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Christian charity to sue ministers after ‘guardian’ legislation passed

Protesting the Governments Bill to give every child a named guardian until their 18th birthday.
Protesting the Governments Bill to give every child a named guardian until their 18th birthday.

A Christian charity is suing ministers after plans to give every child in Scotland a “guardian” until the age of 18 were passed by parliament.

The Christian Institute announced its intention to drag ministers through the courts in a bid to overturn legislation to appoint a “named person” for more than one million young people.

Director Colin Hart said a £30,000 challenge would be launched “in defence of family life against state intrusion” after the Children and Young People (Scotland) Bill was passed by MSPs, with 103 votes in favour and 15 abstentions.

He said: “This is a dreadful extension of the state’s tentacles into family life. Churches, lawyers and parents opposed this.

“But we are faced with the arrogance of a politically-correct pseudo elite intent on stamping their unrepresentative views on the people of Scotland.

“We have no option but to challenge this ‘illegal’ law all the way.

“We have the best legal advice from the eminent human rights QC Aidan O’Neill, who is in no doubt the proposals fall foul of Article 8 of the European Convention of Human Rights.

“We have families who are ready to go to court to fight this law. And we will support them every step of the way.”

A Scottish Government spokesperson said: “We are confident that the Bill is compliant with the European Convention on Human Rights.

“Families are not required to accept advice or offers of help from the Named Person.

“Any actions or advice from the Named Person must be fair, proportionate and respect rights with the aim of safeguarding the wellbeing of the child.”

Children’s minister Aileen Campbell said the intention was “to ensure children and families have somewhere to go if they need an extra bit of help and that none are left without support”.

However, the Bill was met by opposition from a number of groups and by the Conservative Party.

The Royal College of Nursing (RCN) Scotland raised concerns about inadequate resourcing by the Scottish Government to make the named person role a reality.

RCN Scotland director, Theresa Fyffe, claimed an extra 450 health visitors would need to be recruited and trained to make the policy work.

Around 60 kinship carers, their supporters and children protested loudly before MSPs voted on the proposals.

They could be seen and heard chanting and singing outside Parliament, claiming vital support for vulnerable children in kinship care will be cut.

Tory young person spokeswoman, Liz Smith, had put forward amendments that would mean those aged 16 and above would not have a named person assigned to them.

The Mid Scotland and Fife MSP said: “We believe the policy is wrong in principle, that it does not have conclusive supporting evidence and has not been properly costed.”

SNP MSP Ms Campbell replied: “We want to promote an early intervention and prevention approach, that is coordinated and prevents problems escalating into crisis.

“We want to ensure as far as possible no child slips through that net. A named person for every child will help us achieve all of that.”