Monthly Archives: August 2016

‘Oh, for heavens sake!’ – More on Named Persons

Oh, for heavens sake!

Look, on the one hand, there are people out there who think that the State has no role whatsoever in family life. Some of them choose to live in bunkers, and I am sure there are literal and metaphorical bunkers in Scotland. Self-styled Freemen on the Land are an example of a group with no respect for the Rule of Law, and who do not recognise the role of the State. Some of them harm their children too.

On the other hand, are those who are inherently distrustful of family life. Some of them would like to keep universal databases, and the whole of the population under surveillance. Some of them point to when things go wrong in families, others dislike the family model, because they dislike the philosophical convictions of some people who live in families. Some have a commercial interest in the database and surveillance industries.

In between these two extremes, Continue reading ‘Oh, for heavens sake!’ – More on Named Persons

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The ‘Named Persons’ Scheme – When Protecting Wellbeing Is Totalitarian

This post by me is also available at Pink Tape and Local Government Lawyer

Back in 2013, I was asked by the Scottish home education charity Schoolhouse HEA to provide a legal opinion on the proposed scheme to appoint so-called “named persons” to every child in Scotland. I was asked specifically to comment upon its compatibility with EU and human rights law. My opinion was that it was incompatible with both. That opinion can be read on the website of the Scottish Parliament here, and with an attractive full-colour cover on Schoolhouse’s website here.

While pretty much every legally-qualified response to the proposed scheme expressed concerns (e.g. cl@n childlaw (which became an intervener), Faculty of Advocates, Govan Law Centre,  Law Society of Scotland, Kenneth Norrie, Professor of Law, Strathclyde University, Scottish Child Law Centre – each of whom referenced Article 8 specifically), the legislation was nonetheless passed, and legal challenges to the scheme failed in the Scottish Outer and Inner Courts of Session. Thus, the case arrived at the Supreme Court, which issued its judgment today.

When you have begun believing you are simply applying well-established principles, three years of people taking a contrary view is a long time to wait. Continue reading The ‘Named Persons’ Scheme – When Protecting Wellbeing Is Totalitarian