"Named person" law challenge to be taken to Supreme Court

Campaigners against the Scottish Government's "named person" legislation plan to take their case to the UK Supreme Court, despite losing at first instance and appeal in the Court of Session.

The Christian Institute and three other charities, together with three individual parents, have been seeking a declaration that part 4 of the Children and Young People (Scotland) Act 2014 is beyond the powers of the Scottish Parliament as it contravenes the European Convention on Human Rights. Under the scheme an individual, such as a teacher, will be nominated for each child and young person in Scotland, to be responsible for providing advice and support to the child or a parent, and helping the child to access services, among other things. The petitioners claim that this amounts to “unjustifiable state interference” with the rights of parents to determine, in accordance with their conscience and religion, the proper approach to the welfare and upbringing of their children. 

Last month the Inner House upheld Lord Pentland's decision that the legislation was within the Parlliament's powers (click here for report). Lord Justice Clerk Carloway dismissed the petitioners' concerns as having "the appearance of hyperbole", holding that the legislation "has no effect whatsoever on the legal, moral or social relationships within the family".

Simon Calvert, speaking for the petitioners, claimed that the court had "not engaged properly" with their arguments. He commented: "Fundamental issues are at stake here for families across Scotland, and it is right that we use all the legal measures at our disposal to stand up for those families and their right to a private life."

The Supreme Court hearing is scheduled to take place next March.