PLANS to appoint a “named person” for every child in Scotland are to be gutted after a Supreme Court ruling that they broke the law and invaded people’s privacy.
Education Secretary John Swinney yesterday announced a further delay to the policy and a new bill to fix fundamental flaws in the Children and Young People (Scotland) Act 2014.
A central plank of the Act will be replaced with a duty simply to observe pre-existing laws.
READ MORE: Named person scheme consultation in 'veil of secrecy' accusations
Campaigners against the policy said it was “little more than a face-saving exercise”.
The 2014 Act was meant to empower named persons, such as teachers or health visitors, to share information with a wide range of other agencies to ensure the wellbeing of every child.
The legislation was intended to help children in need but not yet at risk of serious harm by providing them with a single point of contact for support.
However last July, the UK Supreme Court ruled that although the goal was laudable, the lowered threshold for data-sharing breached the European Convention on Human Rights in relation to privacy and family life.
The ruling forced Mr Swinney to freeze the scheme, which was due to start in August, and hold a three-month consultation on improvements.
In a statement to MSPs, he said he planned to introduce a new Bill at Holyrood by June to alter the original Act, with a view to it coming into effect in 2018.
He previously suggested there would be a new system in place by August this year.
Instead of the widespread data-sharing seen as key to the original named person scheme, the new Bill will merely create a “legislative prompt” to those in child protection.
Those concerned about a child’s wellbeing will be required to consider whether they need to share information with other agencies, and only in “exceptional circumstances” will they be allowed to do so without parental consent.
Even then, they will be obliged to follow existing data legislation, meaning the threshold for action will be risk of serious harm to a child, rather than general wellbeing.
Mr Swinney, who inherited the named persons saga from his predecessor Michael Russell and former Children’s Minister Aileen Campbell, said information sharing would have to be compatible with data protection law, human rights and the law of confidentiality.
He said: “Only if information can be shared consistently within these legal constraints will there be a power to share it and the legislation will make this clear."
He said he had “listened to parents” and remained “absolutely committed” to the policy, and claimed there had been a lot of “misinformation” about its intent.
He said: "The approach I have set out seeks to bring consistency, clarity and coherence to the practice of sharing information about children and young people's wellbeing across Scotland."
READ MORE: Former SNP MP Jim Sillars to speak against Scottish Government's 'named person' plans
Simon Calvert, of No To Named Persons, the campaign which took the SNP Government to the Supreme Court, said: “However they try to spin it, this is a major climb down. After two years of causing fear and confusion amongst parents, they are now conceding that they cannot lower the threshold for non-consensual disclosure of personal information on families.
“They are reverting to the existing threshold of ‘risk of harm’. It’s about time.”
Tory MSP Liz Smith said Mr Swinney should simply abolish what remained of the scheme.
She said: “This is a scheme that has run aground and the fact the delay is now at two years shows exactly that. If the SNP had been listening properly it would have recognised months ago that it is completely unworkable and unwanted. Rather than muddy the waters further, John Swinney should scrap this policy once and for all.”
Labour's Iain Gray urged Mr Swinney to excluded 16 and 17-year-olds from the scheme in order to re-establish its credibility with the public.
Green MSP Ross Greer MSP said: “More work needs to be done to ensure parents and young people understand the benefits of the provision, and to counter misinformation.”
Barnardo’s Scotland director Martin Crewe said: “We are pleased that the Scottish Government has listened to the organisations and individuals who shared concerns about information sharing and that Ministers have found a way to address the issues highlighted by the Supreme Court, ensuring that the Named Person policy can be implemented.”
READ MORE: Named person scheme consultation in 'veil of secrecy' accusations
Dr Alan McDevitt, Chair of the BMA’s Scottish GP Committee, said: “We are pleased to hear that new legislation will be introduced to ensure that information will only be shared with consent in all but the most exceptional circumstances. Patient confidentiality must be maintained wherever possible and access to patient information without the consent or knowledge of a patient should be used only where there is perceived risk to the individual.”
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