header-logo header-logo

04 November 2016 / Nicholas Dobson
Issue: 7721 / Categories: Features , Public
printer mail-detail

Walking the tightrope

nlj_7721_dobson

The Scottish “named person” service is unlawful, says Nicholas Dobson

  • The information sharing provisions in Pt 4 of the Children and Young People (Scotland) Act 2014 are incompatible with the rights of children, young persons and parents and may in practice result in a disproportionate interference with their Art 8 rights.

Child welfare is a pressing and emotional national concern. Children are inherently vulnerable and obviously need careful nurturing and protection to ensure their healthy growth and development. But striking a fair and lawful balance between the rights of children and those of their parents or guardians is rather like walking a swaying tightrope. Nevertheless, this tightrope must be successfully navigated by any venturing to legislate in this area.

The Scottish government consequently came unstuck with its undoubtedly well-meaning “named person” provisions in Pt 4 of the Children and Young People (Scotland) Act 2014 (the Act). For on 28 July 2016 the Supreme Court in The Christian Institute and others v. The Lord Advocate (Scotland) [2016] UKSC 51, [2016] All ER (D) 156 (Jul),

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll