far enough, lawyers say.

The Faculty of Advocates said it is concerned steps taken by the Scottish Government will not address issues raised in a legal ruling on the policy.

The Children and Young People (Information Sharing) (Scotland) Bill was drafted after campaigners against the scheme brought a successful challenge to the UK Supreme Court.

Judges ruled that parts of the policy were “incompatible” with the right to privacy and family life as set out in the European Convention on Human Rights.

In a submission to Holyrood’s education committee, the faculty said the two principal issues with the original legislation were a “serious” lack of clarity for those implementing it and a lack of safeguards for those affected.

“Neither of these issues is easy to resolve and some of the criticisms of the Supreme Court will continue to apply if the Bill as drafted is passed and the code of practice is approved,” it said.

The faculty said “clear and accessible” rules are needed for teachers, health visitors and social workers who would be required to assess whether sharing information is proportionate.

“We remain concerned this is an exceptionally difficult requirement to impose on professionals in respect of every child in Scotland.

“Its imposition risks making their job considerably more difficult and undermining the trust of families and the willingness to share information.”