Legal challenge to SNP policy

Named person: Campaigners claim new legislation breaches privacy laws

A legal challenge against the SNP’s plans to assign a “state guardian” to every child in Scotland is due to start today.

Campaigners have called the proposed appointment of a public sector worker to all under 18-year-olds represents “unjustifiable state interference with family rights”.

They are hoping the UK’s Supreme Court will find the “named persons” provisions in the Children and Young People (Scotland) Act 2014 are incompatible with the European Convention on Human Rights, as well as breaching data and privacy laws.

A spokesman for No To Named Persons said £20 million has already been wasted on the project by the Scottish Government, on top of £40m earmarked to pay for extra health visitors.

“Spending this money providing Named Persons for every child and young person under 18 – and there are more than one million – increases the risk that the most vulnerable, those most in need of help, simply slip through the safety net,” he added.

Dr Gordon Macdonald, from Christian Action Research and Education, described the scheme as “very dangerous”, adding it will undermine parents.

Four charities and three individuals have lodged an appeal before the UK’s most senior judges after their case was rejected twice by the Court of Session.

The hearing is expected to last two days.

The Scottish Secondary Teachers Association (SSTA) has backed the policy saying it will help children and families get the “right support at the right time from the right people”.

A Scottish Government spokesman said: “The Court of Session has twice ruled in favour of our Named Person legislation and we are confident that the Supreme Court will uphold these rulings.

“The rulings recognised that the Named Person service was developed carefully over more than a decade with extensive input and wide support from experts and encourages professionals to work together.

“They also recognised that through prevention and early intervention, the service seeks to put the best interests of every child at the heart of decision making.