There was submitted a report by the Head of Child Care & Criminal Justice, Children’s Services, Renfrewshire Council relative to an update on the Named Person Scheme contained within the Children and Young People (Scotland) Act 2014.
The report advised that the Act provided a framework for information sharing between professionals to support the functions of the Named Person however, four charities and three individual parents challenged aspects of the legislation in relation to the Named Person Scheme.
The initial challenge was rejected in the Court of Session and the appellants appealed to the Supreme Court. The Supreme Court announced its judgment on 28 July 2016. The Supreme Court held that Part 4 of the Children and Young People (Scotland) Act 2014 was incompatible with Article 8 of the ECHR. The Supreme Court had proposed that an Order be made to allow the Scottish Government an opportunity to correct this and had given them 42 days to make written submissions on what the terms of this Order should be. The Scottish Government assessed what this meant for the timescale of implementation and continued to progress its preparations for implementation of the named person service and related provisions. However, as the Supreme Court found that the aspects of the Children and Young People (Scotland) Act 2014 were outwith the legislative competence of the Scottish Parliament, they could not be brought into force in the meantime.
It was noted that the named person duties in the Act were due to be effective from 31st August 2016. A local, interagency implementation plan was at a final stage to ensure the relevant policy, procedure, communications and training were in place for the planned commencement of the Act. This work was suspended pending the outcome of the Scottish Government response to the Supreme Court.
At the meeting of the Children and Young People Thematic Board on 26 May 2016 a report was considered on information sharing guidance to support the implementation of the Children and Young People (Scotland) Act 2014. The Board at that time agreed to approve local guidance however as a result of the Supreme Court judgment this had been withdrawn. A further update would be provided to the Board once timescales from Scottish Government were clearer on their response to the Supreme Court judgment.
DECIDED:
(a) That the content of the report be noted; and
(b) That it be noted that the revised Information Sharing Practitioner Guidance, which was due to be implemented from 31 August 2016, had been withdrawn.