The Supreme Court did not unhold the broad appeal on the basis of Article 8 of the European Convention on Human Rights [ECHR] – but it has upheld the narrower appeal on Article 8 which relates to the information sharing provisions in Part 4 of the Act.
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Theresa Fyffe, director of the Royal College of Nursing (RCN) Scotland, said the plan was needed to safeguard the welfare of children, but said changes had to be made so it could be delivered.
Judges gave the Scottish government 42 days to rectify the legislation which, if passed, would have appointed a named person, normally a teacher or health advisor, to every child in Scotland.
The landmark judgment in the case of The Christian Institute and Others v The Lord Advocate (Scotland) was written by senior Scottish judges Lord Reed and Lord Hodge, along with Deputy President of the Supreme Court Lady Hale.
“The Supreme Court cited worldwide human rights laws that protect the family and concluded, “Within limits, families must be left to bring up their children in their own way”.
“It’s a victory for campaigners who have exposed this from the outset as illiberal, invasive and deeply flawed”. They will not have powers to force a child or family to do anything, although parents will not be allowed to opt out of the scheme.
“This is a devastating blow for the Scottish Government which sought to brush off all criticism of its named person scheme as “scaremongering”.
Britain’s Supreme Court has ruled against a plan by the Scottish government to appoint a non-family member adult to look out for every child.
“This ruling means the Scottish Government has been blocked from implementing this scheme on 31 August”. Even the name is far from ideal.
The court has given the Scottish Parliament “an opportunity to address the matters raised in the judgment”.
Deputy First Minister John Swinney, who is also Scotland’s education secretary, has said the government will press ahead with the legislation and make the required changes.
“The court has taken sides with ordinary families and put the Scottish Government back in its place”.
Gray said: “The SNP Government’s handling of the Named Person scheme has been a shambles from the very beginning, and this ruling confirms that”.
Supporters say a pilot scheme in the Highlands has been successful, while charities point to benefits such as a reduction in “excessive red tape or delay” in helping families access services they need.
“In light of this ruling, however, the implementation of this scheme must be paused for as long as it takes to sort it properly”.
Ministers say they will amend the scheme and introduce it “at the earliest possible date”.
“In layman’s terms, the Supreme Court has said that the Scottish Government has overstepped the line drawn by Article 8 to protect and respect private and family life”.
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“The first thing that a totalitarian regime tries to do is to get at the children, to distance them from the subversive, varied influences of their families, and indoctrinate them in their rulers’ view of the world”.
