Supreme Court Rules Against Child Protection Law

Supreme Court Rules Against Child Protection Law

The SNP’s controversial Named Person Scheme has been ruled unlawful by the UK’s Supreme Court.
The Scottish National Party introduced this policy with the aims of giving every child in Scotland a ‘named person’ who would be available to help and advise the child. The Scottish government argued that having designated person would help families address problems before they became more serious.

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The named person would also act as a liaison between the family and government services such as the health service, bereavement counseling and speech and language services.
However, many people have argued that the Named Person Scheme is an unnecessary state intrusion into private family lives and may even be incompatible with EU law.
Since the scheme was announced, many bodies have voiced concerns with the policy, and the campaign group No to Named Person was set up. This organisation argues that the scheme will intrude upon parent’s responsibilities and decision making for their own children.
Their main concerns include undermining family privacy; the fact the scheme is compulsory for every child in Scotland and that the scheme facilitate state intervention when there is no risk of harm only concerns about a child’s “happiness”.
The UK Supreme Court ruled that aspects of the scheme were incompatible with EU law. The ways of sharing information between named persons and other bodies were ruled unlawful.
However, despite the ruling, this is not necessarily the end for the Named Person Scheme. The Scottish Government have vowed to start work on addressing the non-compliant aspects of the scheme so that the policy can be introduced.

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