Named person service update
The Deputy First Minister has announced he will bring forward a Bill that will include new provisions on when and how information can be shared by and with the Named Person service.
Named persons and other service providers will have the power to share information where it promotes, supports or safeguards the wellbeing of a child or young person.
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Speaking in Parliament, Deputy First Minister John Swinney also made clear that information sharing must also remain compatible with the laws on data protection, human rights and confidentiality.
Mr Swinney was responding to last year’s Supreme Court ruling on the Children and Young People (Scotland) Act 2014 and subsequent, extensive engagement on how measures relating to information sharing could be clarified.
The requirement to share information by or with a Named Person service will be replaced with a duty on Named Person service providers and relevant authorities to consider if they have information that would promote, support or safeguard a child’s wellbeing if shared, and if they hold such information, a further duty to consider if they have the legal power to share this information compatibly with data protection law, human rights and the law of confidentiality.
If both of these are true then they will have a power to share the information but not a requirement to share the information. New legislation will be introduced before summer recess.