SNP ‘named person’ legislation is blocked by Supreme Court

THE Scottish Government has suffered a humiliating defeat in the UK’s highest court as its controversial “state guardian” scheme was ruled unlawful.

The decision by the Supreme Court blocks the planned start of the so-called named person service in August.

It is the first time the court has prevented a major piece of legislation passed by the Scottish Parliament from coming into force and the ruling is a serious blow for Nicola Sturgeon.

Critics claim the plan is a snooper’s charter that would allow the named person – usually a head teacher or health visitor – to interfere in family life.

The flagship legislation was intended to take effect next month when named persons were due to be appointed to look after the wellbeing of one million children and young people un- der 18. Critics said it would allow the named person to interfere in children’s television habits, their diet and even how their bedroom is decorated.

According to ministers, the legislation is needed to avoid further child abuse tragedies. But five judges at the Supreme Court ruled it was incompatible with human rights law, due to its plans to share personal information.

The judges said the Children and Young People Act 2014 was “unquestionably legitimate and benign”, but key proposals about information-sharing were “not within the legislative competence of the Scottish Parliament”.

The court has invited ministers to address the issues raised in its judgment within 42 days.

The five judges were unanimous in declaring that Holyrood had exceeded its powers by making a law which allowed public bodies to share sensitive private information about children and parents without consent. The judgment emphasises article 8 of the European Convention on Human Rights – on the right to a private and family life – and in a withering passage states: “The first thing that a totalitarian regime tries to do is to get to the children, to distance them from the subversive, varied influences of their families, and indoctrinate them in their rulers’ view of the world.”

Simon Calvert, spokesman for No to Named Persons (NO2NP) said: “The Big Brother scheme is history. It’s wonderful news for mums, dads and children all across Scotland.”

However, John Swinney, the Deputy First Minister, insisted the legal action had failed to scrap the service. He said the government would start work immediately to “provide greater clarity” about how information will be used under the scheme.