NAMED AND TAMED
Scots Government have 42 days to save their flagship child protection policy after Supreme Court rules it is illegal
NICOLA Sturgeon’s flagship child protection measure was in chaos last night after the Supreme Court ruled it breached human rights laws.
The controversial named person policy aims to appoint a single point of contact, which would usually be a teacher or health visitor, to monitor the welfare of children under 18.
It includes the power to access and share private data on children and parents between different authorities and agencies.
SNP ministers argue the service will act as a safety net for vulnerable children and help prevent repeats of high-profile abuse cases like toddler Liam Fee.
But opponents insist it breaches the human rights of parents and they yesterday won a major victory in the Supreme Court in London.
The panel of five senior judges said the aim of the legislation was “unquestionably legitimate and benign”.
But they ruled proposals about information sharing may breach Article 8 of the European Convention on Human Rights, which protects citizens’ privacy and confidentiality.
They said the legislation made it “perfectly possible” confidential information about a young person could be disclosed to a “wide range of public authorities without either the child or young person or their parents being aware”.
The court has given ministers 42 days to set a timetable to rectify the legislation and ruled it cannot be brought into force until then.
Both sides claimed victory after the complex ruling.
Education Secretary John Swinney insisted the government would move to “provide greater clarity” about information-sharing and would start work immediately on the necessary amendments.
The Deputy First Minister added: “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. The service will be implemented nationally at the earliest possible date.
“Ministers remain absolutely committed to the policy.”
The judgment ruled that the principle of providing a named person for every child does not breach human rights and is compatible with EU law and rejected a claim the legislation relates to reserved matters.
Simon Calvert is a spokesman for No to Named Persons (NO2NP), who have spearheaded the public campaign against the scheme.
He 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.
“This proposed scheme was intrusive, incomprehensible and illegal.
“This ruling means the Scottish Government has been blocked from implementing this scheme on August 31. It must scrap its plan for state snoopers with intrusive data-sharing powers.”
Scottish Conservative leader Ruth Davidson campaigned against the legislation in May’s Holyrood election.
She said: “It’s a victory for campaigners who have exposed this from the outset as illiberal, invasive and deeply flawed.
“Simply put, the SNP does not know better than parents when it comes to raising their children.
“We have consistently argued against the named person legislation on grounds of principle and practicality.
“I hope today’s ruling will make the SNP stop and think again.
“If the Scottish Government arrogantly tries to implement this anyway – as it has threatened to do – it will face a heavy reckoning from parents who rightly want to be able to raise their children without state interference.”
Labour’s education spokesman Iain Gray, who voted for the legislation, also put the boot in.
He said: “The Government’s handling of the scheme has been a shambles from the beginning, and this ruling confirms that.
“Labour will always support the need to protect vulnerable children and ensure families get the support they need and deserve.
“In light of this ruling, however, the implementation of this scheme must be paused for as long as it takes to sort it properly. That is the case Scottish Labour have made for many months now and it is more compelling than ever following the court decision.”
An NSPCC Scotland spokesman said: “It is now for the Scottish Government to determine next steps, but it is essential that they ensure that any system is effective in protecting children and we would urge that their commitment to early intervention is not diminished.”