Government says Named Person scheme could be delayed by legal challenge

The introduction of the Scottish Government’s controversial Named Person scheme could be delayed due to legal action.

Deputy First Minister John Swinney wants to see the UK Supreme Court's ruling on the legislation, which was overwhelmingly passed by MSPs, before giving the go ahead.

The scheme, which will assign a named person to everyone under 18, was due to start from 31 August.

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However, if the judgement is not made in the next two weeks, that date will be put back.

The scheme would allow the named person - usually a senior teacher - to provide advice, information or support where appropriate to promote, support or safeguard the wellbeing of youngsters under the age of 18.

However, the policy has been criticised as overly intrusive, with the Scottish Tories among the main opponents of the legislation.

A group of charities - the Christian Institute, Family Education Trust, The Young ME Sufferers (TYMES) Trust and CARE (Christian Action Research & Education) - along with three individuals, have lodged an appeal against the scheme.

The UK Supreme Court has been asked to decide whether the provision is compatible with fundamental common law rights and the European Convention on Human Rights.

In September of last year, the Court of Session dismissed the campaigners' arguments as "hyperbole".

Swinney, in a letter to the Scottish Parliament's education committee, said there was a "theoretical possibility" that a judgement would not be made before 31 August.

He added: "It would not be prudent or responsible for government to commence legislation while a decision from the court is still pending as this would potentially create confusion on both practical and legal grounds.

"I would wish to make clear that this contingency planning in no way undermines this government's commitment to the named person policy."