Supreme Court to rule on Named Person scheme

Judges in the Supreme Court will publish their decision on the Scottish government’s “Named Person” scheme next week, with the court unusually offering a preview of the judgment to the media an hour before its publication.

The case was taken to the Supreme Court after Scottish courts rejected evidence that the Scottish government had exceeded its powers in passing the Named Person provisions contained in the Children and Young People (Scotland) Act 2014.

The law would provide each child in Scotland with a “Named Person” to protect their “wellbeing”. It will come into effect on August 31 if the court rejects the appeal.

The Christian Institute is spearheading the legal challenge to the scheme, arguing it is an unjustified interference in family life.

Institute director Colin Hart said: “We have long argued that the scheme breaches laws protecting privacy and contravenes the rights of both parents and children.

“The Scottish government is rightly concerned about child protection, but by undermining parents it is going about it in completely the wrong way.

“The authorities do have a part to play of course – but a universal scheme is fatally flawed.

“If the scheme is given the go-ahead, fewer vulnerable children will get the help they need, and more innocent families face unwarranted state intrusion.”

State officials will have the job of monitoring children’s wellbeing, which has been described in guidance as being another word for “happiness”.

The Supreme Court hearing took place before Lady Hale, Lord Wilson, Lord Reed, Lord Hughes and Lord Hodge.