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Keeping you up to date on the progress of the Named Person scheme and the NO2NP campaign.
‘THIS IS WORSE THAN THE NANNY STATE’, QC TELLS COURT ON DAY 1 OF APPEAL
Posted 10 years ago
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.
NAMED PERSON APPEAL HEARING: Campaigners back in court today
Posted 10 years agoCampaigners opposing the Named Person scheme are back in court today for an appeal hearing after their legal challenge was rejected last year.
Lord Pentland rejected arguments that MSPs had exceeded their powers, breaching human rights rules and data protection laws, in a Judicial Review aimed at having the legislation overturned.
Now three judges will consider the proposals again.
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.
Community Law Advice Network (Clan Childlaw), a charity that provides legal help for children, also raised concerns about the scheme and announced it will intervene in the case.
Simon Calvert of The Christian Institute, said: “We’re asking the court to make a ruling that the imposition of a Named Person on every child in Scotland is unconstitutional and a breach of the right to a private family life.
He said they wanted the “court to look behind the Government’s rhetoric and see how this is not about protecting vulnerable children. It is about making the state a co-parent, with power to second-guess and over-ride parenting decisions about what makes a child happy. It’s Government-approved-parenting writ large”.
He added: “The trigger for intervention by the Named Person is not where there is a ‘risk of harm’. The threshold at which the Named Person can intervene in the lives of Scottish families is merely the ‘promotion of well-being’.
“The Named Person is, in effect, legally empowered to police the happiness of Scottish children. He can access and share their confidential medical data, their school records, he can question children and give them advice and supply services to them without their parents’ consent – all on the basis of what he thinks is most likely to make them happy. That is an outrage. Thousands of people across Scotland know it is an outrage, and that’s why they’ll all be hoping our judicial review succeeds.”
Media Round Up: NO2NP Petition Launch and Action Day
Posted 10 years agoMedia 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
JUDICIAL REVIEW: CAMPAIGNERS TO CONSIDER APPEAL AFTER JUDGE REJECTS CONCERNS
Posted 10 years agoJudge Lord Pentland, who presided over the Judicial Review, today rejected the deep-rooted concerns raised by various groups opposed to the Named Person scheme.
In a written judgment, following a four-day hearing at the Court of Session last year, he dismissed claims that the Named Person proposal breaches human rights and data protection law.
NO2NP will continue to fight against the Government’s controversial plans. All options for appeal will be considered.
“Our case is strong, as is our resolve”, said a NO2NP spokesman.
“We have the opinion of one judge on this matter but it is often the case that when such important and fundamental issues are being considered the matter goes before a bench of three or more.
“We were well aware when we embarked on this campaign that it could be a long and tortuous process involving more than one court case. We are prepared for that and are in this for the long haul.”
He added: “the judge places enormous trust in public bodies and in Government training and guidance to resolve the serious problems we are concerned with. While respecting his view, we don’t share that confidence.
“The legislation has not yet been implemented and there is no formal guidance on how it will be implemented. The judge says the impact of the Named Person provisions will very much rest on the guidance and so we will be scrutinising it in the most forensic detail when it is finally revealed.
“In effect, we are being asked to wait and see what happens in practice. That means when things do go wrong for families we will take up their individual cases to the courts and ask our judges to pick up the pieces.”
He stated: “The issue is not going away. The potential problems are not going away and No To Named Persons will not be going away.”
We will carry on our information campaign, taking our case to public meetings the length and breadth of the country against this law, which threatens every family in the land and diminishes the rights and responsibilities of mums and dads to look after their children as they see fit.