Government to press ahead with Named Person law despite court ruling against it

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Deputy First Minister John Swinney has pledged to press ahead with the Scottish Government’s controversial plan to introduce a named professional for every child in Scotland despite the UK’s highest court ruling against it.

Opponents of the Named Person scheme appealed to the Supreme Court in London after their case was dismissed by the Court of Session in Edinburgh last year.

The scheme assigns a single person such as a teacher or health visitor to take responsibility for a child’s welfare until the age of 18.

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However, the judges today said some proposals breach rights to privacy and a family life under the European Convention on Human Rights.

The court has given the Scottish Government 42 days to respond.

Scottish ministers have said the system will help to protect young people and has accused opponents of misrepresenting the legislation, which was approved by 103 votes to nil by MSPs when it formed part of the Children and Young People Act in 2014.

Swinney said the ruling meant the Scottish Government had to provide greater clarity about how health visitors, teachers and other professionals supporting families will share and receive information in their named person role as part of data protection issues. 

However, Swinney insisted that the government would introduce it as soon as possible. 

He said: “I welcome the publication of today’s judgment and the fact that the attempt to scrap the named person service has failed.

“The Supreme Court has stated that the aim of the legislation, in promoting and safeguarding the wellbeing of children and young people, is ‘unquestionably legitimate and benign’. It makes clear that the principle of providing a named person to support children and families does not breach human rights.

“The court’s ruling requires us to provide greater clarity about the basis on which health visitors, teachers and other professionals supporting families will share and receive information in their named person role. We will start work on this immediately so we can make the necessary legislative amendments. The service will be implemented nationally at the earliest possible date.

“Ministers remain absolutely committed to the named person policy, developed over several years in consultation with a wide range of individuals and organisations working across Scotland to support children and families.

"We will work closely with local authorities, health boards and other key public service partners to ensure that those performing the role have the support and guidance they need ahead of implementation.”

Full judgement here