The Scotsman

SNP’S revived plans for Named Persons still flawed say top lawyers

- By SCOTT MACNAB

The revival of controvers­ial plans for a state-appointed Named Person for every Scots child could face another court defeat after legal chiefs warned the Scottish Government has failed to fix the flawed legislatio­n.

The latest proposals will still place an unfair burden on teachers tasked with sharing sensitive informatio­n about their pupils and threatens to undermine trust with families, according to the Faculty of Advocates.

These are broadly similar to the criticisms of the original bill which was rejected by the UK Supreme Court just over a year ago – and opponents yesterday stepped up calls for the legislatio­n to be scrapped.

Education secretary John Swinney immediatel­y pledged to bring back the plans which would see a single point of contact, such as a teacher or health visitor, appointed to look out for the welfare of all children.

The Faculty of Advocates has now warned Holyrood’s education committee that modified plans – the Children and Young People (Informatio­n Sharing) (Scotland) Bill – won’t work.

“Neither of these issues is easy to resolve and some of the criticisms of the Supreme Court will continue to apply if the bill as drafted is passed and the accompanyi­ng code of practice is approved,” the submission states.

The faculty said “clear and accessible” rules are needed for teachers, health visitors and social workers who would be required to assess whether sharing informatio­n is proportion­ate.

“We remain concerned that this is an exceptiona­lly difficult requiremen­t to impose on profession­als [and] risks underminin­g the trust of families and the willingnes­s to share informatio­n with the profession­als concerned.”

Judges had ruled last year that elements of the policy were “incompatib­le” with the right to privacy and family life as set out in the European Convention on Human Rights (ECHR).

Tory education spokeswoma­n Liz Smith said Mr Swinney should now drop the proposals.

“The Scottish Government should finally do the honourable thing and abandon this unwanted and expensive policy,” she said.

A spokesman for the No to named Person Campaign which led the fights against the original proposals branded the plans a “detested Big Brother scheme”.

Labour has always supported the principles of named person but education spokesman Iain Gray said: “The SNP government has botched the legislatio­n, made a hash of delivering the policy.”

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