Lawyers criticise children plans

A Scottish Government proposal to provide a named person for every child has been questioned by the professional body for solicitors.
The plan could interfere with families’ right to respect for private and family life, and amounts to disproportionate state interference, potentially conflicting with human rights, according to the Law Society of Scotland.

The measure could also cause practical problems, with staff and services in areas such as social work, health and education being diverted away from where they are most needed, the society says.

Assigning a named person for every child from birth until they reach 18 is proposed in the Children and Young People (Scotland) Bill.

The named person, such as a social worker or teacher, would be responsible for safeguarding the child’s welfare and liaising with the family. The person could also raise a matter about the child with a relevant authority.

In its written evidence to Holyrood’s Education and Culture Committee, the society argues that the provisions could conflict with article eight of the European Convention on Human Rights (ECHR).

Morag Driscoll, convener of the society’s Family Law Committee, said: “The policy aims behind this legislation are admirable and we recognise the genuine effort to improve the lives of children and young people in Scotland. However, we are not convinced that this legislation achieves those aims.

“The proposals could interfere with article eight of ECHR, the right to respect for private and family life, as there is scope for interference between the role of the ‘named person’ and the exercise of a parent’s rights and responsibilities. It could be interpreted as disproportionate state interference.

“We are also unclear about how this legislation will work in practice and in particular, the resources required to administer the ‘named person’ scheme. We all want law that is clear, proportionate and enforceable. It is still early in the parliamentary process for this legislation so we hope the Scottish Government and MSPs will be able to reflect on these points.”

The society’s submission follows concerns raised by members of the Education Committee over how the measure would work in practice.