Keeping you up to date on the progress of the Named Person scheme and the NO2NP campaign.
The Deputy First Minister has claimed the Supreme Court defeat “does not require current policy to change” and that it “vindicated” the Parliament vote for the Named Person legislation.
John Swinney made the remarks during a statement on Named Persons to the Scottish Parliament today.
Reacting to the statement, NO2NP spokesman Simon Calvert said:
“This would be laughable if it were not so offensive to the parents whose human rights were so cavalierly ignored in the drafting of the Named Person law.
“The Supreme Court said the kind of widespread, routine sharing of sensitive personal data that the Government wanted is unlawful and a breach of human rights and cannot go ahead. It said this data sharing was ‘central’ to the Named Person policy and its ruling blew it out of the water.
“So whatever the Deputy First Minister may claim, the Named Person scheme he ends up with in a year’s time will be very different from the policy he wanted.
“Instead of focusing on saving face, the Government should be apologising to parents for ignoring their human rights.
“We welcome the Deputy First Minister’s pledge to consult widely with professionals and parents, including people who do not agree with the Named Person.
“The consultation, and the acknowledgement that it will take a year to draw up and implement the new proposals, is an admission that they have to heavily rewrite key aspects of the Named Person policy.
“The ‘business as usual’ message which the Scottish Government had been sending out since the Named Person ruling was in danger of leading local authorities to carry on with unlawful sharing of private information on families.
“Having spent years encouraging the widespread illegal sharing of sensitive personal data, they should now be doing everything they can to put a stop to it.
“Parents who feared that Named Persons were sharing embarrassing personal information behind their backs have been frightened by the Government’s bluster about barrelling on with the Named Person.
“Today, Mr Swinney has made clear that data-sharing needs to comply with the Data Protection Act and the Human Rights Act. That is welcome.
“Will his Government now also launch an inquiry to discover what illegal data-sharing has already taken place, and announce what they are doing to stamp it out?”
Full statement on Named Person – Deputy First Minister, 8th September 2016
Even those supporting the Named Person scheme are failing to coherently answer basic queries about the plans.
Speaking on BBC Radio Scotland, Alan Small, Chair of Fife Child Protection Committee, faced questions from presenter Kaye Adams about the catch-all, intrusive nature of the legislation.
Attempting to defend the scheme, Small said people understand that “at times” families need somebody to turn to, but Adams pointed out that it is unclear to what extent the Named Person will have the power or inclination to interfere or pry into family life.
When asked if a parent can hang up the phone on the Named Person and say they’re not interested, Small responded with an unconvincing “No. Er… Yes and No”. Hesitating, he said “it all needs to be taken into context with the needs of the child”.
This caused Adams to ask: “But who decides the needs of the child?”
To which Small asserted that it would be public services and the Named Person who decide.
Adams continued to probe asking: “And where’s the parent in that?”
Avoiding the question, Small instead spoke about “proportionality”, which he says is an important word to be used when discussing the scheme, but he was unable to explain what the word actually meant when pressed by Adams.
Adams said: “Define for me proportionality.”
Small replied: “I actually don’t think there is a definition suitable for proportionality… er… proportionality is fairly well understood in public services…”
Sociologist and Scotsman columnist Tiffany Jenkin has called for the Named Person scheme to be scrapped.
Writing in a comment piece for the Scotsman over the weekend, she said: “The named person scheme is an unprecedented and damaging intervention into family life that will direct help away from those most in need. It should be scrapped.”
She said: “Lumping parental responsibilities on state agencies will mitigate against children’s interests being served”.
Remarking on the process of childrearing, she said: “Most parents raise their children the same way: according to their own beliefs, hopes and dreams, with all the idiosyncrasies that accompany them, under the pressured, day-to-day realities of their busy lives – but they all do it with love. The nature of domestic life is that it is messy, but even when people get things a little wrong, and that’s not hard, everyone is trying to do their best.”
Jenkins asserted: “What everyone needs is to be allowed to get on with it. To be trusted to do a reasonable job, and not blamed for problems that are nothing, or not much, to do with childrearing.”
But she says this, “it would seem, is impossible”
She explained that, “in the last few decades, the family and the early years of a child’s life have been identified, in political circles, as the breeding ground for social problems. The family is fingered as the place where everything goes wrong: poor educational attainment, obesity, joblessness, stress, addiction, criminality, if not intentionally so, then accidentally so, according to policymakers.”
Jenkins warned: “Policymakers pose early intervention into a child’s life as the solution to any problem that might arise later. It is a flawed approach that has negative consequences: social solutions to such problems are neglected – structural issues are ignored; and the family has become the focus of intervention, intervention that seems to know no end.”
She said the assumptions behind this kind of approach “will cause more harm than good”.
Commenting on the Named Person scheme, she warned: “So every single child will have a named person – someone who is not their mum or dad, a member of their extended family, or in their circle of friends – to watch over them, and watch over their parents.
Jenkins highlighted: “Up until this scheme, professionals involved in children’s lives had to have a reason to be there: education, health or serious concerns about abuse. Up until this law, state intervention required justification – no longer is this the case.”
Source: Tiffany Jenkins: Named person law is troubling, The Scotsman, 03 July 2015
A Children’s Panel Member in Falkirk, which has been operating the ‘Getting It Right For Every Child’ (GIRFEC) approach for some time, has written to The Scotsman criticising the Named Person plans.
“My objections are as stated by many others, in the area of unnecessary state intervention into family life”, wrote David Donaldson.
He continued: “On a practical note, most government department’s administration is slow moving and woefully inefficient, with the obvious recent example of the police being unable to indicate numbers of stop and searches and blaming it on a “clunky’ computer.
“What chance, therefore, is there of an effective system of monitoring every child in Scotland up to the age of 18?
Donaldson raised concern that families in crisis, which “require a speedy, effective response from the relevant services”, will fall into the “black hole” of Government administration.
He said: “At present, Children’s Hearings receive reports from and attendance by Social Services, health visitors, and teachers, along with many other organisations such as Barnardo’s and Spark of Genius, as well as local ¬authority intensive crisis services.
“Many of these people who will be ‘Named Persons’ are already actively involved with families and doing excellent work. Families in crisis require a speedy, effective response from the relevant services but there is the real likelihood they will fall into the “black hole” that will be Government administration.
He asserted: “We do not need GIRFEC but what we do need is ‘Get It Right For Every Vulnerable Child’ and there are, unfortunately, still too many of them.
“If the Scottish Government has £40 million to invest it would be much better spent in bolstering the existing services which are often overstretched and swimming against the tide”.
Source: Scotsman Letters: Guard against ‘named person’ notion, The Scotsman, 06 July 2015
An editorial in a newspaper that supports the Named Person scheme has expressed concerns about the plans and called on the Scottish Government to revisit the threshold for the Named Person.
In a leader comment accompanying a front page article, Herald Scotland concluded: “Above all the change in the threshold for intervention from the more appropriate “risk of serious harm” to the vague “concern over welfare” should be reconsidered.
The paper said it had consistently supported the Named Person scheme “but as always with well-intended laws the devil lies in the detail or, more usually, the legislative guidelines”.
In the editorial it said “we report with concern today the findings which show that the consultation over the guidelines issued on the legislation shows that even among the organisations directly involved only 55% describe these as clear”.
It stated: “Among health boards, royal colleges, local authorities and third sector bodies, almost half do not believe the guidelines are adequate. The issues are not minor – clarity over the named person (NP) role, around when parents can be excluded from decisions, what happens when the relationship between the NP and family breaks down, these are all big questions.
The paper also said there had been a “failure to clarify the terms of intervention”, pointed out “pragmatic concerns” such as the extra workload on “already hard-pressed health visitors and head teachers”, and raised questions about human rights concerns for parents.
NO2NP spokesman said the consultation responses indicated the growing strength of public opinion against the proposals and added:
“The fact is, when the public get a chance to have their say about the Named Person, it becomes very clear they don’t like it. Parents hijacked the recent government PR event at Hampden and hammered civil servants with awkward questions about the Named Person. Now it looks like parents have hijacked this consultation to start a fight back against the Named Person scheme. On some questions, these individuals are almost unanimous in their disagreement with the Government. The Government analysis tries to sweep these figures under the rug but there is not getting away from it: the public do not like the Named Person.
“What is clear from the consultation is that people are afraid. Afraid of unnecessary and unwarranted breaches of their family privacy. Afraid the Named Person will be unaccountable. The Government analysis countenances “clarifying the circumstances” in which the Named Person can “exclude” parents from decision making. We are not talking about ‘at risk’ children where, of course, social services can make decisions over the heads of abusive or neglectful parents. No. The job of the Named Person is to monitor and enforce children’s happiness according to a Government checklist. The official information leaflet for parents says the Named Person can intervene in decisions about decorating a child’s bedroom or what they watch on TV. Is that the kind of decision from which parents might be “excluded”?
“And how can the Government still talk as if there is any scope for an “opt out” when their own lawyer told the Court of Session that allowing families to opt out would “defeat the purpose of the scheme”. There is no opt out in the legislation so how can there be one in the guidance?
“The Government document repeatedly highlights ‘organisational’ responses and ignores members of the public in order to scrape together 55% support for their Named Person guidance. But 98% of responses from individuals opposed it. Governments are infamous for trying to spin statistics but this is shocking.
Herald View — Getting it right for youngsters
The Scottish Daily Mail has revealed that the Scottish Government spent more than £100,000 on PR for the Named Person plans in recent weeks.
Taxpayers have paid the price for a series of events designed to promote the Getting it Right for Every Child (GIRFEC) scheme.
Around 600 people attended three regional events in Edinburgh, Glasgow and Perth, and the GETLive event at Hampden, where parents received £25 gift vouchers, as well as travel costs and catering.
A NO2NP spokesman described the move as a “fortune at a time of grim austerity”.
He added: “It’s an absolute outrage a government which is pleading poverty… can find this eye-watering amount of public funds to spend on PR for their own unpopular policy of state guardians.”
Around ninety parents, children and young people gathered at Hampden Park in Glasgow last Saturday to hear the Scottish government explain what their ‘named person’ scheme is all about.
The wheels appear to have fallen off the PR wagon though, as parent after parent took Phil Raines, Head of the Scottish Government’s Child Protection Policy Team, by surprise with their ‘off-message’ feedback.
• Why had the Government ploughed ahead with this scheme given the opposition?
• Why there had been no consultations with parents before now?
• Why was Highland Council‘s Bill Alexander’s word accepted on the success of the Pathfinder, when it had clearly not worked for many?
To his credit, Mr Raines accepted they had got it wrong and there was a lot more they need to think about. But if he thought his attempt to dress up GIRFEC as being about support, not intervention (although the concept of “early intervention” is referred to frequently in the Government’s draft guidance), would put parent’s minds at rest, he was mistaken – the questions kept coming.
• How are the professionals involved going to be trained?
• How will they be taught to work together across agencies using a common language, particularly when they are currently so bad at it?
They raised the issue of too many people being involved in sharing information and pointed out that this would only get worse when the legislation comes into force next year. (No comment from Phil Raines at this point, but he was seen taking copious notes.)
Further questions were asked about the funding of the scheme and managing complaints.
• How will it be maintained?
• Where is the money coming from now? Where will it come from in the future?
But there was no action plan for the future in terms of funding – not even a plan for a plan!
• How will a Named Person and any complaints against them be reviewed and monitored and who will do the monitoring?
• Who will train the monitors?
• Where do families fit in when there is a breakdown between the monitor and the Named Person?
Lots of good questions, but no answers except: “we have to re-think; we have realised it’s a larger issue than we had thought”.
But these determined parents weren’t finished yet.
They insisted that no local authority should launch or roll-out any aspect of the scheme on their own timetable. There must be only one launch date, the programmes already being rolled out by authorities such as Perth & Kinross and Forth Valley, must be pushed back. Everyone must stop the roll out until parental agreement has been reached – it can’t be launched before that.
By this time the ‘ideas’ board at the front had so many post-it notes on it, they were falling off! No wonder it will be three months or more before they write all this up for the participants.
Next it was the turn of the GIRFEC Guide, distributed to delegates before the event, to get short shrift. You may recall from a previous NO2NP blog that this is the information pack which stated that the named person would ensure that children have “what they need to have a good life”, including a say in how their bedroom is decorated and what they watch on TV.
Several parents were extremely angry as they pointed out that the illustration for a ‘safe place’ in the guide of a modern, semi-detached two-storey home did not reflect the reality for many. Was the Government saying that those parents who brought up their children on the 14th floor of a tower block were not providing a safe place for their children?
How, they asked, could such a broad statement about what a ‘safe’ place was go out to parents? How will a named person be expected to judge a family as being in a ‘safe’ place? How realistic is it to define ‘safe’ or ‘happy’ or ‘feel good’ anyway. Answer? ‘We’ll go back and look at the imaging being used’. In other words – we’ll do some window dressing rather than sort out the real problem.
And that was the recurring theme. At the end of the day parents were left with the clear impression that when it comes to GIRFEC there are plenty of questions but precious little in the way of answers.
The Arran Suite at the Holiday Inn, East Kilbride, was filled to capacity for the latest NO2NP Roadshow event before the summer break.
Community paediatrician Dr Jenny Cunningham told those gathered that concerns about the scheme were far more than questioning a different health model or budgeting constraints: it is about scrutinising families and undermining parental autonomy, which is the basis for a democratic society, she said.
She went on to explain that the role of the community paediatrician has been redefined by this legislation. While previously 80% of her work was about various disabilities in children, and only 20% about vulnerable children, now 70-80% of her work has to do with assessing vulnerability through the SHANARRI ‘wellbeing’ indicators.
SHANARRI stands for; safe, healthy, achieving, nurtured, active, respected, responsible and included.
She finished by saying that she and many of her colleagues were very concerned about the new obligation to share confidential information.
Next up was Lesley Scott of TYMES Trust, who said she had watched a video on South Lanarkshire Council’s website about young children and the importance of good attachment. Yet nothing was said about parents and children or families.
Lesley went on to explain – and display – the 13 pages of “outcome signifiers” to wellbeing that the University of Edinburgh had drawn up. South Lanarkshire Council had also produced 398 pages of guidance for named persons and Lesley queried whether everyone would interpret it the same way. The guidance estimates that 20-30% of children and young people will require additional input from state agencies.
Lesley expressed her concern that there is no facility for parents or children to disagree with the Named Person’s professional assessment of what is “needed” and parents will have no control over the ever-changing standard of parenting to which they will be held.
There was a very lively and extended Q&A, where several people questioned whether Named Persons knew anything about the real world of parenting, especially when some of them may have no children of their own.
The NO2NP Roadshow will be taking a break for a few weeks over the summer, but do watch out for further events we have planned for later in the year!
In the meantime, a big thank you to everyone who has come to these Roadshows – please continue to tell your friends about the campaign and encourage them to sign the petition.
Parents will be told at a training day today that their children will be monitored by state officials who will “check every child has what they need to have a good life”.
Organisers behind the ‘GetLive GIRFEC Event For Parents’ were accused of bribing parents into supporting the Named Person scheme when it was revealed they were offering £25 vouchers and free travel and refreshments, along with free childcare, to attend the event.
In a leaflet, ‘An Easy Read Guide To… Getting It Right For Every Child (GIRFEC)’, sent to delegates ahead of today’s event, the state benchmark of a “good life” is set out for parents in detail.
GIRFEC is the policy behind the Named Person scheme.
Explaining its SHANARRI “wellbeing” indicators, the booklet tells parents there are “8 things every child needs to have a good life”.
SHANARRI stands for; safe, healthy, achieving, nurtured, active, respected, responsible and included.
The leaflet instructs parents about what they should and should not do in order to fulfil these Government parenting standards. It makes clear that the job of the Named Person – and other officials like social workers and doctors – is to check parents are complying with these standards.
It states: “People who work with your child will check…”
– “Your child gets praise when they do well”
– “Your child does activities they like to do”
– “Your child gets a say in things like how their room is decorated and what to watch on TV”
– “You trust your child to do the right thing”
– “Your child can be part of a group like Scouts, Brownies or a football group if they want to”
The leaflet also says state officials will check which people are around your child, where your child lives and what is going on in your child’s life. They will even “think about what is good about your child’s environment”, and “think about what could be better”.
A spokesman for NO2NP said: “We have warned all along that the Named Person scheme would undermine parents’ responsibility for their own children and allow state officials unprecedented powers to interfere with family life.
“This leaflet confirms that the Named Person is intended to take a highly intrusive role in ordinary family life. It’s effectively an admission that critics of the scheme have been right all along. “
“The list of things the Named Person – and doctors, nurses, teachers social workers – ‘will check’ is outrageous. It is exactly the kind of invasive behaviour we’ve been warning about.
“For example, if a child doesn’t like the colour scheme or wants to watch films containing horrendous violence or sex scenes, the child can complain to the Named Person who then adjudicates on the family’s decisions about décor and who holds the TV remote control. It is absolutely outrageous.
“In the past the Scottish Government and their officials have attempted to dismiss opponents of this scheme for exaggerating its impact.
“Clearly, we were right all along and they have been trying to keep us all in the dark about what they really intend.
“Unless parents wake up quickly to what the Named Person is really about and make their voices heard, many of them will face a level of state monitoring of the minutiae of parenting that is unprecedented in our history.
“This is not about protecting vulnerable children. It is not about helping families who want help. It is about policing parenting according to a state ‘happiness’ index. Families cannot thrive under that kind of ‘big brother’ scrutiny.”
There was a good turnout at the Gracefield Arts Centre in Dumfries on Wednesday night for the latest stop of the NO2NP Roadshow.
Those present heard Gordon Macdonald from CARE for Scotland explain why the universality of the Named Person scheme was both unhelpful and unnecessary. He said that it had been introduced into the Children and Young People (Scotland) Bill quite late in the day and MSPs hadn’t had much opportunity to scrutinise it. However, many were now having second thoughts about it.
He went on to say that there is a view in Holyrood that the state has primary responsibility for children, but he said it was “the job of the state to support the nation’s parents, not the job of parents to support the state”.
The next speaker was Lesley Scott of TYMES Trust, who started by saying she had not come across a single parent who had asked for the Named Person scheme. None of the young parents present said they had asked for it either.
Lesley also mentioned the new ‘super database’. The Scottish Government plans to introduce this in conjunction with the Named Person scheme, and it will have every child’s full medical information included in it.
Lesley finished by explaining that NHS Dumfries and Galloway has stated that a child will have a Named Person from its conception.
There was a very lively Q&A, during which the unworkable nature of the scheme was highlighted.
The final NO2NP Roadshow event before the summer break will take place at the Holiday Inn, Stewartfield Way in East Kilbride next Monday, 22nd June, at 7.30pm, when paediatrician Dr Jenny Cunningham will be one of the speakers – do plan to come and let your friends know about it too!
Snapshot of Dumfries Roadshow
The latest NO2NP Roadshow event was held on a beautiful, sunny evening in Galashiels last night.
Gordon Macdonald, who is CARE for Scotland’s Parliamentary Officer, spoke first. He said that the family is the fundamental unit in society and, as such, deserves respect. This respect for the family is “integral” to key human rights documents, but we have seen a reinterpretation of them in recent years which marginalises parents. The Named Person legislation is a really significant shift away from child welfare to a wellbeing model that is very vague and broad. We are seeing a fundamental shift in the ideology of how the state relates to all children, he explained.
Next up was Lesley Scott of TYMES Trust, who as usual highlighted what the local authority for the area was doing about the scheme. Borders Council has devised a “Cootie Catcher” so that children can learn how to assess their wellbeing. The Council has also created a snakes and ladders type game called “On the trail of the Wellbeing Snail”, where cards are selected when a player lands on a square that determines whether they make progress or go backwards.
The notorious SHANARRI wellbeing indicators of safe, healthy, achieving, nurtured, active, respected, responsible and included are key to this game and are intended to show children when a “wellbeing outcome” has been achieved. Examples included whether a parent had washed their child’s gym kit the night before and whether a parent had listened to their child if they were upset.
Lesley went on to explain the Wellbeing Wheel, the My World triangle, the Resilience Matrix and Genogram, all part of the Scottish Government’s “toolkit” for assessing, analysing and addressing every child’s perceived “wellbeing” needs.
After Nigel Kenny from The Christian Institute brought everyone up to date about the judicial review appeal to the Inner House of the Court of Session last week, there was the usual lively Q&A, when those who had come raised a wide range of concerns about the scheme.
The NO2NP Roadshow will be calling at the Gracefield Arts Centre, Edinburgh Road, Dumfries next Wednesday, 17th June at 7.30pm – we look forward to seeing some of you there!
During last week’s appeal hearing against the Named Person law, the Scottish Government’s QC told the court that if a young girl was in hospital and discovered to be pregnant then the Named Person would definitely be contacted…but didn’t seem to know whether the parents would be informed.
Alistair Clark QC, representing the Scottish Government, was meant to be defending the scheme but instead managed to present a convincing case as to why the Named Person would be damaging for families.
Clark’s comments regarding teenage pregnancy reveal one of the major flaws with the Named Person scheme – it would bypass parents.
As we reported earlier in the week Clark also told judges during the hearing that the scheme was needed because every child in Scotland was deemed to be “potentially vulnerable”.
This greatly undermines ordinary Scottish families and is chilling stuff from the Scottish Government’s QC.
Any Government scheme which puts parents in second place after the state in relation to their own children is flawed from the outset.
Aidan O’Neill QC, representing those bringing the legal challenge, said the Named Person would be “a state functionary who has the power to interfere in the lives of every child in Scotland and in family life…the power to come between the child and their parents”.
He added that the Named Person’s powers to obtain and share confidential data on families without consent or veto constituted further interference.
The judges are currently considering their verdict, which is expected to take several weeks.
The Named Person provisions are contained in the Children and Young People (Scotland) Act, which was passed by the Scottish Parliament last year. The scheme is due to be rolled out across Scotland in 2016. Some areas of Scotland already have a non-statutory Named Person pilot scheme in operation but they do not have the full range of legal powers contained in the Act.
During a BBC Radio Scotland debate last week Lesley Scott of ME children’s charity TYMES Trust, a supporter of NO2NP, warned that the Scottish Government’s plan was about “empowering the Named Person to police the happiness of Scottish children”.
Scott was debating Alex Cole-Hamilton, Head of Policy at children’s charity Aberlour and a proponent of the Named Person scheme. Cole-Hamilton failed to give a single example of how the Named Person scheme had made a positive impact when pressed by BBC presenter Kaye Adams.
Adams asked Cole-Hamilton: “What was happening that made anyone feel that this was necessary? Where was the gap? Where was the lack?”
Referring to the Highlands pilot he responded saying there had been “some really good examples of this drawing the threads together”.
Adams however said drawing the threads together was an “airy fairy expression” and asked for further clarification.
She pressed Cole-Hamilton again, saying: “Give me a positive example of where this has made a child or a family’s life better?
Cole-Hamilton again failed to provide a single example, but instead admitted it was about “prevention”.
He said: “I don’t have specific case examples to give you because this is all about prevention.”
Listen to the full exchange from 7 minutes 10 seconds
TYMES Trust’s Lesley Scott refuted Cole-Hamilton’s claims about the Named Person creating a single point of contact. She said parents already know who they need to go to if there is a problem, they already know who their child’s teacher, GP or health visitor is. These are all people who are already in place, she added.
Scott explained that the Named Person can access and share confidential medical data and school records. She continued: “They can question a child and give them advice, and supply services to them without the parents’ consent, and on the basis of what they think is most likely to make them happy”.
Scott also pointed out that the scheme was not about identifying significant risk or harm but about wellbeing, which is “a lower, broader undefined threshold”.
Scott also questioned how the scheme will work in practice. She raised concerns about the “enormous bureaucratic burden of the Named person” scheme on teachers and health visitors, who would be expected to administer the scheme, professions which she says are already at breaking point.
She said looking for children at risk is like looking for a needle in a haystack but all the Named Person scheme is doing is making the haystack bigger.
Last week’s appeal hearing rehearsed many concerning reasons why the Named Person scheme is not compatible with a free and democratic society, but perhaps the most revealing and worrying comment came from the Scottish Government’s QC.
Pressed by Lord Malcolm on why every child needed to have a Named Person, when not all of them were at risk, Alistair Clark QC, representing the Scottish Government, stated that every child was deemed to be “potentially vulnerable”.
Mr Clark’s words expose the thinking behind these intrusive plans.
A NO2NP spokesman said: “The assumption that all Scottish children are potentially vulnerable is patronising to all ordinary parents trying to do their best to bring up their children.
“The Scottish Government is saying to normal mums and dads that they all need the state to be a co-parent to stop them leaving their child potentially vulnerable.
“This unwarranted intrusion into family life is undermining and unnecessary.”
During the appeal hearing last week Aidan O’Neill QC, representing those bringing the legal challenge against the Named Person, addressed conflict between respect for the family and responsibility for the protection of children from harm.
He said there was no pressing social need requiring interference in the lives of every family and said: “The overwhelming majority of children are not neglected and the Named Person scheme subverts family life and supplants parents.”
He said: “We accept there is a legitimate state interest in the protection of the vulnerable, but this is not just dealing with the vulnerable, it’s dealing with all children.
“Most families do not need the state to get involved. Some parents – a tiny minority – do cause harm to their children but that does not justify appointing a named person to every child.”
Mr O’Neill pointed out that the Named Person scheme had been drawn up to promote children’s ‘wellbeing’ – a concept which, according to the Government, can include everything from mental health to a “wider vision of happiness”. He responded, “That’s what parents do and have done through the ages. It’s not the state’s job.
Mr O’Neill raised the concern that the central assumption behind the scheme is that “the state knows best”.
Yesterday, Aidan O’Neill QC, representing campaigners challenging the Named Person scheme, told Scotland’s highest court that the plan to give every child in Scotland a state guardian was “incompatible with the fundamental rights of a democratic society”.
O’Neill, a leading human rights expert, said the scheme created a situation “worse than a nanny state because the nanny is at least responsible to the family”.
He was speaking at the start of the appeal hearing by opponents of the Named Person legislation, after Lord Pentland rejected their initial bid last year.
During the appeal, in Edinburgh’s Court of Session, Mr O’Neill said the state should support the family in the upbringing of children as the family is the fundamental group unit of the state and entitled to state protection.
He said the Universal Declaration of Human Rights was written to counter Nazi and Fascist totalitarian states which placed value on “uniformity and conformity” and to point out that “the child is not the mere creature of the state”.
He told the court the scheme didn’t require families to give consent and offered no chance to opt in or out and said: “The presumption is every child needs a named person. That is wrong. The vast majority of parents bring up their children perfectly well. For the state to assume a responsibility for every child regardless of need or threat of harm is to go beyond what we properly expect from a democratic society that respects families and respects diversity.”
Based on the guidance issued by the Scottish Government he also drew attention to the fact that: “Not only can you not opt out of the scheme you have to positively co-operate with the named person otherwise you could be characterised as ‘hostile’ or ‘non-engaging’ which leads to further state involvement. ”
He said the compulsory nature of the law and the need to collate data on every child would result in “white noise” meaning “those who do need help get lost”.
Mr O’Neill recognised that there are conflicting issues between respect for the family and responsibility for the protection of children from harm. But he said there was no pressing social need requiring interference in the lives of every family and continued: “The overwhelming majority of children are not neglected and the Named Person scheme subverts family life and supplants parents.”
He said the scheme was drawn up to promote ‘wellbeing’ (which can include everything from mental health to a “wider vision of happiness”) among children but said: “That’s what parents do and have done through the ages. It’s not the state’s job.
“We accept there is a legitimate state interest in the protection of the vulnerable, but this is not just dealing with the vulnerable, it’s dealing with all children.
“Most families do not need the state to get involved. Some parents – a tiny minority – do cause harm to their children but that does not justify appointing a named person to every child.”
He said the central assumption behind the scheme is that “the state knows best” whereas families “are the breeding ground of diversity and individuality”.
The legal action is being brought by The Christian Institute, CARE, TYMES Trust and the Family Education Trust, with the support of academics and individual parents, all of which support the NO2NP campaign.
The appeal before Lord Carloway, Lord Malcolm and Lord Bracadale continues today with the Scottish Government’s response.
The Named Person scheme is part of the Children and Young People (Scotland) Act and is expected to be implemented nationwide in 2016.
Graham Grant, Home Affairs Editor for the Scottish Daily Mail has written a stark warning against the Named Person scheme, branding it a “Stalinist blueprint for a happy childhood”.
Commenting on recent remarks by Bob Fraser, the civil servant driving forward the Named Person scheme, he said: “It may have sounded at first like a calm explanation of a sensible policy. But, in reality, what was presented was a chilling manifesto for effectively outsourcing parenting to the state and to its legion of officials”.
He continued: “In essence, government officials have been quietly drawing up guidelines for a happy childhood – a kind of Stalinist, state-endorsed blueprint for a healthy and contented upbringing, which must be adhered to at all costs.
“This idea of compulsory compliance with a set of government-imposed ideals is, of course, a facet of totalitarian states, which rely on the micromanagement and strict regulation of private and family life.
“The ‘enforcers’ are the named persons themselves – mainly health visitors and head teachers – who will log perceived deficiencies in the child, perhaps demanding confidential medical records to back up their concerns”.
Fraser, the Getting it Right for Every Child health adviser in the Scottish Government’s Better Life Chances unit, suggested parents could be judged on how much they show their child ‘love, hope and spirituality’.
Grant commented on this point stating: “By setting arbitrary yardsticks based on ‘love, hope and spirituality’ – which, in any event, may seem more appropriate for a New Age commune – the named persons hope to uncover ‘problems’ that previously did not exist.
“Parents may soon be asked imponderable questions such as: ‘Have you thought about imbuing your child with more hope?’ Or: ‘Did you realise your child was falling short on the “spirituality” index?’
“Hope is a subjective concept and once the state is in charge of its definition, the scope for its abuse becomes clear. Ultimately, why should the state have a clearer idea of what hope and happiness mean than parents, or anyone else?”
Grant also commented on the “scale of intrusion” the Named Person scheme poses warning that it is “far greater than most people realise”.
He writes: “Pivotal to the smooth operation of the system is the free flow of personal information between public bodies. The named person can demand sensitive personal information, for example, from the NHS, if they believe the circumstances demand it.
“In fact, the named person will be assigned to children while they are still in the womb. Yet how many prospective parents are aware of this horrifying detail – an act of antenatal appropriation by state officials?”
Source: The Scottish Daily Mail, 02 June 2015
Media coverage of the NO2NP petition launch and Action Day
‘Named person’ opponents step up campaign
The Scotsman, 31 May 2015
‘Named person’ opponents campaign
The Courier, 31 May 2015
‘Named person’ opponents campaign
Press and Journal, 31 May 2015
‘Named person’ critics step up campaign
BBC News, 31 May 2015
Fresh campaign to fight ‘state guardian’ scheme
The Sunday Times (£), 31 May 2015
Campaign against ‘named person’ plan steps up ahead of court ruling
STV, 31 May 2015
Protesters gathering names against named persons law in Dundee
The Courier, 30 May 2015
The top civil servant behind the Named Person scheme has suggested parents could be reported to state officials if judged to be showing their child inadequate levels of ‘love, hope and spirituality’.
Bob Fraser, the Getting it Right for Every Child health adviser in the Scottish Government’s Better Life Chances unit, explained his latest thinking at a conference of childcare workers.
He argued it was about all children and not just “the usual suspects” who are already known to social services.
He said: “Every child deserves to have positive well-being. We have had suggestions of different indicators, of love, hope and spirituality. I am not wedded. The Act is there at the moment. But in a few years, if people feel it is right, they should change that.”
A spokesman for NO2NP said: “This is a dark, deeply worrying and insidious development. Apparently the named person will police family life according to some ever-shifting ‘happiness index’. It’s an impossible standard for parents to measure up to.”
Liz Smith MSP, a vocal opponent of the plans, said: “This is exactly the sort of nonsense which critics of the named person scheme feared would happen.
“Parents will be horrified at the suggestion of being targeted because a state guardian doesn’t regard their home as sufficiently spiritual.”
Scottish Daily Express, 01 June 2015
Scottish Daily Mail, 31 May 2015
On Saturday NO2NP officially launched its online petition to oppose the Scottish Government’s Named Person scheme. Volunteers took to the streets of Dundee to help raise awareness of the campaign by giving out leaflets to the public and gathering signatures for the petition.
A team of volunteers were also out in Kirkintilloch, the constituency of the Minister for Children and Young People.
The petition doubled in size over the launch weekend, and now has more than 4,500 signatures. Sign and share the petition here.
The Action Day and petition launch comes ahead of the appeal hearing by campaigners opposing the Named Person scheme, due to be heard in the Court of Session this Wednesday and Thursday.
A spokesman for NO2NP said: “We remain deeply concerned about the threats to the human rights of families to their privacy in their own homes as well as the breaches of data protection laws as the state passes confidential family information to and from different public bodies.
“The state thinks the named person – a health visitor, a teacher or other professional – can fulfil the role better than mums and dads which is ridiculous.
“It’s vitally important that the higher courts consider this issue, because it’s driving a coach and horses through parents’ rights and private family life.”
NO2NP Action Day: Dundee and Kirkintilloch, Saturday 30th May.
Falkirk was the latest stop for the NO2NP Roadshow last night, when local supporters of the campaign were given the lowdown on the state guardian scheme.
Dr Stuart Waiton from Abertay University explained some of the key developments in social policy over the last 15 years in relation to child welfare. The concepts of abuse, vulnerability and early intervention have become deeply embedded in the minds of many strategists and there is a feeling that parents cannot advise their children properly without first receiving advice from professionals. This is known as “third way parenting”.
Lesley Scott, from TYMES Trust, pointed out that contrary to the contentions of Acting Minister for Children and Young People, Fiona McLeod, parents across the country did not ask for the Named Person scheme. Lesley went on to explain how the Scottish Government’s pilot of the scheme in the Highlands led to nearly 8,000 children (1 in 5) being put on a “child’s plan”.
During a lively Q&A session it was asked if teachers could opt out of being Named Persons. This was a very significant change in the terms and conditions of their employment, yet some of the teaching unions have yet to indicate their detailed views on this matter.
The Roadshow will be calling at the Elmwood Golf Club, Cupar at 7.30pm on Tuesday next week, when MSP Liz Smith hopes to be one of the speakers – do plan to join us, if you live in the area!
We are pleased to announce more NO2NP Roadshows coming up in May and June.
Supporters from across Scotland often contact our team requesting a NO2NP Roadshow in their area and we do our best to try and make it happen.
Let us know if you would like one in your area by emailing: email@example.com
It’s still surprising how many people are unaware of the Named Person legislation. Help us spread the word by telling people about the Roadshows. Experts will be sharing about the background to the plans and concerns surrounding the scheme.
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The campaign saw strong support in Elgin last night as concerned parents and individuals, with some traveling quite a distance, turned out for the latest NO2NP Roadshow.
Nigel Kenny of The Christian Institute explained that the campaign was made up of a broad coalition of organisations and individuals from academia, charities, education, medicine, politics and social work. He said all those involved have a shared concern for the importance and autonomy of the family in raising the next generation.
Videos were shown, the first explaining the background to the campaign, and the second from First Minister’s Questions last week, when NO2NP supporter Liz Smith MSP challenged Nicola Sturgeon over Clan (Community Law Advice Network) Childlaw’s concerns about data sharing.
Lesley Scott from Tymes Trust then spoke about the blueprint for every child’s life that has been planned under the GIRFEC (Getting It Right For Every Child) model, including the Wellbeing Wheel, the My World Triangle and the Resilience Matrix. She pointed out that Edinburgh University had identified no fewer than 304 outcomes that could arise from the SHANARRI “wellbeing” indicators.
Nigel finished off the talks with an update on the judicial review appeal (due to be heard in Edinburgh on 3rd and 4th June) and some tips on how people can get involved with the campaign.
There was a lively and extended Q&A at the end, where people expressed their deep concerns about the negative impact that the scheme will have on families, schools and society at large.
The NO2NP Roadshow will be stopping off at Falkirk next on Wednesday 27th May, when we’ll be at the Best Western Park Hotel in Camelon Road at 7.30pm. Hope to see you there if you live in and around the area!
The Scottish Association of Social Workers (SASW) has said it remains “unconvinced that the named person provision will make the difference intended”.
Trisha Hall, SASW manager, raised concerns about the cost of the Named Person scheme, particularly at a time when social work resources are already stretched.
She also said social workers were worried about lowering the threshold for intervening in a child’s life. Hall said: “We are concerned about what we perceive as an escalation; we are effectively raising the threshold from “significant harm” to “concerns about welfare”.
The SASW made the comments in response to a recent consultation on statutory guidance to accompany the Named Person scheme.
Source: Herald Scotland
The latest NO2NP Roadshow event was held in the Aberdeen Arts Centre on Monday (11th May), where one local woman’s run in with an emanation of the Named Person scheme at her daughter’s school was raised during Q&A as a matter of concern. Even more concern was expressed when it was revealed that a GP would be obliged to share confidential patient details about, for example, a mother’s struggle with depression with her child’s Named Person.
After a video was shown about the judicial review in the Court of Session, Abertay University sociology lecturer Dr Stuart Waiton spoke about the disjuncture between the people and the powerful and how, over the past century, children were no longer being seen in the context of their families and government was increasingly seeing its role as one of “risk management”.
Lesley Scott of Tymes Trust then made reference to the quote in a recent newspaper article by Acting Minister for Children and Young People that the Named Person legislation “is about making sure that we are doing everything in our power to protect vulnerable children.” Lesley then pointed out that the word ‘vulnerable’ does not appear anywhere in the legislation or in the draft statutory guidance. Instead, she said “this legislation is about measuring the wellbeing of each and every child.”
Some practical points on how people can be involved in helping the NO2NP campaign were then shared by Nigel Kenny of The Christian Institute, before a lively Q&A, always one of the high points of these Roadshows.
Our next event is in Elgin this coming Monday (18th May) at the Laighmoray Hotel, Maisondieu Road, Elgin, IV30 1QR at 7.30pm – please do come along and find out more about the campaign.
Following the successful launch of the NO2NP campaign at a packed meeting in Edinburgh in June, we are delighted to announce a series of regional road show events over the coming weeks. The dates are:
GLASGOW – Thursday 21 August
DUNDEE – Wednesday 27 August
STIRLING – Friday 29 August
INVERNESS – Wednesday 1 October
Events will feature contributions from a range of experts such as Dr Stuart Waiton (Abertay University), Maggie Mellon (social work consultant/writer), Liz Smith MSP and Dr Jenny Cunningham (Community paediatrician). All events will include a time of discussion where attendees can put their questions to the speakers.
Entry is free and the events are open to all. Please come along to one or more of the dates and spread the word.
Full details of times and venues are available here.
The Named Person plans could be “corrosive” to relationships between parents and children, warns sociologist and columnist Tiffany Jenkins.
Writing in The Scotsman, she said: “It is a scheme that communicates to children that their mums and dads are not to be trusted, that a different adult – one with a professional qualification – is better equipped to look out for them than their own family members.
“This greatly undermines the role and place of the parents in a child’s life. What could be more corrosive to relations than that?”
Jenkins believes: “Child protection has gone too far and is changing all our lives for the worse”.
“When it comes to children, we no longer weigh up the likelihood of a negative outcome and act accordingly, we organise every aspect of our lives around the expectation that the worst will happen. Our nightmares dictate how we live”, she asserted.
She commented that children are “innocent, ignorant, and vulnerable, though not as much as child protection zealots would have us think: children can be strong, robust and agents of their own lives in a small but important way”.
“Children need to be able to spread their wings and have the space to try life out”, she added. “And they need adults – and especially their parents – to hold the authority to take care of them, check they are doing okay, and guide them as they grow.
“At the moment, too many laws, policies and child protection agencies stand in the way of this. It is time for the child protection industry to butt out of our lives.”
Legal papers challenging the Scottish Government’s Named Person plans were lodged at Edinburgh’s Court of Session yesterday. There is widespread opposition to the proposals and concerned parents and other groups turned up to help deliver the documents under the spotlight of the media.
Here is a round up of the news reports.
Scottish child guardian bid faces legal challenge
SNP’s state guardian plan is ‘against the law’ say court challengers
Scottish Daily Express
Nationalists’ nanny state must leave families alone
Scottish Daily Express
Legal bid to scrap the state snoopers
Scottish Daily Mail
Opponents of ‘named person’ policy begin legal challenge
The Telegraph (Scotland)
Dangerous move by the state
The Press and Journal
Legal bid to tackle Scots guardian bill
The Press and Journal
Challenge to guardian law in court
The Courier & Advertiser
Child guardian challenge lodged
The Glasgow South and Eastwood Extra
Video: Named Person legal action launched
The Christian Institute
The legal challenge to stop the Scottish Government appointing a ‘state guardian’ for every child in the country up to the age of 18 was launched today.
Legal papers formally challenging Holyrood’s controversial Named Person plans were lodged at Edinburgh’s Court of Session this morning.
There was widespread interest as national news networks such as the BBC, STV, The Scotsman and The Herald, plus a host of other local networks, gathered outside the court to watch the crowd of concerned parents and other groups hand in the documents.
NO2NP is backing the legal action which asserts that the Scottish Government is acting illegally and exceeding its powers by setting up the Named Person scheme.
The campaign has a wide range of supporters, including academics, medical experts, social services professionals and many concerned parents.
Critics of the scheme, which is contained within the Children and Young People (Scotland) Act, say it contravenes the European Convention on Human Rights.
Colin Hart, Director of The Christian Institute, which is one of the petitioners in the case, said: “This marks the beginning of a landmark case which has implications for every family in Scotland. We are making a stand for all mums and dads who are doing their best for the children they love.
“We are not prepared to stand by and watch as the roles of parents and their rights to a family life are diminished and trampled over by an authoritarian big brother government intent on making its presence felt in every living room in the land.”
NO2NP will be staging a series of public meetings across Scotland as support for the campaign spreads. Events will take place in Glasgow, Dundee, Stirling and Inverness, with more expected.
The court case is being funded by more than 70 different sources. The court papers were lodged by The Christian Institute, the Christian charity CARE (Christian Action Research and Education), The Young ME Sufferers (Tymes) Trust, and the Family Education Trust.
By Paula Murray
THE Scottish Government has earmarked £40million to hire an extra 500 health visitors over the next four years. They will be there, according to ministers, to offer support and advice to families with young children.
It all sounds rather sweet. But when you consider this is all to do with the scheme to appoint “state guardians” to the country’s youngsters, the development begins to appear a little sinister.
Of course, there are people who are simply no good at bringing up their children, and it is for this reason that these measures are being taken.
But the vast majority of parents are responsible mothers and fathers who want nothing but the best for their children. The idea that the state should appoint an additional pair of eyes to monitor a child’s wellbeing has echoes of China, the Soviet Union and East Germany where everybody snooped on everyone else to ensure the communist values imposed on the nation were duly appreciated and followed.
Although I am childless, I feel uneasy about the idea that an outsider – whether a teacher, health visitor or someone else – is appointed as a child’s “extra parent”.
What if there is a fall-out between the state guardian and the child’s family? What if there is a disagreement as to what is best for the youngster? Who gets the final word? The state?
Would it not be the easiest thing for the appointed individual to make the parents’ lives hell should they so choose to do so?
Social workers and health professionals are equipped – or at least they should be – to deal with any problem cases and step in if necessary.
I don’t for a moment believe that these Big Brother plans will actually benefit anyone. If anything, they will end up interfering with the rights of both parents and children.
There is no way to opt out from the “named person” scheme, or to ask for somebody else to be appointed for your child – they will simply be there every step of the way until the child reaches the age of 18.
So in other words, a teenager can get married, leave school, get a job and start paying taxes, drive a car, join the armed forces or even have children their own, and their state guardian will still be peering over their shoulder.
I simply cannot fathom what good it will do. It is legalised spying on family life and I don’t like the sound of it. Various charities and organisations agree echoes the with me.
Christian Action Research and Education (CARE) believes the state guardians will “undermine parental freedom and responsibility”.
The Law Society in Scotland and the Faculty of Advocates have warned the measures could breach European Human Rights law on privacy and family life.
But despite these concerns our ministers have ploughed ahead with the plans, with Holyrood approving the Children and Young People (Scotland) Bill back in February.
Liz Smith of the Scottish Conservatives says the legislation effectively removes the parents’ primary obligation of looking after their children and gives it to the state. She is right.
And here is the big question – if the state snooping starts at birth, where does it end? Because it is not going to be on your 18th birthday.
‘It has echoes of China, the Soviet Union and East Germany’
Sunday 22 June 2014
500 new health visitors will be recruited to deliver the Scottish Government’s controversial ‘Named Person’ plans, Health Secretary Alex Neil has announced.
The recruitment will be implemented over the next four years costing the taxpayer more than £40 million.
“The creation of jobs is usually to be welcomed but this is nothing more than an investment in state-sponsored social engineering” said a NO2NP spokesman.
The Named Person plans were passed earlier this year and it is expected that head teachers and health visitors will take on the role of the new state-appointed guardians when the scheme is implemented in 2016.
The NO2NP spokesman said: “The Royal College of Nursing warned earlier this year they needed at least 450 more health visitors to come close to making this scheme work for those children under five years old.
“But this law requires every child under 18 in the country – and there are more than 1 million – to have an individual named person.
“How many extra teachers are they going to have to provide as state guardians to act as government snoopers for children of school age and at what cost to the public purse?”
A Judicial Review will be launched shortly to fight the plans, alleging that MSPs exceeded their powers by setting up the scheme because it breaches the European Convention on Human Rights.
"I oppose the Scottish Government's plan to assign a 'Named Person' to every child in Scotland because it undermines families and diverts resources from children who need them."