The Scottish Government’s Named Person scheme is ‘unlawful’ according to the Supreme Court as family campaigners won a stunning and historic victory today.

Judges upheld the appeal and ruled that parts of the Named Person scheme breach rights to privacy and family life under the European Convention on Human Rights.

Christian charity CARE, one of the four co-petitioners in the legal challenge today hailed the outcome as a ‘stunning victory’ for parents across Scotland.

Under Scottish Government proposals, from August this year every young person in Scotland was due to have an appointed state guardian.

These mandatory named persons would have been able to intervene in children's lives without explicit approval from parents and share confidential information, for example medical records, about children, young people and their families between government bodies without obtaining consent to do so.

CARE for Scotland spokesman Dr Gordon Macdonald said:

“This is a stunning victory for parents and families across Scotland. We are delighted judges at the UK’s highest court have backed our case.

“The Scottish Government’s Named Person scheme was in clear breach of European human rights law on the rights to a private life.

“The real tragedy is that the Scottish Government continually refused to even engage with critics of the scheme, necessitating this lengthy court challenge.

“Given the very real concerns about how the scheme was going to be implemented, it is doubly welcome the Supreme Court has today dealt this blow to the flawed Named Person scheme.

“While well-intentioned, the scheme was ill-conceived and represented an attack upon the rights of parents.

“We wholeheartedly support the need to protect young people from harm but in its scope and its mandatory character, the Named Person scheme was not the best way to go about doing it.”

Notes to Editors:

For more information and interview requests please contact James Mildred on 07581153693 / 02072274731 or email james.mildred@care.org.uk

The full judgment can be read here: https://www.supremecourt.uk/cases/docs/uksc-2015-0216-judgment.pdf

The press summary can be read here: https://www.supremecourt.uk/cases/docs/uksc-2015-0216-press-summary.pdf

CARE for Scotland have repeatedly spoken out against the Named Person plans:

http://www.care.org.uk/news/latest-news/fight-goes-against-misguided-state-guardian-scheme

http://www.care.org.uk/news/latest-news/scottish-tories-criticism-named-person-scheme-welcomed

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