The Scottish “named person” service is unlawful, says Nicholas Dobson
- The information sharing provisions in Pt 4 of the Children and Young People (Scotland) Act 2014 are incompatible with the rights of children, young persons and parents and may in practice result in a disproportionate interference with their Art 8 rights.
Child welfare is a pressing and emotional national concern. Children are inherently vulnerable and obviously need careful nurturing and protection to ensure their healthy growth and development. But striking a fair and lawful balance between the rights of children and those of their parents or guardians is rather like walking a swaying tightrope. Nevertheless, this tightrope must be successfully navigated by any venturing to legislate in this area.
The Scottish government consequently came unstuck with its undoubtedly well-meaning “named person” provisions in Pt 4 of the Children and Young People (Scotland) Act 2014 (the Act). For on 28 July 2016 the Supreme Court in The Christian Institute and others v. The Lord Advocate (Scotland) [2016] UKSC 51, [2016] All ER (D) 156 (Jul), decided that this measure as currently framed was ‘incompatible with
