Scots ‘named guardian’ legislation court challenge

A legal challenge to Government plans to appoint a named guardian for every child in Scotland has been formally lodged in court.

MSPs approved legislation earlier this year which will mean everyone up to the age of 18 will have a “named person” – such as a health worker or headteacher – assigned to look out for their welfare and well-being.

The No To Named Persons (NO2NP) group, spearheaded by the Christian Institute, wants to see the proposal challenged and it lodged legal papers today at the Court of Session in Edinburgh.

Lawyers for the group have already written a letter informing the Government that they are seeking a judicial review of section four of the Children and Young People (Scotland) Act.

Campaigners say the blanket nature of the named person provisions “constitutes a disproportionate and unjustified interference with the right to respect for individual family’s right to a private and family life”.

They claim the plan could be in breach of the European Convention on Human Rights.

But the Scottish Government said the legislation was supported by a large majority of those who responded to the public consultation and was backed by a wide range of children’s charities.

Simon Calvert, deputy director of the Christian Institute, said: “We’ve got a referendum looming and while our campaign is not aimed at that it has everything to do with independence. It’s to do with the independence of families and parents not to have state officials prying into their private lives.

“It’s strange that a government so committed to independence should be taking it away from families in this way.”

With papers now in court, campaigners are awaiting a date for an initial hearing and believe the process will take months to complete.

A Scottish Government spokeswoman said: “Named persons – usually a health visitor or a promoted teacher already known to the family – were first introduced in parts of Scotland following parents’ requests for a single point of contact for advice or help when needed, to avoid having to re-tell their story to different services.

“Nothing in the legislation changes parental rights and responsibilities because we know that mothers and fathers are, with a very few exceptions, the best people to raise their children.

“The named person policy is already operating successfully in a number of areas across Scotland where many heads, deputes and guidance teachers already fulfil this role.

“The legislation will provide a consistent approach nationally to promoting, supporting and safeguarding the wellbeing of all of Scotland’s children.

“We will continue to work with health boards, education authorities and others to promote best practice ahead of the national roll-out.”

She added: “We are confident that the legislation is compliant with the European Convention on Human Rights.

“The legislation was supported by the majority of responses to the public consultation, backed by a wide range of children’s charities and professionals working daily to support families across the country, and endorsed by the Parliament.

“Any actions or advice from the named person must be fair, proportionate and respect rights with the aim of promoting, supporting and safeguarding the well-being of the child.”

Scottish Conservative young people spokeswoman Liz Smith said: “Giving everyone up to the age of 18 a named person is not only completely unnecessary, but it undermines the responsibility of parents and families to an unacceptable degree.

“It also takes resources away from our most vulnerable children who are the very ones we should be trying to help.

“Instead, the system will leave us meddling in the lives of other children.”