The Supreme Court ruled yesterday that the SNP’s state guardian policy – which allows information about children to be shared between public bodies - was unlawful.
However, pressure is mounting on the Scottish Government to explain why it has consistently stuck by the proposals.
In March the SNP insisted named person plans were “proportionate and appropriate”, according to then children’s minister Aileen Campbell.
But now the Scottish Conservatives are calling for Nicola Sturgeon to admit her government got it wrong.
A series of parliamentary questions have been laid down demanding to know:
- Whether or not the Scottish Government took legal advice in relation to the information sharing aspect of named person
- If legal advice was received, who provided it and when was it given
- If ministers took advice on the potential for their plans to break data protection laws
- Whether or not the Scottish Government will make public this legal advice
MSPs have consistently been brushed off by the SNP amid questions over the scope of the data sharing proposals.
On March 1 this year, Scottish Conservative MSP Liz Smith asked Ms Campbell about those concerns.
She responded: “The 2014 act provides a robust framework to allow for that information sharing to happen in a proportionate and appropriate way. It provides that reassurance that families deserve.”
Pressed on whether or not the plans met data protection laws, she insisted there was a “robust framework” to allow information to be shared.
And in 2014, Ms Smith warned the Scottish Government that the policy could be vulnerable to legal challenge.
Today, campaigners also warned that the Scottish Government could be facing millions of pounds worth of legal action from parents whose children are already subject to the scheme.
The policy – which would see everyone under the age of 18 appointed a named person such as a teacher or social worker – was due to come into force by the end of August.
Scottish Conservative shadow education secretary Liz Smith said:
“The SNP was told consistently that plans to share children’s confidential details were wrong.
“But critics were just brushed aside and told they were scaremongering.
“We now need to know how it was ever allowed to get to this stage.
“Aileen Campbell told MSPs only a few months ago that plans to share information were ‘proportionate and appropriate’.
“The Supreme Court has blown that out of the water – it’s clear they are in fact disproportionate and inappropriate.
“Either the Scottish Government knew it risked breaking human rights laws and went ahead anyway, or didn’t realise – in which case it has been utterly negligent.
“The SNP needs to stop the arrogance and accept these plans were wrong.
“Until it does, nobody can trust this Scottish Government any more to put the best interests of families before its own political ends.
“Nicola Sturgeon has to make it clear – she got this wrong.”