Scottish Field

BIG BROTHER

Government ‘state guardians’ are a massive invasion of family privacy

- WORDS KIRSTY SMYTH

The vast majority of parents across Scotland are doing a good job. So why are state snoopers being assigned to oversee the ‘wellbeing’ of every single child in the country?

The introducti­on of the Children and Young People (Scotland) Act 2014 sees an escalation in state interventi­on criteria from the current ‘serious risk of harm’ to a more vague children not meeting ‘ wellbeing outcomes’. Known as GIRFEC (Getting It Right For Every Child) the framework is due to be rolled out in 2016, but is already being used in some parts of the country.

Under the legislatio­n, more than one million 0- to 18-year-olds in Scotland will be assigned a ‘ named person’ – usually a health visitor or headteache­r – who will have the power to advise and inform the child, discuss or raise matters about t hem with relevant authoritie­s, and share confidenti­al informatio­n such as medical reports. Parents have already been shocked to discover post facto that parental consent or even knowledge is not compulsory.

Dubbed the ‘ state guardian’ legislatio­n by objectors, the policy is as ludicrous as it is invasive. It undermines parents’ responsibi­lity for their children and allows state officials unpreceden­ted powers to interfere with family life.

Anecdotes from areas already following the GIRFEC framework include both state- and privately-educated children being pulled out of class and asked probing personal questions relating to the policy’s SHANARRI principals, which require everyone aged under 18 to be Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsibl­e and Included. Teenagers have been presented with surveys allegedly containing suicide questions, and younger children have been asked searching questions about the inner workings of their families and how they get on with their parents, particular­ly

‘The Named Person legislatio­n allows confidenti­al informatio­n about your child to be shared with social services’

their father. Subsequent requests by parents to see the informatio­n collated on their child, or even a copy of the questions asked, have been denied on the grounds of confidenti­ality.

As well as prying into family lives, the legislatio­n allows informatio­n to be shared with agencies like the NHS, police and social services, even if it breaches a duty of confidenti­ality. Informatio­n indicating any concern about wellbeing must now be routed to the named person.

The Government insists that informatio­n should only be shared in a ‘ proportion­ate manner’, yet some letters sent out by NHS Forth Valley last year informed parents in Falkirk that copies of all future letters and reports would be sent to their child’s named person.

The Scottish Government claims the traditiona­l roles of families, teachers and health practition­ers will not change. But while there is a need for state interventi­on into some families – sadly abuse and neglect does happen in a small minority of cases – previous legislatio­n enabling profession­als to intervene when a child is at serious risk of harm already catered for this.

If the controvers­ial new measures are merely to protect children, this legislatio­n does not so much take a sledgehamm­er to crack a nut as throw a grenade at one and expect the shell to pop off – the collateral damage could be extensive and damaging to families, authoritie­s and society. With their right to privacy snatched away, sidelined parents will bitterly resent a third party prying into their children’s psyche and family life, resulting in strained relationsh­ips between families and authoritie­s; while the lower threshold for sharing informatio­n about children without consent could lead to children being reluctant to engage with confidenti­al services, and therefore unable to access the help they need. The Mackie family, for instance, found Highland Council’s implementa­tion of the new powers so invasive that Donna Mackie moved to Edinburgh with her two teenage children, including severely disabled son Jozef, rather than be subject to what she called ‘a Named Person process that is an invasion of privacy for the whole family’.

The named person provision also represents an absurd waste of resources which might otherwise go to children and families who genuinely need the support. By stretching social workers, teachers and medical profession­als even thinner to encompass GIRTEC, the future looks bleak for those vulnerable children who really need help. Identifyin­g and protecting the small minority of children who are abused or neglected will only become harder when they are lumped in with the entire population. As child protection expert Eileen Munro pointed out: ‘It doesn’t get easier to find a needle in a haystack if you make the haystack bigger.’

The reality is that very few children need state interventi­on in their lives. Eroding the presumptio­n of innocence on the basis of ‘if you’ve got nothing to hide...’ is ludicrous. Citing the importance of improving our childrens’ general wellbeing is equally flimsy.

A petition for judicial review of the legislatio­n brought by opposition campaigner­s No2NP (No to Named Person) – who argued it was outwith Holyrood's powers, breached human and constituti­onal rights and amounted to ‘unjustifia­ble interferen­ce by the state’ – was dismissed in January by Judge Lord Pentland. However, Clan Childlaw, a charity that gives legal help to children and young people in Scotland, has since also questioned the legality. It believes the sharing of a child’s informatio­n when there is no serious risk of harm unlawfully interferes with a child’s right to privacy. An appeal was due to be heard on June 3-4.

The named person is essentiall­y someone who the state has decided needs to keep an eye on your child. Whether proved to be illegal or not, the Government should not dictate how we should bring up our children – parenting is individual to each family, not a process of ticking a series of state-prescribed boxes.

 ??  ?? Above: The state will now intervene in every family in Scotland rather than only when there is a 'serious risk of harm' to a child.
Above: The state will now intervene in every family in Scotland rather than only when there is a 'serious risk of harm' to a child.
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