REVISED plans to introduced a state-appointed guardian for all youngsters could be defeated again in court after the Scottish Government failed to fix flaws, it is claimed.
The Faculty of Advocates claims steps taken by the Scottish Government to address issues raised in a legal ruling on the controversial named person policy do not go far enough.
Aimed at increasing child protection, the plan would see a teacher, health visitor or other person given responsibility for looking out for the welfare of children.
Last year judges at the UK Supreme Court ruled elements of the legislation were “incompatible” with the right to privacy and family life, as set out in the European Convention on Human Rights (ECHR).
Changes have been drawn up but the Faculty of Advocates claims they will not resolve these issues.
In a submission to Holyrood’s Education Committee, which is examining the new Bill, the lawyers’ body said the two key issues – a lack of clarity for named persons and of safeguards for those affected – remain.
The No To Named Persons (NO2NP) campaign said the SNP administration “would be better off scrapping the scheme altogether” and Tory MSP Liz Smith called on the Scottish Government to “abandon this unwanted and expensive policy”.
However, Holyrood ministers are “confident” the new version they want to present to parliament “fully addresses” the problems.
The faculty said “clear and accessible” rules are needed for teachers, health visitors and social workers who would be required to assess whether sharing information is proportionate, adding: “We remain concerned that this is an exceptionally difficult requirement to impose on professionals in respect of every child in Scotland.
“Its imposition risks making their job considerably more difficult and undermining the trust of families and the willingness to share information with the professionals concerned.”
It also raised concerns that the issue of informing a child or parent that information will be shared, and of obtaining that person’s consent, is not on the face of the Bill, stating: “These issues are sufficiently fundamental to be referred to within the legislation itself, rather than simply being dealt with in the code of practice.”
The Scottish Government said: “We are confident that the Children and Young People (Information Sharing) (Scotland) Bill fully addresses the issues raised by the UK Supreme Court.
“It will bring consistency, clarity and coherence to the sharing of information about children’s and young people’s wellbeing across Scotland. The Bill will be subject to scrutiny and approval by the Scottish Parliament and we will continue to listen to views of stakeholders.”
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