Judgement day for named person campaigners as court ruling due

Two previous attempts to have the law, which was due to be implemented across Scotland next month but faces being delayed as a result of the legal action, declared illegal have failed leading to the challenge in the UK's final court of appeal for civil cases.

It is understood that the No to Named Persons (NO2NP) campaign, a coalition of mainly Christian and pro-marriage groups alongside individuals, has spent around of a quarter of a million pounds on the case.

One source said: "That will be the amount spent by each side, so we're taking about half a million-plus in total."

The Scottish Conservatives, long-standing opponents to the law, last night vowed to carry on their campaign regardless of the outcome in London today. However, supporters including a large number children charities have backed the legislation and accused opponents of spreading disinformation and scaremongering.

Liz Smith, the Tory education spokeswoman at Holyrood, said: "Clearly we don’t know what the court judgment will be, but irrespective of the outcome l am sure the majority of parents still want to see the scheme dropped.

"So too do the growing number of practitioners who believe the policy is unworkable and taking far too much focus away from our most vulnerable children. It is a deeply unpopular, illiberal policy which has become a real headache for the SNP. The First Minister should swallow her pride and end it now."

The named person, usually a health visitor or teacher, will have the power to share information with other agencies without consent of children or their parents and are intended to act as a "point of contact" for advice or concern about a child. They will not have powers to force a child or family to do anything, although parents will not be allowed to opt out of the scheme.

The Tories, after becoming Holyrood's second largest party in May, had attempted to win a Holyrood vote calling for a "pause" in the implementation of the legislation, but ended up as the only party to back the call.

However, John Swinney admitted last month that it would not be "prudent or responsible" to fully implement the new law with its legality remaining in doubt.

NO2NP have previously warned that they could take their case to the European courts even if the Supreme Court rules against them tomorrow, and campaign sources said yesterday that this would remain an option in spite of the Brexit vote.

Mr Swinney had previously resisted repeated calls to delay the national roll-out of the system, which is already operating in some parts of the country, amid concerns about a shortage of health visitors, who along with headteachers will take on the bulk of named person duties, as well as criticism of the principle of the scheme.

While insisting it remains committed to the policy, the Scottish Government has acknowledged concerns of some parents, amid fears of "big brother" style interference in their home lives.

Speaking last month, Mr Swinney said the policy "embodies the principles we share as fundamental to supporting the lives of children and young people".

A Scottish Government spokesman said yesterday: “We cannot pre-empt the Supreme Court judgment. Supporting children and families is a priority for this government and the named person policy is widely supported by leading children's charities and welfare organisations, as well as by the Scottish Police Federation, who say it will ‘help keep children safer’.

“It is a policy which is aimed at protecting children's well-being, and is about supporting, not diminishing, the role of parents. The service strengthens the supportive role already performed by teachers and health visitors for families and allows the Named Person to call on other services to give support if needed. It can prevent early concerns going unchecked and potentially becoming more serious issues.”