The Scotsman

Headteache­rs may face parents court action under Named Person scheme

- By SCOTT MACNAB @scottmacna­b

Scots headteache­rs could find themselves facing court action under controvers­ial new Named Person proposals, legal chiefs have warned MSPS.

The proposals place a “duty to consider” issues of child welfare on teachers and health visitors who will be appointed to the role of Named Person for all youngsters in Scotland. MSPS heard concerns from legal experts and NHS staff about the changes amid fears that frontline staff will have lawyers on “speed dial” because they are unsure of which informatio­n to pass on.

There are also fears that the new burden on staff to pass on informatio­n will affect their core jobs of teaching and providing health care.

The controvers­ial legislatio­n has been brought back to the Parliament after it was ruled illegal by the UK Court of Session last year.

Kenny Meechan of the Law Society of Scotland and QC Janys Scott from the Faculty of Advocates told Holyrood’s education committee yesterday that the changes would be a minefield for staff.

The dilemma facing teachers will see them forced to consider whether informatio­n they gather about each youngster, covering areas like their results in class, should be shared with social work staff. It also covers knock-on scenarios like whether sharing will “result in a problem which is more serious than not sharing”.

Ms Scott said: “The thought of a primary teacher sitting down at four o’clock in the middle of marking a load of books and thinking this one through without help and trying to make their way through a code of practice on things whic hi, as a lawyer, would find difficult in the knowledge that if they get it wrong, it’s going to be raised in a court of law, that strikes me as something which would be unattracti­ve.”

Mr Meechan added: “I could imagine an awful lot of people who are given Named Person responsibi­lities having their legal department­s on speed dial.”

Asked if individual teachers could find themselves facing litigation from parents over the way they share – or don’t share – informatio­n, Ms Scott replied: “Potentiall­y.” But Mr Meechan said this was unlikely, adding; “Simply making the judgment call incorrectl­y comes back to the employer organisati­on rather then the individual.”

But Liberal Democrat MSP Tavish Scott pointed to new legislatio­n being passed at Holyrood which would make headteache­rs “accountabl­e in law” for their school and taking on “corporate responsibi­lity” and suggested this could leave them open to litigation.

Ms Scott added; “That drives down responsibi­lity from the local authority to the school itself, yes I can see that.”

Both legal chiefs accepted that “potential” for headteache­rs facing litigation could arise in this scenario.

Lorna Greene, of the Royal College of Nursing (RCN) Scotland, said there was “confusion and nervousnes­s” among nurses about the changes after the Supreme Court decision.

“RCN thinks it could potentiall­y have quite a significan­t impact in the form of leading to defensive practice,” she added.

“By introducin­g a duty to consider, we’re worried profession­als might find themselves becoming nervous and wanting to evidence and sort of cover all their bases which would take time away from that meaningful face-to-face interactio­n.”

 ??  ?? 0 Legal experts warned MSPS yesterday that the new Named Person proposals could leave teachers and health service staff facing a legal minefield
0 Legal experts warned MSPS yesterday that the new Named Person proposals could leave teachers and health service staff facing a legal minefield

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