Thursday, 20 November 2014

Making a complaint about a named person ?

Aileen Campbell MSP
Apart from the potential incompatabilities with Article 8 of the European Convention on Human Rights, and the Data Protection Act, the Children and Young People (Scotland) Act 2014 fails to safeguard parents and children against the overzealous, incompetent or malicious actions of named persons.

As reported in "According to Part 4 Section 30 of the Act, every single one of the following matters – for which there is no current statutory provision – is to be resolved at some unspecified future time, by order, by Scottish Ministers."
(a) matters which may, or may not, be the subject of a complaint;
(b) who may make a complaint;
(c) how a complaint may be made;
(d) time limits for making complaints;
(e) steps which require to be taken before a complaint may be made;
(f) who is to consider a complaint;
(g) the procedure for the consideration of a complaint;
(h) the obtaining of information for the purpose of considering a complaint;
(i) the keeping of records in relation to complaints or their consideration;
(j) the making of findings, and reporting, following the consideration of a complaint.
"ForArgyll has been unable to discover the existence of any Statutory Guidance for Part 4 of the act [on the problematic Provision of Named Persons]."

"This means that, with the permission of the Scottish Government [against assurances it had given], this provision was speedily implemented by local authorities, potentially giving rise to complaints – with no Statutory Guidance to this part of the Act available to the responsible authorities or to the Judiciary."

To read about other anomalies see below:
The lack of provision to resist disproportionate state interference by Named Persons is surely also a breach of Article 6 of the Human Rights Act given that by June 2014 there were five local health authorities who had Named Persons in place: Angus, Aryshire, Edinburgh, Highland and Stirlingshire.

No comments:

Post a Comment