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Fight goes on against misguided state guardian scheme

Marriage and Family
4 September 2015
Scottish parliament 79

Leading Christian charity CARE for Scotland, co-petitioners in the recent Court appeal against the Scottish Government’s draconian state guardian plans has today responded to the ruling by the Inner House Court of Session in Edinburgh.

In a written judgement last January, Lord Pentland overruled a petition by the campaign group NO2NP for a judicial review of the controversial ‘Named Person’ scheme, saying the plans did not breach human rights laws, or data protection laws.

CARE for Scotland, alongside other members of the NO2NP campaign appealed against the judgement, but the Inner House Court of Session in Edinburgh today regrettably refused this appeal.

On the issue of standing, the appeal judges disagreed with Lord Pentland’s previous conclusion that the four charities involved in the appeal did not have standing to do so.

According to the Court, under UK Supreme Court rules, the four charities do have standing ‘in general’ to challenge the legislation.

CARE for Scotland Parliamentary Officer Dr Gordon Macdonald said:

“We are extremely disappointed by the Court’s ruling.

“In recent months, the Scottish Government’s misguided state guardian plans have been strongly criticised by the police, teachers, academics and prominent lawyers as well.

“Once you emerge from the murky depths of the Scottish Government’s guide to how the guardian scheme will work, it is clear these plans are overly complicated and completely unworkable.

“We remain convinced that under the proposals, data protection laws and human rights laws will be breached and this is completely unacceptable.

“These draconian measures may come from a place of good intentions, but their consequences for the social fabric of our nation will be disastrous.

“The very notion that a teacher, healthcare professional or some other agent of the State might be better placed than mums and dads to look after young people is absurd.”

Notes to Editors:

The full judgement can be read here: http://www.scotcourts.gov.uk/search-judgments/judgment?id=8a55eaa6-8980-69d2-b500-ff0000d74aa7

For more information or interview requests please contact James Mildred on 0207 227 4731/ 07581153693 or email james.mildred@care.org.uk

CARE for Scotland is part of the NO2NP campaign group, alongside other leading Christian charities. For more information, please visit: www.no2np.org

When Lord Pentland gave his ruling previously, the charity released the following statement:

http://www.care.org.uk/news/fight-goes-on-against-plans-for-state-guardians-in-scotland

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