A LEGAL challenge against the Scottish Government's plans to appoint named guardians for every child has begun at the Court of Session in Edinburgh.
The measure is contained in the Children and Young People (Scotland) Act and assigns a "named person", such as a teacher or health visitor, to look out for the welfare of every child under 18.
It is opposed by the No To Named Persons (NO2NP) group, which argues that ministers have exceeded their powers and breached data protection laws and the human rights of parents.
A judicial review before Lord Pentland began today
Aidan O'Neill QC, who is representing the campaigners, said the case was a matter of compatibility with EU law and the basic rights of parents and children.
He said there were three main issues to discuss -consent, and the fact that the legislation does not allow for consent or parental opt-out; necessity and the argument over whether it is necessary for every child to be appointed a named person; and child protection.
Mr O'Neill said: "If you look at the named person provision focused on children at risk of serious harm, it would be difficult to object, but this is focused on every child's wellbeing and there is a terrible tendency to slip between these two terms."
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