Charities in court over the ‘named persons’ law

SCOTTISH Government plans to appoint ‘named persons’ to look after the well-being of children do not breach human rights, a court was told yesterday.

A coalition of charities and individuals has challenged the named person service provisions and linked data sharing measures in the Children and Young People (Scotland) Act 2014 in a judicial review. They maintain the measures are outside the legislative competence of the Scottish parliament and are incompatible with human rights and EU law.

The move is contested by the Scottish Government.

The campaigners contend that the creation of a named person service amounts to interference in family life that cannot be justified either at common law or in terms of the European Convention on Human Rights.

But Alistair Clark, QC, for the Scottish ministers, told the Court of Session that although an argument had been advanced including correct statements about the

‘No interference with any right’

importance of family life, what had not been addressed was how the provisions at this stage amounted to an interference with some fundamental right.

He added: ‘In my submission, and this applies to both data sharing and the named person, at this stage there is no interference with any convention right.’

Mr Clark said the petitioners were simply ignoring the fact that when it came to the actual exercise, compliance with convention rights would be required.

The campaigners maintain in written pleadings: ‘The named person provisions are incompatible with at least the following fundamental rights: the right to respect of private life, for family life and for the integrity of the home; and for the rights of parents to determine in accord with their conscientious and/or religious informed beliefs the proper approach to the welfare and upbringing of their children.’

The hearing continues.