Scotland's Named Person Scheme

Gillian Black*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

The Scottish Government's proposal to introduce a "Named Person" scheme was intended to improve child protection and wellbeing in Scotland, by allocating an identified Named Person to every child in Scotland. The scheme was met by considerable concern from a range of parties, and was challenged in the courts on the basis that the data sharing provisions infringed the data protection and Article 8 of the European Convention on Human Rights (echr) privacy rights of children and parents. As a result of the complexities of introducing lawful data sharing provisions, the scheme has now been scrapped, without ever being introduced. However, at no point was there any sustained analysis of the impact of Article 5 of the United Nations Convention on the Rights of the Child (uncrc) on the Named Person scheme: to what extent would the Scottish Government proposals have helped parents meet their obligations under Article 5? Or would they in fact have infringed parents' and children's rights? This article provides a case study of Article 5 in practice, by setting out the background to the now-defunct Named Person scheme, before going on to analyse its interaction -and compliance -with the State Party's obligations under Article 5.

Original languageEnglish
Pages (from-to)571-587
Number of pages17
JournalInternational Journal of Children's Rights
Issue number3
Early online date24 Aug 2020
Publication statusPublished - 2020

Keywords / Materials (for Non-textual outputs)

  • Article 5
  • Article 8 privacy
  • child protection
  • data protection
  • Named Person scheme
  • parental responsibilities and rights
  • Scotland
  • uncrc


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