Friday, 4 March 2016

Named Person scheme could breach young people`s human rights

"The controversial law guaranteeing a 'named person' for every child in Scotland could breach young people's human rights, a legal charity has warned."

"Clan Childlaw is to tell the UK Supreme Court next week that agencies such as health, education and social work will be justified in sharing information about a child merely on the basis of concerns about their wellbeing, rather than the previous much tougher test of being 'at risk of significant harm'. "

"This means children can have virtually no expectation of privacy or confidentiality, the charity says, breaching article eight of the European Convention on Human Rights. "

"Clan Childlaw gives legal help to children and young people in Scotland, and is intervening in the judicial review of the Young People (Scotland) Act 2014, which has been brought by the Christian Institute and other groups. "

"These groups are primarily concerned that the appointment of named persons - usually headteachers of school age children and health visitors where a child is pre-school - is an unwarranted intrusion on family life. The court has agreed to hear an intervention in the case by Clan Childlaw, meaning judges recognise it could provide helpful new information. The case is to be heard on Tuesday and Wednesday next week..."

"Clan Childlaw's advocate will try to persuade the judges - including Baroness Hale, of Richmond, who is known for an interest in children and human rights - that sections of the act relating to sharing and disclosing of information could be changed, to render it compatible with article eight of the EHCR."

"However the groups which originally brought the case are looking for the law to be thrown out altogether..."

"The Scottish Government continues to defend the appeal."

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