Tuesday, 8 August 2017

Planned reforms are irresponsible

[Alison Preuss]

"Education secretary John Swinney unveiled changes to the SNP's Named Person scheme at Holyrood in June, almost 12 months after the UK Supreme Court ruled many parts of it illegal."

"In particular, the judges said widespread sharing of family data on the basis of concerns about a child's wellbeing was not compatible with data protection and European human rights laws."

"The planned reforms will instead put the onus onto teachers, NHS staff and social workers to decide whether data sharing would be legal in each case..."

"Allan Norman, who specialises in this area, said: `We have new draft legislation that says, roughly, that officials should share information, provided it is consistent with human rights and data protection laws to do so. True. But I'm afraid that simply shifts the risk to the officials who have to work out what the law means`. "

"`That is grossly irresponsible, and doomed to disaster, if those officials and the Scottish Parliament are looking to exactly the same people as didn't appreciate in the first place that they were getting it wrong, and think that the Supreme Court ruling narrowly applies only to the previous draft legislation`..."

1 comment:

  1. [Leslie Scott, Third Force News]

    "The reality we now face is even more confused, chaotic and nonsensical than before the UK Supreme Court ruling. Under this new named person bill information on children and their families will still be gathered, stored and assessed. It fails again to offer any clear legal definition of ‘wellbeing’ but expects practitioners to share information on that lower, undefined, unlawful threshold, but within a legislative context of the higher threshold of ‘welfare’."