Named Person scheme changed to recognise rights around information sharing

The Scottish Government has published changes to its controversial named person scheme.

The scheme will appoint a named person, usually a teacher or health visitor, who will be responsible for ensuring the welfare of every child.

It had been due to come into force last August, but the Supreme Court ruled that sections covering information sharing did not comply with the law. In its judgment on 28 July 2016 the Supreme Court determined that the information sharing provisions contained within the Children and Young People (Scotland) Act 2014 are incompatible with the rights of children, young people and parents under Article 8 of the European Convention on Human Rights.

The changes published in the Children and Young People (Information Sharing) (Scotland) Bill, aim to overcome those concerns.

They aim to ensure that public bodies can only share information about children if is likely to “promote, support or safeguard the wellbeing” of the child.

Public bodies will also be required to consider whether sharing the information would be compatible with data protection, human rights and confidentiality laws.

Only then will they be given the power to share the information.

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Image credit: AwesomeSA, flickr 

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