Scotland's plan to have 'named person' for every child 'against human rights'

Plans by the Scottish government to introduce a named person to look after the welfare of every single child have been blocked.

Campaigners won a challenge in the UK's highest court to stop the legislation going through for now.

Here is what you need to know about it:

  • What is the named person legislation?

A new law passed in 2014 said every child in Scotland should have a named person - such as a teacher, social worker or health visitor - to look after their welfare up to the age of 18.

  • Why did the Scottish Government create the new law?

Scottish ministers say the service acts as a safety net to help families and protect children if needed.

Ministers had planned to roll out the scheme across Scotland later this summer.

  • Why is it controversial?

Objectors to the scheme argue not every child needs to have a named person and that the government has "gone too far".

They argue it legitimises state snooping and breaches the human rights of parents, eroding family privacy in favour of the state.

As it stands, information about a child can be given to the named person without the parent's permission.

Campaigners outside the Supreme Court in London. Credit: PA

  • Who brought the legal challenge?

An appeal against the law was brought by four charities - The Christian Institute, Family Education Trust, The Young ME Sufferers Trust and CARE (Christian Action Research and Education).

It was also brought by three individuals, Falkirk couple James and Rhianwen McIntosh and Deborah Thomas from Comrie, Perthshire.

  • What did the court decide?

Five judges sitting at the Supreme Court ruled the legislation risked breaching Article 8 of the European Convention on Human Rights - the right to family and private life.

It also said it risked breaching the rules on privacy and confidentiality and as presently drafted could not be given the go ahead.

The Scottish government now has an "an opportunity to address the matters raised in the judgment".

The McIntosh family were told their four children has been assigned named person before the law even came in. Credit: PA

  • What do the campaigners say?

Colin Hart, from the Christian Institute, said: "The ruling will come as a great relief to millions of people.

"Innocent Scottish families no longer have to wonder whether police, health and education officials are legally allowed to pass around sensitive medical data and family histories behind their backs."

Simon Calvert, spokesman for the No to Named Persons (NO2NP) campaign, said: "It's wonderful news for mums, dads and children all across Scotland who no longer have to worry about this unjustified invasion of their private lives.

"To many of them the named person scheme felt like a legal battering ram to gain access to their homes.

"The court has taken sides with ordinary families and put the Scottish Government back in its place."

  • What does the Scottish government say?

Scottish Deputy First Minister John Swinney insists the campaigners' bid to scrap the named person scheme has "failed" as amending the wording of the law could still allow it to go through.

He said it would still be "implemented nationally at the earliest possible date" once changes have been made.

"Ministers remain absolutely committed to the named person policy, developed over several years in consultation with a wide range of individuals and organisations working across Scotland, to support children and families."

  • What happens now?

The court ruled the law cannot be brought in to force "in the meantime" and the Scottish government now has six weeks to make the address the matters raised.