Gilchrist struggles to eat and can be sick dozens of times a day
because of severe food allergies which causes his throat to become
inflamed, known as eosinophilic esophagitis, which affects just one in
when he continued to miss classes at Speyside High School, in Aberlour,
Moray, his named person – a guidance teacher – referred the family to a
14-year-old’s outraged mother, Clare, said the state guardian had
needlessly interfered in their lives making the family feel like
spoke against the scheme, which has been trialled in parts of Scotland,
as it came to light Moray Council is going to implement the practice
from Tuesday despite a Supreme Court ruling last month that elements of
the legislation were unlawful and in breach of human rights. Ms
Gilchirst, from Rothes, said her son’s poor school attendance was seized
upon by his named person.
explained the teacher “dragged in child protection and referred us to
the children’s reporter” and added: “The council do not have policies
for chronic illness in schools and force ill children to attend
full-time whatever the cost to their health.
“Ciaran ended up hospitalised because of his named person, who was his guidance teacher at Speyside High School.
summer was destroyed completely for us, and more importantly our son
and daughter, who worried themselves silly after receiving letters from
the reporter although they had done nothing wrong.
“It was vindictive and cruel, especially as Rebecca was still at primary school with no issues whatsoever.
can a named person have that much power? They please themselves what
they do and have secret little meetings you know nothing about behind
your back – we only know because our GP told us.
“They have destroyed my son’s life and he trusts absolutely nobody now.”
voiced her concerns after learning officials at Moray were preparing to
go ahead with the Scottish Government scheme despite warnings from the
country’s most senior judges there were data protection and human rights
had planned to implement named persons for every child under the age of
18 from the end of the month under the Children and Young People
(Scotland) Act 2014 but were forced to delay the move because of the
However, Moray Council has confirmed it is going ahead with its own version of the initiative from this week.
assurances the local authority would not be breaching any laws, parents
across the region have been left powerless to stop the implementation
and fear sensitive data will be shared between agencies without their
year a senior council employee confirmed there was a new system for
data collection and sharing designed to support the scheme.
Pendery, service manager for the integration of children’s services,
said personal data of every child and associated adult was to be held on
a single electronic record with “information from every organisation
later emerged that during the early trials of the scheme a guidance
teacher appointed among the council’s first named persons had been
convicted of sharing sexual fantasies about children and placed on the
Sex Offenders Register.
were further issues with the pilot earlier this year when Highlands and
Islands Tory MSP Douglas Ross questioned its viability after finding
that the work of 80 named persons was covered by just eight officials
over Easter holidays with one of them handling 25 police referrals in a
Anya Kimlin condemned the council’s decision to forge ahead with named
persons when there were so many unresolved issues showed lack of respect
to responsible parents.
said: “As a home educator, I am used to Moray Council’s contempt for
the law and Scottish Government guidelines, but this takes it to a new
to what they are telling us, the Supreme Court did not say that the
named person scheme was legitimate and benign. They said that the
original aims of the legislation were legitimate and benign.
I spoke to my MSP, he appeared bewildered and more or less said it was
not his area. Why are my children’s rights not his area?
this has shown is that the majority of MSPs across the board have no
respect for the law and no respect for the rights of ordinary people.
they go ahead with this scheme without acknowledging the Supreme
Court’s decision, they will be showing contempt for the human rights of
everyone they are supposed to serve and risk being on the receiving end
of law suits from children and parents.”
Clavert of the NO2NP campaign also criticised the council’s decision to
plough ahead with the unpopular scheme and added: “The Supreme Court
ruling gutted the Named Person legislation of its central component. It
said the sharing of private data at the undefined threshold of wellbeing
was a breach of human rights.
exactly is it that Moray think they are now going to implement? Because
if it is the Named Person scheme contained in the 2014 Act they will be
breaking the law, it”s a simple as that.
talking human rights here. Don”t they care? Rather than pressing on
with a full roll-out of the Named Person, they should be worrying about
whether their existing practice is already breaching the human rights of
But a spokesman for Moray council said they were perfectly within the law to go ahead with the state guardian scheme.
added: “We will not be adopting the information-sharing protocols in
the 2014 Act, but will still conform to the Information Commissioner’s
council has always complied with statute [the Data Protection Act] and
no information-sharing has taken place in Moray out with current law.” Source