The Courier & Advertiser (Perth and Perthshire Edition)
Supreme Court hears appeal over ‘named person’ legislation
Four charities and three individuals object to the proposals
A legal challenge against Scottish Government proposals to appoint named public workers for every child is being heard at the Supreme Court.
Four charities and three individuals have lodged an appeal against the “named person” provisions.
Under the measure, contained in the Children and Young People (Scotland) Act 2014, a single point of contact, such as a teacher or health visitor, would be assigned to look out for the welfare of children under the age of 18.
The Scottish Government says the service will act as a safety net to help families and children if they need it while those opposed argue the move breaches the human rights of parents.
Under the scheme, the named person is required to exercise statutory functions, including providing advice, information or support where appropriate to promote, support or safeguard the wellbeing of the child or young person.
In July 2014, the Christian Institute, Family Education Trust, the Young ME Sufferers (“Tymes”) Trust and CARE ( Christian Action Research and Education) lodged a petition alongside three individuals for a judicial review challenging the lawfulness of the provisions.
The appellants claim the Act “authorises unjustified and unjustifiable state interference with family rights”.
The petition was refused by a judge at the Court of Session in Edinburgh in January last year but campaigners appealed the decision.
Three judges who reconsidered the case at the court in June refused the appeal, stating the legislation does not breach human rights or European Union law. A panel of five Supreme Court justices are now hearing an appeal over two days in London.
The court has been asked to decide whether the provision is compatible with fundamental common law rights and the European Convention on Human Rights, and laws on the sharing and disclosure of information from Westminster and the European Union.
Speaking ahead of the hearing, CARE for Scotland parliamentary officer Dr Gordon Macdonald said: “The Scottish Government’s named person scheme is very dangerous and will undermine parents and their role as the best guardians of their children.”
The scheme has received support from the Scottish Secondary Teachers Association (SSTA). Seamus Searson, SSTA general secretary, said: “A named person helps children and families get the right support at the right time from the right people.”
We remain utterly convinced this scheme breaches human rights laws and therefore needs to be scrapped or redrafted. DR GORDON MACDONALD, CARE FOR SCOTLAND PARLIAMENTARY OFFICER