A ‘serious lack of clarity’ and absence of safeguards highlighted by senior judges have still not been addressed by the Scottish Government’s Named Person plans, lawyers warned in August.
Following a legal challenge, ministers drastically watered down their original proposals in a new Bill, but the Faculty of Advocates has said that the revised plans do not go far enough. It warned that teachers and social workers’ jobs could be made ‘considerably more difficult’ by the new proposals. The group also cautioned that families’ trust risked being ‘undermined’ by the ‘imposition’ of the Scottish Government’s proposals.
‘Heading for the buffers’
Some of the Supreme Court’s criticisms ‘will continue to apply if the Bill as drafted is passed and the accompanying Code of Practice is approved’, the Faculty said. Urging ‘clear and accessible’ rules, it noted that teachers, social workers and health visitors must be able to understand what is required of them – rather than having to interpret legal jargon. The lawyers also pointed out that issues around information sharing and consent were ‘sufficiently fundamental’ to be covered by legislation, rather than simply the Code of Practice. Edinburgh Council and NHS Highland have also raised questions over the new proposals.
