Campaigners to appeal named guardian judgement

Campaigners fighting the controversial named person scheme are to appeal after a judge rejected their claims that MSPs had exceeded their powers, breaching human rights rules and data protection laws.

The appeal has formally been lodged at the Court of Session just weeks after judge Lord Pentland turned down their claims in a Judicial Review aimed at having the legislation overturned.

Now three judges will be asked to consider the proposals again.

A spokesman for NO2NP said: “We are now more convinced than ever that this legislation is wrong for children, wrong for families and wrong for Scotland. The legislation has been a muddled mess since its inception and the concept has always been confusing.

“Remarkably, the guidance issued last week on how it would be implemented, which was supposed to clarify and illuminate matters, has only served to muddy the waters even more. It contains 109 pages of impenetrable, incoherent and incomprehensible politically correct double speak. Our specialist lawyer scrutinised the notes for three hours and was left bemused by how this scheme will work in practice.

“Imagine how a hard-working health worker or teacher with massive conflicting demands on their time is going to struggle to cope with such crucially important matters impacting on children and their parents.

“Our experts have trawled through the guidance and remain none the wiser about how a named person is supposed to carry out the role. Lord Pentland commented during the hearing that it looks like a Named person would need to have a Master’s degree in law to know what will be required, and this guidance confirms that. Instead of giving practitioners clear direction, the guidance just pushes the problems of how to operate the scheme over to them.”

“It’s left up to them to figure out how the competing legal demands on them should be reconciled. It’s mind-boggling to think quite how a busy teacher is supposed to digest the guidance and be able to decide how to act in any given situation.”

The Scottish government said it would be defending the appeal.

A spokesman said: “Last month the court rejected the petition on all four grounds and ruled it did not contravene ECHR rights or EU law.

“The ruling also found that the Named Person service was developed carefully over more than a decade with extensive input and wide support from experts and encourages professionals to work together.

“It also recognised that through prevention and early intervention, the service seeks to put the best interests of every child at the heart of decision-making.”