Supreme Court Rules Against The SNP's "Named Person" Scheme

    The flagship policy would allocate a guardian to each child in Scotland.

    The UK's most senior legal body has ruled that the Scottish government's plan to allocate a guardian to each child in Scotland is unlawful in its current form.

    The "named person" scheme, which has been riven with controversy since its inception over fears it would breach family privacy, is one of the SNP government's flagship policies.

    It would have appointed a guardian figure – such as a teacher or health visitor – for every person under 18, and this person would offer advice on how the child is brought up. It was due to come into effect at the end of August, but will now be delayed.

    Opponents of the scheme, who joined together to form a group called No2NP, took their case to the UK's supreme court, which, in a blow to the Scottish government, ruled on Thursday that the law "cannot be brought into force as it stands".

    UKSC allows 'named person' appeal: Part 4 of C&YP Act breaches ECHR & cannot be brought into force as it stands 1/3 https://t.co/E4fDw2jrw1

    In its ruling, the supreme court said the aims of the scheme were legitimate but, as it stands, parents may wrongly believe the advice given by a named person is compulsory, and that there is not currently enough guidance on how much private information can be shared with a named person.

    Deputy first minister John Swinney said the ruling made it clear that the scheme was "legitimate and benign", but conceded that the Scottish government would now have to modify the legislation to make sure it can be brought into effect as soon as possible.

    “The court’s ruling requires us to provide greater clarity about the basis on which health visitors, teachers, and other professionals supporting families will share and receive information in their named person role," said Swinney.

    "We will start work on this immediately so we can make the necessary legislative amendments. The service will be implemented nationally at the earliest possible date."

    A Scottish government source said: "The challengers aimed to have named person blocked. They failed to achieve that."

    However, the leader of the Scottish Conservatives, Ruth Davidson, accused the Scottish government of "hubris".

    Supreme Court rules Named Person legislation breaches human rights. SNP says they're going to impliment ASAP anyway. Hubris.

    In a statement, Davidson said the ruling was a victory against a piece of "illiberal, invasive, and deeply flawed" legislation, adding: "Simply put, the SNP does not know better than parents when it comes to raising their children.

    "We have consistently argued against the named person legislation on grounds of principle and practicality. I hope today's ruling will make the SNP stop and think again.

    "If the Scottish government arrogantly tries to implement this anyway – as it has threatened to do – it will face a heavy reckoning from Scottish parents who rightly want to be able to raise their children without state interference.”

    The Scottish Liberal Democrats have demanded that the Scottish parliament, currently on summer recess, is recalled to scrutinise the unlawful parts of the named person legislation.

    “This is hugely serious," said Tavish Scott MSP. "Parliament was asked to support a flagship piece of legislation. The highest court in the UK has today ruled sections of it as unlawful.

    "We need to know quickly what changes will be made to comply with this decision and MSPs must be given the chance to agree on the way ahead. A recall of parliament is the only way to ensure that reforms receive the scrutiny required.

    "This is not a decision for a minority minister to make in his office. It needs full parliamentary approval."