Judge dismisses legal challenge to named guardians

A judge at the Court of Session in Edinbrugh has dismissed a legal challenge against Scottish government over proposals to appoint a “named person” for every child under 18.

The challenge was brought by a coalition of charities and individuals who argued it breached human rights.

Using the campaign vehicle ‘No To Named Persons (NO2NP)’, they contended that the provisions contained in the Act were outside the Parliament’s legislative competance and breached human rights.

However, Lord Pentland has ruled that the petitioners’ challenge “failed on all points”.

He observed that “the fact that the named person service will be provided for (nearly) every child and young person did not, in itself, necessarily mean that there will be a breach of Convention rights”.

The judge did not believe the provisions were “necessarily disproportionate to the legitimate aim of the legislation, which is to promote and safeguard the wellbeing of all children and young people in Scotland”.

And he concluded that the subject matter of the legislation was “within the devolved competence” of the Scottish Parliament, adding it was clear that the provisions did not relate to matters reserved to Westminster.

The Scottish government say the proposals will help vulnerable children and families with each child under 18 being assigned a “named person”, such as a teacher or health visitor, to ensure their welfare.

Commenting on the Court’s ruling, Children’s Minister Fiona McLeod said: “This decision is good news for families in Scotland. The ruling states that the policy does not contravene ECHR rights or EU law, was developed carefully over more than a decade with extensive input and wide support from experts and encourages professionals to work together. It also recognises that through prevention and early intervention the named person service seeks to put the best interests of every child at the heart of decision making.

“Named persons are being introduced because parents and children asked for them, as a single point of contact. They will build on the kind of supportive role that teachers, doctors, nurses and health visitors have long offered to children and parents. The service has been tested and is already working well in several areas of Scotland.

“We know that mothers and fathers are, with a very few exceptions, the best people to raise their children. This policy won’t change parental rights and responsibilities. The Children and Young People (Scotland) Act, including the Named Person service, was supported by a large majority of those who responded 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.”

A statement from NO2NP, who are considering an appeal, said: “We have the opinion of one judge on this matter but it is often the case that when such important and fundamental issues are being considered the matter goes before a bench of three or more.

“We were well aware when we embarked on this campaign that it could be a long and tortuous process involving more than one court case. We are prepared for that and are in this for the long haul.”

To read the judgement in full, visit: http://www.scotland-judiciary.org.uk/9/1367/Petition-for-Judicial-Review-of-the-Children-and-Young-People-%28Scotland%29-Act-2014