We intervened because we were concerned that the information sharing provisions of the Children and Young People (Scotland) Act 2014 did not strike the right balance between appropriate sharing of information and a child’s right to privacy. We were concerned that by allowing confidential information to be shared without consent, there was a danger that young people would not engage with confidential services and so would not obtain the support that they required (read our Stage 3 Briefing on Information Sharing here).

You can read our Intervention in the Supreme Court case here. 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. Read Clan Childlaw’s Press Release on the judgment here. Clan Childlaw’s Principal Solicitor, Alison Reid, was interviewed by the BBC in relation to the scheme.

Further reading on this case:

Opinion Piece on Named Person – Fiona Jones, Clan Childlaw’s Policy & Advocacy Consultant, sets out the background to Clan’s intervention in the Supreme Court Named Person case in which we highlighted our long-standing concerns about the adverse impact of the information-sharing provisions on the rights of children and young people.