Legal bid opposing named guardians begins

LEGAL action against Scottish Government plans to appoint named guardians for every child is due to begin at the Court of Session in Edinburgh.
A legal bid to fight legislation to appoint named guardians for every child in Scotland has begun. Picture: Phil WilkinsonA legal bid to fight legislation to appoint named guardians for every child in Scotland has begun. Picture: Phil Wilkinson
A legal bid to fight legislation to appoint named guardians for every child in Scotland has begun. Picture: Phil Wilkinson

The measure is contained in the Children and Young People (Scotland) Act and assigns a “named person”, such as a teacher or health visitor, to look out for the welfare of every child under 18.

CONNECT WITH THE SCOTSMAN

Subscribe to our daily newsletter (requires registration) and get the latest news, sport and business headlines delivered to your inbox every morning

• You can also follow us on Facebook, Twitter and Google +

Hide Ad
Hide Ad

It is opposed by the No To Named Persons (NO2NP) campaign group, which argues that ministers have exceeded their powers and breached data protection laws and the human rights of parents.

Legal papers formally challenging the plans were lodged at the court earlier this year and a judicial review before Lord Pentland is due to begin on Tuesday.

The legal action is funded by donations from individuals and groups. The case will be argued by Aidan O’Neill QC, the campaign group said.

Colin Hart, spokesman for the NO2NP campaign group and director of the Christian Institute, said: “This is all about the fight to save families. Enormous issues are at stake.

“What could be more important than the rights of mums and dads to bring up their children how they see fit, not being dictated to by the heavy hand of meddling and interfering politicians and their army of taxpayer-funded state monitors?”

The legal challenge is being spearheaded by the Christian Institute (CI), the Christian charity CARE (Christian Action Research and Education), the Family Education Trust and Tymes (The Young ME Sufferers) Trust with the support of academics and individual parents. Donations to fund the case have been made from more than 70 different sources.

The Children and Young People (Scotland) Act received Royal Ascent in March.

A Scottish Government spokeswoman said: “The legislation, including the named person service, was supported by a large majority of those who responded to the public consultation, backed by a wide range of children’s charities and professionals working daily to support families across the country, and endorsed by the Parliament.

Hide Ad
Hide Ad

“As the legislation is currently the subject of a challenge in court, it would not be appropriate to comment further.”

SCOTSMAN TABLET AND IPHONE APPS

• Download your free 30-day trial for our iPad, Android Android and Kindle apps