THE Named Person scheme was introduced as part of the Children And Young People (Scotland) Act 2014.
Every child in Scotland is to have a Named Person appointed to them to provide a single point of contact for them or their parents, should they need support, information or advice.
As part of the Scottish Government’s Getting It Right For Every Child strategy, the plan was initially uncontroversial.
Despite early concerns about the provision of sufficient health visitors and the workload of teachers, both of whom are most likely to become Named Persons, the idea was widely supported by most charities, social services and health agencies working in the area of child welfare.
But as it became apparent the law allowed information to be shared about children more readily than before if authorities felt their welfare was at risk, opponents characterised it as putting a “state snooper in every classroom”. Critics accused the Government of wanting to interfere in family life by dictating, for instance, that children must be allowed to choose what colour their bedroom is painted.
A series of court challenges were dismissed as ministers stuck to their line the policy was designed primarily to simplify access to services, and that there had always been a need for agencies to share information should a child be deemed to be at risk.
In a case brought by the Christian Institute, the Family Education Trust, Christian Action Research and Education (CARE) and several other groups, the Court of Session backed the law, accusing its critics of hyperbole.
But in July last year the Supreme Court, while describing the intentions behind the law as “unquestionably legitimate and benign”, upheld an appeal on the basis the Government had overstepped its legislative competence in specific parts of the law relating to information sharing.
Judges said the legislation made it possible for confidential information to be shared about a young person to a wide range of public authorities without either the child or their parents being aware.”
The scheme, which was originally due to have been implemented across Scotland by August 31 last year was delayed, originally for a year and the Government pledged to consult on reforms.
However, Deputy First Minister John Swinney has always insisted he will press ahead with the plan and refused to consult those he viewed as opposed in principle to the idea of a Named Person.
In June ministers published The Children And Young People (Information Sharing) (Scotland) Bill intended to rectify the flaws in the legislation. This is to be accompanied by a binding Code of Practice on information sharing.
Now information is only likely to be shared without consent in cases where to do so would be to the detriment of the health or safety of a child or prevent the detection of a crime.
Ministers promised formal public consultation on the revised guidance, and has said the Government will work with Parliament to agree a timetable to enable the Named Person scheme to come into effect in 2018.
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