GIRFEC chronology – the road to hellbeingA comprehensive chronology can be found at https://leahurst66.wordpress.com/girfec-chronology-the-road-to-hellbeing/
Also follow on Twitter https://twitter.com/Leahurst66
UK ratified the UNCRC[https://www.unicef.org.uk/what-we-do/un-convention-child-rights/]
UNCRC must be seen as a whole: all rights are linked and no right is more important than another. The right to relax and play (Article 31) and right to freedom of expression (Article 13) have equal importance the right to be safe from violence (Article 19) and right to education (Article 28).
Who Controls Our Children: How Public Schools Dumb Down Kids”[https://www.youtube.com/watch?v=gfInio1sLE0]
An explanation of Outcome-Based Education (OBE) by Peg Luksik, Pennsylvania Parents’ Commission. The blueprint for Curriculum for Excellence / GIRFEC / SHANARRI outcomes defined by the state.
Clyde Inquiry into the Removal of Children from Orkneyhttps://www.gov.uk/government/publications/inquiry-into-the-removal-of-children-from-orkney-in-february-1991
Report criticised social workers, police, Orkney Islands Council. Social workers' training, methods, and judgement were given special condemnation, and concept of "ritual abuse" was said to be "not only unwarrantable at present but may affect the objectivity of practitioners and parents"
What's Wrong With Outcome-Based Education? (Phyllis Schlafly Report)[https://www.ourcivilisation.com/dumb/dumb3.htm]
Outcome-Based Education tosses traditional units out the window and replaces them with vague and subjective "learning outcomes" that cannot be measured objectively by standardized tests and for which there is no accountability to parents and taxpayers. Under OBE, grades have no relation to academic achievement and knowledge.
Children (Scotland) Act 1995[http://www.legislation.gov.uk/ukpga/1995/36/contents]
An Act to reform the law of Scotland relating to children, to the adoption of children and to young persons who as children have been looked after by a local authority; to make new provision as respects the relationship between parent and child and guardian and child in the law of Scotland; to make provision as respects residential establishments for children and certain other residential establishments; and for connected purposes.
UK General election returns New Labour[http://www.ukpolitical.info/1997.htm]
Under the leadership of Tony Blair, the Labour Party ended its 18 years in opposition and won the general election with a landslide victory, winning 418 seats, the most seats the party has ever held.
Protecting Children - A shared responsibility: Guidance on Inter-Agency Cooperation[http://lx.iriss.org.uk/sites/default/files/resources/039.%20Protecting%20Children%20-%20A%20Shared%20Responsibility.%20%28Guidance%20on%20IA%20Cooperation%29.pdf]
Foreword by Donald Dewar
Welfare of child paramount consideration; intervention must be justified; children’s views important; no order or requirement unless court or hearing considers it better than not making it.
Data Protection Act 1998[http://www.legislation.gov.uk/ukpga/1998/29/contents]
UK DP Act received royal assent. Defined the law on the processing of data on identifiable living people and is the main piece of legislation on data protection. Although the Act does not mention privacy, it was enacted to bring UK law into line with the 1995 EU Data Protection Directive. It provides a way for individuals to control information about themselves.
Human Rights Act 1998[http://www.legislation.gov.uk/ukpga/1998/42/contents]
The HRA 1998 is a UK Act received royal assent on 9 November 1998 and mostly came into force in October 2000. It incorporated into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.
Scottish Parliament reconvened[http://news.bbc.co.uk/democracylive/hi/historic_moments/newsid_8187000/8187312.stm]
Scottish Parliament reconvened after 292 years.
The Folly of Sweden's State Controlled Families[http://www.nkmr.org/en/european-court-of-human-rights/174-import/1650-siv-westerbergs-london-lecture]
Warning from Nordic Committee for Human Rights.
"Where other European dictatorships once used policemen and armed soldiers to make citizens obedient, Swedish authorities use doctors, nurses, midwifes, teachers, pre-school teachers and child-care assistants to do their dirty work.
Initially these professionals are friendly; they seem to be really interested in you and your family's wellbeing."
Standards in Scotland's Schools etc. Act 2000[http://www.legislation.gov.uk/asp/2000/6/pdfs/asp_20000006_en.pdf]
1 Right of child to school education
2 Duty of education authority to provide school education
directed to development of personality, talents, mental and physical abilities of child to fullest potential.
Regard to views (if they wish to express them) of child in decisions that significantly affect them, taking account of age and maturity
14 Guidance to education authorities on home education
shall have regard to such guidance.
Action on Rights for Children (ARCH) foundedInternet-based not-for-profit UK children’s rights organisation with a particular focus on civil rights and liberties, working for the advancement of children’s human rights, conducting research, publishing information, and promoting the recognition by policy makers of their obligations to children under existing human rights instruments. Founded by four home educators.
'For Scotland's Children' report published'[http://www.gov.scot/Publications/2001/10/fscr]
Part 1 (pdf) [http://www.gov.scot/Resource/Doc/1141/0105219.pdf]
Part 2 (pdf) [http://www.gov.scot/Resource/Doc/1141/0105220.pdf]
Plan for single service system where *every child matters*, every child has the best possible start in life.
On shared assessment: confidentiality a big issue, need to address *issues arising from human rights and data protection legislation.*
Not missing but learning at home[http://news.bbc.co.uk/1/hi/education/1805250.stm] N
In Scotland, home educators are preparing for a march on Parliament in protest at a proposed tightening of the rules by the executive. A report by the Scottish Consumer Council accused authorities of harassment and intimidation.
[Attempts by Labour to bring in parent licensing in Scotland, starting with a minority group, were thwarted by an unholy alliance of Tory and SNP MSPs and new guidance issued]
National Debate on Education launched by Scottish Executive
Privacy and data-sharing The way forward for public services[https://ntouk.files.wordpress.com/2015/06/privacy-and-data-sharing-the-way-forward-for-public-services-2002.pdf]
Tony Blair PM: "The report concludes that there is great potential to make better use of personal information to deliver benefits to individuals and to society, including through increased data-sharing."
Parliamentary Questions on ScotXEd (Scottish Exchange of Educational Data[http://archive.scottish.parliament.uk/business/pqa/wa-02/wa0702.htm]
Information governance questioned by SNP MSPs.
'Educating for Excellence, Choice and Opportunity' (Scottish Executive)Response to National Debate on Educattion.
Scottish Executive believed Scots children should leave school ready for the world of work, training, college or university:
Literate and numerate
*Creative and skilled at solving problems
*Responsible and active members of society and considerate of others
*Ambitious, enterprising and confident
*Able to succeed in a world where they value others and are valued for themselves
*Motivated to continue learning throughout life.
Laming Report on death of Victoria Climbie[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/273183/5730.pdf]
Used as a vehicle to justify and push through Blair's already-planned egovernment data sharing agenda, 'Every Child Matters' and children’s databases.
Ryogens - the prototype for the Children Bill Big Nanny database?[http://email@example.com/blog/2004/04/12/ryogens-the-prototype-for-the.html]
Ryogens system shares data and soft intelligence concerns about vulnerable children between the Police, Schools and Social Services, below the levels of concern required for statutory reporting, also links to Geographical Information Systems and attempts to alert various Child Care Professionals i.e. it must include rumours and unsubstantiated reports and possible libels.
Joint Committee On Human Rights Nineteenth Report (information sharing)[https://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/161/16106.htm]
"We are concerned that, if the justification for information-sharing about children is that it is always proportionate where the purpose is to identify children who need child welfare services, there is no meaningful content left to a child's Article 8 right to privacy and confidentiality in their personal information."
A Curriculum for Excellence - The Curriculum Review Group established[http://www.gov.scot/Publications/2004/11/20178/45862]
Aspiration for all children to develop capacities as successful learners, confident individuals, responsible citizens and effective contributors to society.
Curriculum for Excellence is in harmony with National Priorities and will help achieve our vision for children and young people. All children and young people should be safe, nurtured, achieving, healthy, active, included, respected and responsible.
Schools for the 21st Century: the national debate on education in Scotland
Children’s Databases – Safety and Privacy[http://www.fipr.org/childrens_databases.pdf]
A Report for the ICO by the FIPR. Authors: Ross Anderson, Ian Brown, Richard Clayton, Terri Dowty, Douwe Korff , Eileen Munro.
Research project to ‘identify the growth in children’s databases and assess the data protection and privacy implications’.
Background to the project is the establishment recently of databases relating to children across social services, education, crime and health.
‘Getting it Right for Every Child’ - Proposals for Action published by Scottish Executive[http://www.gov.scot/Publications/2005/06/20135608/56173]
Foreword by ministers Peter Peacock MSP and Euan Robson MSP
Disguised as proposed reform of the children's hearings system, introuces GIRFEC outcomes and SHANARRI wellbeing indicators and the triangle. Refers to work done by the Department of Health, Department for Education and Skills and Home Office (2000) and sets it within the Scottish context.
Herbison Report on death of Danielle Reid published[http://www.nhshighland.scot.nhs.uk/News/Pages/TheDeathofDanielleReid.aspx]
As with Laming report into Victoria Climbie's death in England, Danielle's murder in Inverness in 2002 was used to justify children’s databasing and GIRFEC in Scotland, allhough plans were already well advanced.
Family life faces State 'invasion' (Telegraph)[http://www.telegraph.co.uk/news/uknews/3341109/Family-life-faces-State-invasion.html]
In advance of a London School of Economics conference (27/6/06) Dr Eileen Munro said that if a child caused concern by failing to make progress towards state targets, detailed information would be gathered. That would include subjective judgments such as "Is the parent providing a positive role model?", as well as sensitive information such as a parent's mental health.
'Children over-surveilled, under-protected' LSE/ARCH conference[http://archrights.blogspot.co.uk/2006/06/databases_29.html]]
ARCHrights comment: "There's been quite a bit of media attention in the past few days, eg the Telegraph, BBC News and Daily Mail, and today there's a comment piece in the Guardian. This is all the more welcome because of its accuracy - it captures nicely the fact that the 'Children's Index' is only one element in a whole system of information-sharing and assessment of children."
ARCH Database Masterclass[http://databasemasterclass.blogspot.co.uk/]
***CHILDREN'S DATABASES*** This is a blog project designed to give you your very own cut-out'n'keep guide to all of the children's databases (note the plural). Because it's complicated, we've built it up in steps. Start at #1 and work through to #14.
"The sort of thing Hitler talked about"[http://news.bbc.co.uk/1/hi/uk_politics/5309890.stm]
Problem children target defended by Social Exclusion Minister. But Tony Benn said: "This one about identifying troublesome children in the foetus - this is eugenics, the sort of thing Hitler talked about."
Anastasia de Waal, head of the family and education unit at think tank Civitas: "It is teetering on genetic determinism this kind of saying that before children are even born they are labelled as problematic."
Tony Blair on early intervention (from the womb) - BBC video[https://www.youtube.com/watch?v=h6xbKFlawOk ]
The state should intervene pre-birth, making use of computer systems. Refusal of “help” will lead to sanctions such as removal. Threshold for intervention said to be “too high”.
'Our Nation’s Future - Social Exclusion' (Tony Blair speech)[http://webarchive.nationalarchives.gov.uk/20040105034004/http:/number10.gov.uk/page10037]
"Under the new arrangements, health visitors and midwives will seek to identify those most at risk, most simply by asking young parents or parents to be about difficulties they may be having, or about their own background. This can be supplemented by information from other public services, where we need to break down barriers to sharing data."
Charlotte Iserbyt - Deliberate Dumbing Down of the World[https://www.youtube.com/watch?v=DDyDtYy2I0M]
Charlotte Iserbyt served as Senior Policy Advisor in the Office of Educational Research and Improvement (OERI), U.S. Department of Education, during the first Reagan Administration, where she first blew the whistle on a major technology initiative which would control curriculum in America's classrooms.
Early Day Motion: Data Intrusion ('data rape')[http://www.parliament.uk/edm/2005-06/2911]
Early day motion 2911 That this House notes with concern the increasing incidence of data intrusion or `data rape' as it is increasingly becoming known, the process whereby personal and hitherto confidential data is transferred to central databases established by the Government which can then be made available to third parties, such as police and security services, without consent being required...
SNP wins historic election victory[https://www.theguardian.com/uk/2007/may/04/scotland.devolution]
One of the most dramatic and chaotic postwar British elections saw the SNP became the largest party in Scotland.
SNP proceeded to govern alone as a minority administration.
Ofsted ‘Tellus’ surveys[https://archrights.wordpress.com/2007/06/02/tellus-to-clear-off/]
Ofsted is asking children as young as 10 personal questions about their home life. About 120,000 pupils have already been questioned on how often they get drunk or smoke, and whether their mothers are in paid work – for an online survey. Ofsted has told schools they do not need to ask parents’ permission before pupils complete the survey to create a national database for use by councils.
ARCH videos: Children’s Databases; E-Caf; Lost in the system
Deloitte security review of ContactPoint[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/221884/deloitte_20contactpoint_20dsr_20report.pdf]
(Not released under FOI until June 2010 on order of ICO)
Early Years and Early Intervention: A joint Scottish Government and COSLA policy statement[http://www.gov.scot/Publications/2008/03/14121428/0]
This document sets out a joint approach to early years and early intervention by the Scottish government and COSLA. It describes how early years and early intervention support the purpose and national performance framework, and proposes a list of tasks to be taken forward as part of the early years framework.
Data Sharing Report to PM (Richard Thomas and Mark Walport)[http://amberhawk.typepad.com/files/thomas-walport-datasharingreview2008.pdf]
Made 19 recommendations.
Protecting the Virtual Child: The Law and Children’s Consent to Sharing Personal Data[http://medconfidential.org/wp-content/uploads/2013/03/Protecting-the-virtual-child.pdf]
PROTECTING THE VIRTUAL CHILD:The Law and Children’s Consent to Sharing Personal Data
Link from this forum thread has disappeared, probably because Danielle Reid's murder was not the catalyst for GIRFEC.
Database State report published[http://www.cl.cam.ac.uk/~rja14/Papers/database-state.pdf]
Report commissioned by the Joseph Rowntree Reform Trust.
"Of the 46 databases assessed in this report only six are given the green light. That is, only six are found to have a proper legal basis for any privacy intrusions and are proportionate and necessary in a democratic society."
Richard Thomas ICO criticises ContactPoint[http://www.theregister.co.uk/2009/05/14/data_bigwig_predicts_change/]
Outgoing ICO Richard Thomas: “There are reasons why we need to promote better information sharing where children are at risk of harm, but whether the answer is to database every child in the country should be seriously questioned."
Education (Additional Support for Learning) (Scotland) Act 2009[http://www.legislation.gov.uk/asp/2009/7/contents]
An Act of the Scottish Parliament to amend the law in respect of placing requests in relation to the school education of children and young persons having additional support needs and in respect of arrangements between education authorities in relation to such school education; to make minor provision in relation to additional support needs...
Badman Review of Home Education published[https://www.education.gov.uk/consultations/downloadableDocs/PDF%20FINAL%20HOME%20ED.pdf]
The Badman recommendations (dropped in 2010) included annual registration/licensing scheme, giving LAs the right to access homes and interview children without their parents present. Parental non co-operation could lead to permission to home educate being withheld.
ID cards for babies (the rest will follow) article outlining background to GIRFEC data collection[http://www.home-education.biz/articles/id-cards-for-babies-the-rest-will-follow/]
ID cards for babies article pubished by Home Education Forums, charting the history of GIRFEC data collection and sharing. Circulated to ministers, ICO and others concerned with privacy issues.
Targets good, privacy bad (ARCH blog)[https://archrights.wordpress.com/2009/11/17/targets-good-privacy-bad/]
LAs are planning to issue their own surveys in order to gather performance-indicator data. Children’s services need to step up data collection to assess whether they are meeting their PSA targets, derived from the ‘five outcomes’, the government’s aims for children:
Enjoying and Achieving
Making a Positive Contribution
Achieving Economic Wellbeing
UK.gov hoovers up data on five-year-olds (The Register)[http://www.theregister.co.uk/2009/11/17/childrens_data/]
The “School Entry Wellbeing Review”requires parents to supply over 100 different data points about their own and their offspring’s health. The Review asks parents to indicate whether their child “often lies or cheats”: whether they steal or bully; and how often they eat red meat, takeaway meals or fizzy drinks.
Risky people or risky societies? Rethinking interventions for young adults in transition[https://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/T2A1risk.pdf]
Report by Centre for Crime and Justice Studies: Risk-based approaches to children and young people are overly reliant on a
misreading of a research base that itself is limited to a relatively narrow set of questions. The result, unsurprisingly, has been inconclusive policy results and an ongoing widening of the youth justice net.
ARCH Privacy Guide for Parents[https://leahurst66.files.wordpress.com/2017/02/archprivacyguideforparents.pdf]
ARCH Guide for parents (2010) on the proliferation of information being collected about their children and how to maintain as much control as possible.
SCCYP applauds policy-making without evidence (ARCH)[https://archrights.wordpress.com/2010/04/28/policy-making-without-evidence/]
Scottish Children’s Commissioner Tam Baillie said indicators that a child will go on to offend can be present from a young age and it is important to “get in early”.
If you keep repeating something often enough, even intelligent people start to believe it. The ‘risk prediction’ concept is now firmly entrenched but where is the evidence?
Eileen Munro: Refocussing child protection (via ARCH)[https://archrights.wordpress.com/2010/04/29/refocussing-child-protection/]
Eileen Munro o child protection:
Wants to wipe the slate clean. “We’re not talking about trimming back the current forms but re-examining why we record anything and ensuring that what we do record helps children. We have to go back to recording the narrative, not data.”
The Baby P blame game reveals that social work reform has taken a turn for the worse (Sue White, Guardian)[https://www.theguardian.com/society/joepublic/2010/apr/29/baby-p-social-work-reform-backtracks]
The Baby P blame game reveals that social work reform has taken a turn for the worse
The system keeps limping along – its feet bearing the self-inflicted gunshot wounds of trigger-happy policymakers…They promised us a safe 4×4 in which to navigate a primrose path, but we’ve ended up down a muddy track in a Reliant Robin. Let’s get out and walk.”
UK General Election[https://en.wikipedia.org/wiki/United_Kingdom_general_election,_2010]
Coalition government formed
eScience = biological economic devices?[http://www.computescotland.com/escience-biological-economic-devices-3298.php]
Cambridge researcher Dr Ian Dent casts a reflective look at how 'Digital Britain' progresses in his study on 'Beyond Broadband'. The main question it asks of you as you read it is: conspiracy theories or uncomfortable resonance?
Coalition Govt to scrap ContactPoint[https://www.theguardian.com/politics/2010/may/27/theresa-may-scrapping-id-cards]
Coalition Govt announces abolition of ID cards and ContactPoint.
Consultation on National Guidance for Child Protection in Scotland:[http://www.gov.scot/Publications/2010/05/27095252/0]
Comment: Heavily GIRFEC orientated.
Home-educated children are specifically mentioned in Paragraph 582 (a subsection of "Children who are Missing").
" Home-educated children – A child may be unknown to services as a result of their removal from mainstream education."
- but doesn't cover children who were never in so-called mainstream education
Home ed orgs aree not listed among the consultees.
Data Protection in the European Union: the role of National Data Protection Authorities[http://fra.europa.eu/sites/default/files/fra_uploads/815-Data-protection_en.pdf]
National Data Protection Authorities as independent guardians (p8)
Directive 95/46/EC requires Data Protection Authorities to ‘act with complete independence in exercising the functions entrusted to them’ (Article 28(1) of the Directive).
EU Member States have made positive efforts to comply with Article 28(1)(2) of the DP Directive
Deloitte security report on ContactPoint released on ICO orders[http://www.telegraph.co.uk/education/educationnews/7858789/Secret-report-on-ContactPoint-database-found-significant-risks-to-security.html]
Deloitte security report on ContactPoint said children at greater risk by database
“Residual” dangers remained despite efforts to make it safe.
Security standards differed at councils using the online register of all 11million children in England
Personal information it contained could be leaked if old computers were sold on eBay.
"In the vast majority of recent child abuse cases, including the Victoria Climbie tragedy, which provided the main impetus behind the scheme, social workers knew that the respective children were at risk but failed to act properly to protect them.
In short, if ContactPoint had been running at the time it would have made no difference to the fate of these unfortunate children.”
Curriculum for Excellence implementedThe Curriculum for Excellence began to be implemented in schools in 2010/11, overseen by Education Scotland. Teachers and the EIS union saw CfE as vague, especially its 'outcomes and experiences'. They warned of lack of clarity in what was expected of teachers in the assessment of pupils' progress and attainment.
Highland Pathfinder - universal data collection revealed by HEF[http://www.home-education.biz/forum/general-discussion/12105-girfec-highland-pathfinder.html]
Home Ed Forums publishes details of extensive data collection on every child, family member (and pet) via HIghland Pathfinder
Was ContactPoint illegal? (HEF)[http://www.home-education.biz/forum/general-discussion/12693-was-contactpoint-illegal.html]
The Register: Crucially, by including so much detail, it raises the possibility that collecting information not on this list is likely to be unlawful.
eCare / GIRFEC inter-Agency Communication Tool (iACT) Privacy Impact Assessment[http://www.gov.scot/Resource/Doc/1141/0110087.doc]
Privacy Impact Assessment on the Scottish Government eCare iACT application, which enhances the existing eCare data sharing Framework with targeted messaging capabilities, to support the data sharing requirements of the Getting It Right For Every Child (GIRFEC) policy.
Education, integrated services and universal surveillance[http://subrosa-blonde.blogspot.co.uk/2010/11/tales-from-small-country.html]
Education is no longer a distinctive policy field and this has huge implications for the teaching profession. Initially integrated services were presented as a way of ensuring that “at risk” children did not “slip through the net”.This then came to apply to all children. And now integrated services are to cater for all citizens ‘from cradle to grave’. Lifelong “learning” for all.
National Guidance for Child Protection in Scotland issued[http://www.gov.scot/Resource/Doc/334290/0109279.pdf]
Update of *child protection* guidance: "The safety, welfare and well-being of a child are of central importance when making decisions to lawfully share information with or about them."
National risk identification and management toolkit currently in development.
References 'national risk identification and management toolkit currently in development'.
Stirling Council pilots universal data sharing "to identify families in need"[http://minutes.stirling.gov.uk/pdfs/scouncil/Reports/SC20121213Item19ExercisingWellbeing.pdf]
Stirling Councl pilot begins to pull together data sets "to identify families in need". Information consolidated and analysis of children and families informed decision making on services and interventions. ***Universal data processing without consent or statutoy vires****
Highland GIRFEC forms obtained by FOI[https://www.whatdotheyknow.com/request/getting_it_right_for_every_child_2]
Electronic copies of every version of the Public Health Nursing Record forms and/or Public Health Family Nursing Record forms used during the Highland Girfec pathfinder project; and electronic copies of the versions of these documents currently being used.
Early intervention and universal surveillance - "the sort of thing Hitler talked about"[http://subrosa-blonde.blogspot.co.uk/2010/12/early-intervention-and-universal.html]
“Early intervention programmes identify those deemed at risk of not achieving government defined outcomes. To do this requires the collection of huge amounts of highly personal data on every child and associated adults. Early intervention is the the latest cover story for databasing the population. “
Big Brother Scotland thread started on Home Ed Forums[http://www.home-education.biz/forum/general-discussion/12948-big-brother-scotland.html]Big Brother Scotland thread on HEF started to keep track of developments, beginning with Scottish Review investigations into GIRFEC information gathering and sharing. Extensive list of links to relevant articles, documents and comments. ***Must read***
Mind your own: Scotland unveils privacy principles (The Register)[http://www.theregister.co.uk/2010/12/24/scotland_unveils_privacy_principles/]
Scottish Government has published new guidance on achieving privacy-friendly public services.
John Swinney said: "Respect for privacy should be central to the way public services manage personal data. I want the public to be able to trust and have confidence in Scottish public services that are not only effective but also secure and privacy-friendly".
Scotland's secret files: A two-part expose of the Scottish database state[https://www.opendemocracy.net/ourkingdom/kenneth-roy/scotlands-secret-files-two-part-expose-of-scottish-database-state]
In this pair of articles, Kenneth Roy of the Scottish Review exposes the extent of the Scottish database state: the true nature of the long-awaited 'privacy principles' and the back-door introduction of a compulsory ID scheme for Scotland. In both cases, its children whose liberties are first on the line.
Fears tests will be used to label toddlers crooks[http://www.express.co.uk/news/uk/234447/Fears-tests-will-be-used-to-label-toddlers-crooks]
Toddlers are to be tested to find out whether they are at risk of growing up violent offenders or drug addicts. The Healthy Child programme will measure the mental health of every Glasgow youngster between 24 and 30 months.
Health visitors will complete a questionnaire with parents to establish behaviour difficulties in children such as aggression, bullying, lying and cheating.
A Pathway of Care for Vulnerable Families (0-3)[http://www.gov.scot/Publications/2011/03/22145900/0]
Guidance to support the implementation of Getting it right for every child through continous assessment and a continuum of 'support', invited or not.
Comment on HE Forums: GIRFEC in disguise [http://www.home-education.biz/forum/general-discussion/13514-girfec-in-disguise.html]
Stunning SNP election victory throws spotlight on Scottish independence[https://www.theguardian.com/politics/2011/may/06/snp-election-victory-scottish-independence]
The scale of the SNP's victory was clear: Salmond had won Holyrood's first overall majority and a total of 69 seats – a result he believes has swept aside his opponents' last hopes of blocking his plans for a referendum on independence.
Munro review of child protection: final report - a child-centred system[https://www.gov.uk/government/publications/munro-review-of-child-protection-final-report-a-child-centred-system]
...to enable professionals to make the best judgments about the help to give children, young people and families. This involves moving from a system that has become over-bureaucratised and focused on compliance to one that values and develops professional expertise and is focused on the safety and welfare of children and young people.
The child/young person’s pathway (GIRFEC in Lanarkshire)[http://www.girfecinlanarkshire.co.uk/2011/06/item-15-the-childyoung-person%E2%80%99s-pathway/]
First publication of the poster for practitioners that wasn’t thought to be “helpful” for parents, i.e. keep it concealed from them.
NORTHERN EXPOSURE Lessons from the first twelve years of devolved government in Scotland[https://www.instituteforgovernment.org.uk/sites/default/files/publications/Northern Exposure.pdf]
Sir John Elvidge’s report summarises the switch in focus he implemented (from 2007 as head of the Scottish civil service) from targets to outcomes and “government as a single organisation ... working towards a single defined government purpose”. Ripping up of organisational boundaries (basically the dumbing down of professionals such as teachers into box tickers for the state).
SNP’s quiet revolution behind the scenes treads a fine line between good and bad governance[https://www.pressreader.com/uk/the-scotsman/20111012/282329676696559]
Comment on John Elvidge's report: Northern Exposure (September 2011) - see last entry
Tales from a small country - Yes, First Minister[http://subrosa-blonde.blogspot.co.uk/2011/10/tales-from-small-country-yes-first.html]
The “over-arching purpose” of this system seems to be changing to bring us in line with a report commissioned by a French president, written by an American economist, rubber stamped by the EU and currently being implemented across the globe.
A parent complains of intimidation by Highland Council[http://www.home-education.biz/forum/scotland/14295-intimidation.html]
We were subjected to intimidating behaviour from the school and the council. They insisted we put our child to school in spite of safety concerns. We were bombarded with calls and threats.The police were sent even though we had spoken to staff at the school, left messages on the school answering machine, contacted a local education officer and written to the Chief Executive of the Highland Council.
GIRFEC Programme Board meeting[http://www.home-education.biz/forum/67244-post239.html]
Every agency is to be expected to snoop on citizens and share personal data.
"The importance of linking in with housing personnel was also raised, as they are often the only ones going into a house."
GIRFEC Programe Board meeting[http://www.gov.scot/Resource/0041/00411739.pdf]
There were two main approaches to a national electronic information sharing solution: a national database or minimum requirements for any system. Glasgow were looking at the possibility of sharing information across boundaries on looked after children using SEEMiS.
Consultation launched on forthcoming Children and Young People (Scotland) Bill[http://www.home-education.biz/forum/scotland/14822-the-children-and-young-people-bill-consultation.html]
HEF discussion of consultation on the forthcoming Children and Young People Bill
Named Person concept described as "a practitioner who can monitor what children and young people need"
GIRFEC Board meeting[http://www.gov.scot/Resource/0041/00411740.pdf][http://www.home-education.biz/forum/67244-post239.html]
Consultation on Children and Young People Bill ongoing
Points raised in discussion included: tensions involved in the provision of a Named Person from age 5 for home educated children
Agreement to ***enlist ICO to advise on info sharing at a threshold of potential risk to wellbeing.***
National Parenting Strategy: Making a positive difference to children and young people through parenting[http://www.gov.scot/Publications/2012/10/4789]
The Scottish Government's aspiration is for Scotland to be the best place in the world for children and young people to grow up. The National Parenting Strategy seeks to turn this aspiration into practical action - by championing the importance of parenting, by strengthening the support on offer to parents and by making it easier for them to access this support.
National Risk Framework to Support the Assessment of Children and Young People[http://www.gov.scot/resource/0040/00408604.pdf
Useful idiots' guide to tick box tyranny based on prevention (i.e. junk) science. This document makes no mention consent or confidentiality, yet requires professionals to breach overarching human rights and data protection legislation by gathering and sharing sensitive personal data on children, parents, other family members and associated adults without the need for their informed, freely given consent, or even their knowledge.
Ass Scottish ICO Ken MacDonald meeting with GIRFEC Board members, officials and information specialists.[http://www.gov.scot/Resource/0043/00430746.pdf]
Information about children should be shared appropriately when justified, but the rationale for doing so should be also be documented.
1. GIRFEC team to produce statement to encourage shift and Alan Small information shift : ***ICO to endorse this***.
2. ***Joint work between ICO and GIRFEC on consent guidance*** including Alan Small examples to give reassurance on this.
GIRFEC Board meeting[http://www.gov.scot/Resource/0043/00430746.pdf]
Boyd McAdam: it had been a conscious decision to focus first on embedding GIRFEC in the professional practice of all stakeholder delivery bodies, before raising awareness in the general public
***concealment of data theft agenda from the public***
Sirling Council report: Exercising the power of well-being[http://minutes.stirling.gov.uk/pdfs/scouncil/Reports/SC20121213Item19ExercisingWellbeing.pdf]
Report claims statutory vires for universal data processing without consent. (Legaliity questioned, Jan 2014)
"..consent to exercise the power of well-being contained within the Local Government in Scotland Act 2003 to legitimise the collection, sharing and use of personal data on all children for the Vulnerable Children and Young People Project." (which commenced in 2010)
GIRFEC Board meeting[http://www.gov.scot/Resource/0043/00430422.pdf]
A *joint statement has been agreed with the ICO* to help clarify situations where a child was on a pathway to risk to wellbeing as well as significant risk of harm. Should free up the way practitioners share information under existing law. Concerns on how best to disseminate message so as not toproduce an adverse reaction for stakeholders.
Evidence2Success school surveys in Perth & Kinross slammed by parents[https://www.thecourier.co.uk/news/local/perth-kinross/118201/nhs-tayside-defends-controversial-evidence2success-pupil-survey-after-parents-fury/]
Children asked inappropriate questions in class without parental knowledge or consent.
AYRShare goes liveAYRshare is an innovative computer system developed by NHS Ayrshire & Arran in partnership with East, North and
South Ayrshire Councils. It provides effective, timely and secure sharing of information between organisations to
help address concerns about the well-being and protection of children and young people. It therefore directly
supports the implementation of the Scottish Government’s “Getting it Right for Every Child” (GIRFEC) policy.
Haringey judgment issued[http://www.bailii.org/ew/cases/EWHC/Admin/2013/416.html]
Landmark judgment upholding non-consensual data processing threshold. ***The initial data-gathering exercise was unlawful***
ICO memo on GIRFEC 'wellbeing' information sharing circulated[http://no2np.org/wp-content/uploads/ICO-statement_2013.pdf]
The GIRFEC Programme Board and Ken MacDonald, the Assistant Information Commissioner for Scotland (ICO), have agreed a short guidance paper which dispels the common misconception that the Data Protection Act (1998) is a reason not to share information.
***Contrary to Haringey precedent***
Information sharing between services – guidance and clarity[https://leahurst66.files.wordpress.com/2017/02/130408-cpp-ico-info-sharing-v2-1.docx]
Letter from Martin Crewe, GIRFEC Board Chair, circulated to Community Planning Partnership Managers
Information sharing between services – guidance and clarity
Attaches INFORMATION SHARING BETWEEN SERVICES:
GUIDANCE FROM THE INFORMATION COMMISSIONER AND THE GIRFEC PROGRAMME BOARD
***"If there is any doubt, then invariably the decision should be to share."***
Human rights have disappeared from ‘Working Together’ – comment post Haringey judgment[https://ukhumanrightsblog.com/2013/04/09/human-rights-have-disappeared-from-working-together-allan-norman/]
Allan Norman (instructing solicitor) comment on safeguarding guidance (England) post Haringey judgment.
"The outcome of our case would be the same, before or after the introduction of ‘Working Together 2013’. The crucial difference is that the new guidance no longer gives the necessary steer to get it right."
***Scotland should have noticed***
DSTB Health and Social Care Data Sharing Information Architecture Review[http://www.shb.scot.nhs.uk/board/foi/2013/05/2013-133a.pdf]
Summary of current and planned approaches health and social care data sharing in Scotland. Input obtained from all Data Sharing Partnership areas in Scotland on data they shared, or planned to share, how sharing was achieved, and the achieved and expected business benefits
See Attachment 3 – Detailed Solution Catalogue (from page 40), which should scare the living daylights out of anyone who values the right to privacy.
Children & Young People (Scotland) Bill introduced to Parliament[http://www.parliament.scot/parliamentarybusiness/Bills/62233.aspx]
Bill introduced by Alex Neil MSP on 17 April 2013.
GIRFEC Board meeting[http://www.gov.scot/Resource/0044/00441604.pdf]
Concern that threshold too high to fit with early intervention
ICO 'advice' being tested with health partners.
GP concerns ongoing.
Minster said anxieties needed to be managed.
***National Parent Forum offered to help the government*** rather than represent parents.
Children & Young People(Scotland) draft Bill published[http://www.home-education.biz/forum/scotland/15687-children-and-young-people-draft-bill-published.html]
Links and coment on Home Ed Forums
ICO rewrites the Data Protection Act to suit the new agenda
AYRShare Newsletter: Confessions of a Named Person for 1000 pupils[http://www.south-ayrshire.gov.uk/documents/ayrsharenewsletter.pdf]
I am the Named Person for 1000+ students within my school. A major advantage of AYRShare is the regular updates on pupil information from different agencies to ensure Education is aware of any changes to young people's lives and of the necessary additional support they require to realise their potential. It is hoped to have automatic updates from SEEMIS on young people's significant events.
Petition launched: Reject GIRFEC surveillance and named person for every child in Scotland[https://www.change.org/p/members-of-the-scottish-parliament-reject-girfec-surveillance-and-named-person-for-every-child-in-scotland]
Schoolhouse petition launched on Change.org: Reject GIRFEC surveillance and named person for every child in Scotland
Perth & Kinross Evidence2Success school surveys: complaints to ICO closed downReleased via FOI, ICO policy asked to "hoover up" complaints from parents, Deborah Thomas in particular.
"I shall let her know that I am content with the assurances from Perth & Kinross Council that the survey was conducted in compliance with your obligations under the Act.
At that point her complaint will be closed. I should say that although complaint will be closed from the ICO’s perspective, I fully expect communication with her to continue in the short term."
Scotland The Brave ... Or Brave New Scotland?[http://subrosa-blonde.blogspot.co.uk/2013/05/scotland-brave-or-brave-new-scotland.html]
EVERY child will have their “wellbeing” (as defined by “SHANARRI” indicators) recorded by a state named person. Those at risk of not meeting state CfE outcomes will receive early intervention.
Despite the eCare demise (bad publicity), vast data sets will still be shared “electronically within/across agency boundaries”. CHYP Bill will negate consent to share data about a risk to well-being.
SNP bill to spy on parents is criticised by families[http://www.express.co.uk/news/uk/400779/SNP-bill-to-spy-on-parents-is-criticised-by-families]
According to a Scottish Government training document seen by this newspaper, the specific aim of GIRFEC is to undermine parents and give the "community" a greater role in raising children.
It states: "From the time that the child is a baby the family and the community should come together in oneness to raise the child so that the child can grow up to be a pillar of society."
Data Sharing Technology Board meeting[https://leahurst66.files.wordpress.com/2017/02/dajw-dstb-minutes-foi-foi-16-01179.pdf]
(Released under FOIA in 2016)
P 101 Item 5 refers to Lothian TRAK using Named Person and Lead Professional
P102 refers to Vulnerable Persons Database
Data Management Board meeting[http://www.home-education.biz/forum/61002-post163.html]
“extensive range of data activity underway and needed in Scotland to both help grow the economy and improve public services.”
“an assumption towards sharing data, i.e. default should be ‘share unless there is a good reason not to’ rather than ‘don’t share unless there is a good reason to’
“Asked what 3 things would be most helpful to speeding up success Andrew listed data access, data access and data access.”
Comments deleted on Engage for Education blog[http://www.home-education.biz/forum/scotland/15807-censorship-of-engage-for-education-blog-comments.html]
Saved on this HEF thread, but the article on the Engage for Education has been deleted and Marion Samson’s superior and patronising ‘named person’ pontifcations have disappeared down the rabbit hole.
The Journal Opinion column: Martin Crewe slammed by parents[http://www.journalonline.co.uk/Magazine/58-6/1012717.aspx]
GIRFEC Board Chair Martin Crewe of Barnardo’s opinion piece in Law Society Journal trashed by “misinformed” parents and a home ed charity. Vested interest publicly questioned. He ran away from "debate".
"Aileen Also" comments to Scot Parl Ed & Culture Committee[http://www.parliament.scot/parliamentarybusiness/report.aspx?r=8457&mode=pdf]
11:15 Aileen Campbell: “We recognise parents also have a role in making decisions” about raising children.
CHYP Bill consultation response by Allan Norman obo Schoolhouse HEA[http://www.home-education.biz/wp-content/uploads/2016/08/Allan-Norman-Submissions-on-GIRFEC-final.pdf]
Quote: "Families in all their subversive variety are the breeding ground of diversity and individuality."
State snoopers tried to separate devoted mum from her baby (Sunday Express)[http://www.express.co.uk/news/uk/420116/EXCLUSIVE-State-snoopers-tried-to-separate-devoted-mum-from-her-baby]
Kayley Hutton told her story “A Scots mum feared her newborn son was going to be taken away after interfering 'state guardians' tried to present her as an unfit parent.”
FOI request for independent GIRFEC evidence basehttps://www.whatdotheyknow.com/request/independant_evidence_for_girfec
Initial response from Scottish Government was recalled due to a header 'error' - see comments on WDTK thread.
Requester followed upand received response that "...the raw data ... is not held by the Scottish Government."
Critics pan ‘State Guardian’ for every Scots child proposal (Express)[http://www.express.co.uk/news/uk/425922/Critics-pan-State-Guardian-for-every-Scots-child-proposal]
Express article on consultation responses exposing legal flaws in Bill
GIRFEC Board meeting[http://www.gov.scot/Resource/0044/00441605.pd]
National Parent Forum to push govt propaganda.
Strong narrative required on the Named Person.
Alan Small reiterated ICO advice: For NP to be effective, infosharing required
Need to move threshold to wellbeing
Fife already had NP, police sharing information since April 2013. 400 cases per month had been raised.
Information Sharing – Privacy Concerns (Alan Small)[https://leahurst66.files.wordpress.com/2017/03/170228dajw_girfec_programme_board_reports_foi_response_sept2013.pdf] via FOI. Update on handling of concerns that infosharing duties are contrary to ECHR, DP Act and common law duty of confidentiality.
“For GIRFEC to work there needs to be a Named Person for every child.” ICO "clarity" statement on infosharing around wellbeing was redacted.
3 other reports: National 3rd Sector Project, Implementation Support Group, Communications Sub Group
Children and Young People (Scotland) Bill: Financial Memorandumhttp://www.parliament.scot/ResearchBriefingsAndFactsheets/S4/SB_13-59.pdf
Cost estimates were challenged by those charged with implementing the scheme.
Fife Children’s Services Information Sharing Protocol[http://publications.1fife.org.uk/uploadfiles/publications/c64_ChildrensServiceInfomationSharingProtocol.pdf]
Scottish Accord on Sharing of Personal Information Fife Children’s Services InfoSharing Protocol details what information should be shared (section 26), the means by which they will collect the information (all databases, Section 18) and with whom the information will be shared (section 7).
Refs ICO 2013 guidance on sharing data without consent - free for all
CCHYP Bill – Privacy Impact Assessment Report update[http://www.gov.scot/Resource/0043/00438388.pdf]
Updated PIA Report ( originally published 17 April 2013).
Children and Young People (Scotland) Bill Stage 1 debate[http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=9466&mode=pdf]
General principles accepted
Maureen Falconer ICO: Scotland - Talking about Information Sharing[https://www.youtube.com/watch?v=ybpx6Brh4HA&feature=youtu.be]
Maureen Falconer, Senior Policy Officer at Information Commissioner's Office - Scotland, spoke at the Getting Our Priorities Right seminar at the Dewars Centre, Perth on Friday 29 November 2013 about information sharing, confidentiality and consent in practice.
***CHYP Bill lowers the trigger for information sharing to wellbeing***
Scotland's prying state (Scottish Review)[http://www.land-care.org.uk/social_economic/current_topics/2014/scotlandspryingstate.html]
Perth and Kinross Council has defended its role in what is emerging as a prospective national data trawl, exposing the children of Scotland to intrusive questions about their lives, thoughts and actions.
Wellbeing power cannot be construed as duty to share information (Allan Norman)[http://schoolhouse.org.uk/home-ed-in-the-news/legal-advice-we-are-happy-to-share-unlike-like-the-scottish-government/]
Allan Norman refutes ICO claim that Local Govt Act provides info sharing gateway (for Stirling VPD)
A general well-being power, with no ref to info sharing, cannot be construed as a duty to share, and since it is a power not a duty, it cannot become ‘necessary’ for the purposes of the Data Protection Act.
Stirling Vulnerable Children and Young People Project: legality questioned[http://www.home-education.biz/forum/general-discussion/16169-exercising-the-power-of-well-being.html]
HEF thread quesions legality of Stirling Council's 'wellbeing' powers under LG Act fot the "collection, sharing and use of *personal data on all children* for the Vulnerable Children and Young People Project" as non-compliant with Data Protection Act and Article 8 (legal opinion later concurred)
Aidan O’Neill QC legal opinion obtained by Christian Institute[http://no2np.org/wp-content/uploads/Aidan-ONeill-QC-Named-Person-legal-opinion.pdf]
"the blanket nature of this provision constitutes a disproportionate and unjustified interference with the right to respect for individual family’s private and family life and home."
A PRACTITIONER GUIDE TO INFORMATION SHARING, CONFIDENTIALITY AND CONSENT TO SUPPORT CHILDREN AND YOUNG PEOPLE’S WELLBEING[https://leahurst66.files.wordpress.com/2017/02/140213-edinburgh_and_lothians_information_sharing_guidance.pdf]
Guidance document for Edinburgh and Lothians on information sharing
"Always share your concern with the child or young person’s Named Person;"
"Confidentiality does not prevent you from sharing a concern about a child or young person’s wellbeing – it actually empowers you to do so"
Children and Young People (Scotland) Bill passed[http://www.parliament.scot/parliamentarybusiness/Bills/62233.aspx]
103 MSPs voting for it and with 15 (Tory) abstentions.
A salutory lesson from the Isle of Man as MSPs prepare to abolish every child’s right to privacy[http://schoolhouse.org.uk/home-ed-in-the-news/a-salutory-lesson-from-the-isle-of-man-as-msps-prepare-to-abolish-every-childs-right-to-privacy/]
While these points will probably make no difference to the outcome of the pretence of a ‘debate’ at Holyrood, we believe they are likely to be as persuasive in a court of law as they have been in the court of parental opinion. (We were right! see 28/7/16)
GIRFEC Board meeting[http://www.gov.scot/Resource/0048/00489676.pdf]
There had been criticism over the information sharing provisions within the Named Person role and discussions around concerns about the provision being too wide.
ADES and NPFS networks to be used to push propaganda with parents
Constituents getting restless. NP and infosharing marked sensitive on risk register
Campaign against GIRFEC, data theft and a state guardian for every child (HEF)[http://www.home-education.biz/forum/scotland/16325-campaign-against-girfec-data-theft-and-a-state-guardian-for-every-child.html]
Home Ed Forums thread created to keep track of developments following passage of the CHYP Bill.
CHYP Act - Privacy Impact Assessment Report Act update[http://www.gov.scot/Resource/0044/00447626.pdf]
Updated from 19 November 2013 version.
SEEMiS: state surveillance made simple via pupil database[http://www.home-education.biz/articles/seemis-state-surveillance-made-simple/]
SEEMiS: state surveillance made simple. Use of pupil database to collect and share information without consent
National Guidance for Child Protection in Scotland updated - data sharing threshold changed[http://www.gov.scot/Resource/0045/00450733.pdf]
National Child Protection Guidance update published
Foreword by Aileen Campbell MSP.
2010 guidance "The *safety, welfare and well-being of a child* are of central importance when making decisions to lawfully share information with or about them" changed in 2014 version to "The *wellbeing of a child* is of central importance when making decisions to lawfully share information with or about them."
GIRFEC Board meeting[http://www.gov.scot/Resource/0045/00457510.pdf]
Martin Crewe: need to *move from a permissive to directive approach on information sharing*, as there was no national system to implement information sharing, need to make sure individual systems were compatible
NO2NP campaign launch[http://no2np.org/hundreds-pack-no2np-launch-edinburgh/]
NO2NP campaign launched in Edinburgh
Named Person legal action launched at Court of Session[http://www.christian.org.uk/news/named-person-legal-action-launched/]
Christian Institute and others launch judicial review at Court of Session challenging part 4 of CHYP Act
Highland Bill Alexander's protestations in press as legal challenge launched[https://www.holyrood.com/articles/feature/guarded-support][http://www.inverness-courier.co.uk/News/Named-person-scheme-protects-children-council-chief-claims-09072014.htm]
Coinciding with legal challenge launch Bill Alexander bleats to Holyrood Magazine "Not a single parent has complained about NP" and Inverness Courier "It has been operating in Highland, where it was set, up in 2009, had proven to work well for children." Misrepresents stats
GIRFEC, data mining, consent and the Named Person: who’s misleading whom?[http://schoolhouse.org.uk/home-ed-in-the-news/girfec-data-mining-consent-and-the-named-person-whos-misleading-whom/]
Mr Alexander’s comments about misinformation fall into the same category as grave robbing claims by Highland Council that Danielle Reid's murder and the Herbison Inquiry led to GIRFEC.
But Danielle’s death post-dated the already well advanced plan to implement a scheme of universal citizen surveillance and early intervention dreamt up by Tony Blair.
FOI response from Highland Council on complaints[https://www.whatdotheyknow.com/request/219738/response/547668/attach/3/FOIHSC2014%2071%20GIRFEC.pdf]
No complaints received about Named Persons
No complaints about the collection and sharing of personal data
The practice guidance does not involve NPs routinely seeking access to records held by other agencies. May share records with other agencies; unless there is risk of significant harm, it will be with consent of the family and (where appropriate) the child
GIRFEC Implementation Board meeting[https://leahurst66.files.wordpress.com/2017/02/140820-girfec-national-implementation-support-group-meeting-8-20-august-2014-minutes-5.pdf]
Minutes obtained by FOI
Lynn Townsend: "Guidance =concerning Gypsy/Traveller communities, has been written and is set to be tested in Fife, similar process on guidance for the NP service for Home Schooled children had begun and is expected to be trialled with small number of families.”
SEEMiS to be used for wellbeing records
Independence Referendum: Scotland votes NO[http://www.bbc.co.uk/news/events/scotland-decides/results]
Scotland votes against becoming an independent country by 55% to 45%.
GIRFEC Board meeting[http://www.gov.scot/Resource/0048/00489677.pdf]
Ayrshare progress on info sharing systems
Glasgow City working on Information Sharing processes using the new SEEMIS developments. The GIRFEC SEEMIS project should allow other areas to participate in these developments. ADES will take a leading role in this work.
Victims of GIRFEC data theft and SHANARRI tick box tyranny- case studies published[http://www.schoolhouse.org.uk/home-ed-in-the-news/victims-of-girfec-data-theft-and-shanarri-tick-box-tyranny]
Schoolhouse HEA publishes anonymised case studies of GIRFEC NP data theft victims
SNP accused of ‘running scared’ of ‘super ID database’ plans[http://www.scotsman.com/news/politics/snp-accused-of-running-scared-of-super-id-database-plans-1-4334266]
The Scottish Government has been accused of “running scared” over controversial proposals for a “super ID database” in Scotland after dithering for almost two years on the plans.
The proposals would see a sweeping extension of the NHS central register (NHSCR), allowing 120 public bodies to obtain information from it. A public consultation into the plans closed in February 2015.
Named Person legal challenge dismissed by Outer House of Court of Session[http://www.scotland-judiciary.org.uk/9/1367/Petition-for-Judicial-Review-of-the-Children-and-Young-People-(Scotland)-Act-2014]
Lord Pentland refused the petition for judicial review of ‘named person’ legislation raised by four charities and three individuals.
Appeal being considered to Inner House.
Alan Small's presentation on Information Sharing[https://leahurst66.files.wordpress.com/2017/02/information-sharing-alan-small-1.pptx]
where reasonably practicable, obtain and have regard to the views of child taking account of age and maturity – note views of parent or anyone else are not required
sharing outweighs any likely adverse effect on child's wellbeing –no requirement to consider effect on parent or other
Duty of confidentiality is not a blockage to sharing
The Named Person: Surveillance and the wellbeing of children and young people in Scotland (Eric Stodart)[https://risweb.st-andrews.ac.uk/portal/en/researchoutput/the-named-person-surveillance-and-the-wellbeing-of-children-and-young-people-in-scotland(c4e4bb2f-0234-4fd4-93f4-e5f891acd6b0).html]
Paper by Eric Stoddart, University of St Andrews
Scottish plans for central identity database spark privacy criticism[https://www.theguardian.com/uk-news/2015/feb/25/scottish-plans-central-nhs-identity-database-spark-privacy-criticism]
Privacy and civil rights campaigners have urged the Scottish government to drop plans for a new identity database which could allow public bodies, including tax authorities, to share every adult’s private data.
Public consultation on the proposal, which has faced intense opposition in the Scottish parliament after the scale and reach of the project came to light, ended today.
MSPs debate 'super ID database' plans[http://www.bbc.co.uk/news/uk-scotland-scotland-politics-31715798] MSPs have voted for full parliamentary scrutiny of plans to allow more than 100 public bodies to access personal data through an individual's NHS number. The proposals would see organisations such as HMRC being able to see certain data on the NHS Central Register (NHSCR). Opponents said the move amounted to identity cards "by the back door"
CLAN Childlaw join legal challenge to named person data sharing[http://www.scottishlegal.com/2015/05/11/named-person-law-opponents-say-it-will-infringe-childrens-right-to-privacy/]
Clan Childlaw is to join a legal challenge to the legislation which, they say, infringes article 8 of the European Convention on Human Rights (ECHR). They fear it could mean children stop using services such as helplines, pregnancy advisory services, legal advice services and mental health charities because of their lack of privacy.
Nicola Sturgeon on the defensive over data sharing[http://no2np.org/video-nicola-sturgeon-defensive-data-sharing/]
Nicola Sturgeon cjhallenged T FMQs on CLAN Childlaw intervention in judicial review and conflates welfare and wellbeing
Up close and personal (TES Scotland article)[http://no2np.org/dr-stuart-waiton-tess-article-close-personal/]
Article by Stuart Waiton
An Aberdeen 13-year-old reports that a nurse- not the usual school nurse- asked her questions in school: ‘Have you started your menstrual period?’, ‘Do you feel loved and cared for?’ and ‘Do you feel safe and secure in your home?’
The nurse probed her relationship with her mother and she began to feel uncomfortable. When the mother found out, she was ‘absolutely RAGING’.
The GIRFEC Files (HEF article)[http://www.home-education.biz/articles/the-girfec-files/]
“Just recently we have heard the First Minister and other apologists describe GIRFEC and its underlying state dictated ‘wellbeing’ outcomes (which are reliant on universal data stealing and sharing by every ‘service’ provider, not just one named person) as being put in place to protect vulnerable children. We are naturally puzzled by such disingenuous claims, for there is no V (only an E) in GIRFEC.”
Named Persons - Big Brother or a Caring Society?[https://www.linkedin.com/pulse/named-persons-big-brother-caring-society-william-buchanan]
Prof Bill Buchanan, Napier University
Highland Practice Model (GIRFEC)[http://www.forhighlandschildren.org/5-practiceguidance/high-pract-model.pdf]
Latest version June 2015
Own goal at Hampden for Scottish Government's Named Persons[http://www.home-education.biz/forum/scotland/17287-scots-parents-being-bribed-to-submit-to-brainwashing.html]
£25 gift vouchers offered for attendance.
Parents ‘off-message’ feedback.
Why plough ahead with NP scheme given the opposition?
Why no consultations with parents before now?
Why was HIghland pathfinder hailed a success when it had clearly not worked for many?
BBC: Child protection chief quizzed on Named Person[https://www.facebook.com/No2NP/videos/825286187554810/]
Alan Small, Chair of Fife Child Protection Committee, struggles to answer presenter Kaye Adams’ questions about the Named Person scheme on BBC Radio Scotland - especially on the meaning of proportionality...
Named Person in Scotland - One Large Social Experiment?[https://www.linkedin.com/pulse/named-person-scotland-one-large-social-experiment-william-buchanan]
Prof Bill Buchanan, Napier University
Police warnings over state guardians[http://www.express.co.uk/news/uk/592177/Police-warnings-state-guardians]
Police Scotland has warned ministers that youngsters are being exposed to "further criminal acts" due to the "significant time delay" created by the extra layers of unwieldly bureacracy.
The force has said "specific examples can be provided", suggesting that an unknown number of children have been subjected to physical or sexual abuse or neglect as a direct result of the Named Person legislation.
Pregnant in Scotland? You can expect more than a baby (includes GIRFEC questionnaire forms))[http://www.home-education.biz/forum/scotland/17352-pregnant-in-scotland-you-can-expect-more-than-a-baby.html]
Here in the Highlands (just as implied in the infamous Lanarkshire "not for public reading" chart) mothers-to-be (and yes, I have heard this from more than one) have to go through a standard 1½ hour questionnaire (on such things as debt, past abusive relationships, how many bedrooms they've got) to see whether they are fit to mother - i.e. a licence to parent.
11 Reasons to say NO to the Named Person scheme[http://no2np.org/wp-content/uploads/no2np_11reasons.pdf]
NO2NP flyer setting out 10 reasons to reject NP scheme
Moray Council gets it wrong - and brags about it[http://www.home-education.biz/forum/scotland/17363-moray-council-gets-it-wrong-and-brags-about-it.html]
Moray Council employee makes disturbing admissions about sharing of children’s and families’ personal data and refers to a single electronic record with information from "every organisation involved", including "NHS, council departments, Police Scotland and tsiMoray".
Describes a system of data gathering and sharing *which has already been put in place *.
Controversial named person scheme upheld by the Court of Session[https://ukhumanrightsblog.com/2015/09/08/controversial-named-person-scheme-upheld-by-the-court-of-session/]
“Hyperbole” insult by out of touch judge to parents already being harassed by NP although not due to come into force until August 2016.
Carloway soon gets a promotion...
Improving lives in Scotland – a wellbeing approach[http://scotlandfutureforum.org/assets/library/files/application/wellbeing-summary_paper.pdf]
“Scotland is considered to be one of the leading countries in the world in measuring wellbeing*, although there are a number of areas where this could be improved.”
[*except wellbeing has no definition and is open to wide, subjective interpretation; the state’s imposition of its own notion of ‘wellbeing’ and forcing its own preferred national outcomes on citizens is totalitarian]
Children’s Rights and Children’s Wellbeing: Equivalent Policy Concepts?[https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0ahUKEwjX8O7E2NjSAhWIrVQKHap4CucQFggtMAI&url=http%3A%2F%2Fwww.research.ed.ac.uk%2Fportal%2Ffiles%2F19507548%2FChildren_s_Rights_and_Children_s_Wellbeing.pdf&usg=AFQjCNF4HWofjCiJmDXrS4iy0]
Examination of differences and tension between children’s rights and ‘wellbeing’ with particular reference to the "clash between statutory requirements for children’s rights and children’s wellbeing” in the CHYP (Scotland) Act 2014.
Kaye Adams show, BBC Radio (from Inverness)[http://no2np.org/bbc-radio-scotlands-kaye-adams-hosts-extended-named-person-debate/]
Aileen Campbell had to be prompted (audible 'child protection') and stated that the Named Person would only intervene where there are child protection concerns. But the legislation assigns a named person to every child to monitor their “wellbeing”.
Hostile and non engaging parents and carers training (Perth & Kinross)[http://www.home-education.biz/forum/home-education-law-and-policy/17433-hostile-and-non-engaging-parents-and-carers-training.html]
To enable practitioners to recognise hostile, non-engaging and evasive behaviours.
To consider helpful strategies for managing and responding to:
o Ambivalent/ineffective compliance;
o Avoidant/uncooperative behaviour;
o Hostile/threatening behaviour ***Cancelled following media interest***
Conviction of Elgin ‘Named Person’ and placement on Sex Offenders’ Register[https://www.pressreader.com/uk/the-scottish-mail-on-sunday/20151011/281599534330648]
Conviction of Elgin ‘Named Person’ and placement on Sex Offenders’ Register exposes additional risk to children of Scotland’s state guardian scheme.
Health Visitor / Named Person lies to parents about the law[https://leahurst66.files.wordpress.com/2017/02/hv-lies.jpg]
Health visitors, school nurses, schools and nurseries are optional, not compulsory, services. Like the named person (allegedly).
South Ayrshire Council Wellbeing Concern Form Guidance V1.3 Nov 15[https://leahurst66.files.wordpress.com/2017/03/151103-sac-wellbeing-concern-form-guidance-v1-3-nov-15.docx]
A clear message to practitioners to collect and share subjective 'wellbeing' concerns without consent.
Children in Scotland conference: Gamechangers: Transforming our children’s sector[http://www.home-education.biz/articles/rainbow-worship-and-talking-through-colons/]
HEF was not impressed:
The SHANARRI worshipping bash of the year was held in Glasgow last week in the form of Children in Scotland’s annual conference 2015 [#CISAC2015] with a traditionally colonic title, Gamechangers: Transforming our children’s sector.
Hopscotch theatre group gets primary kids singing from SHANARRI song sheet[http://www.home-education.biz/forum/media/17504-theatre-group-gets-primary-kids-singing-from-shanarri-song-sheet.html]
Hopscotch Theatre Company touring schools with GIRFEC SHANARRI propaganda and songs holding a “vigil for every individual” - unded by the taxpayer.
Isle of Man Department lacked legal power for pupil database[http://www.home-education.biz/forum/media/17518-department-lacked-legal-power-for-pupil-database.html]]
Isle of Man 'getting it right' after disastrous brush with ECM and early intervention that caused social services meltdown.
Also giving voice to the victims of the illegal policy.
The ‘Named Person’ debate: The case against (Scottish Journal of Residential Child Care)[https://www.celcis.org/files/8314/4922/7369/2015_Vol_14_3_Mellon_Against_named_person.pdf]
Maggie Mellon opposes NP scheme:
- No evidence
- Legislation doesn't say what is claimed
-‘Net widening’ not early intervention or prevention (threshold lowered from ‘significant harm’ to any concern about wellbeing, with presumtion to share intimate information
-State makes a lousy parent for looked after children and those in need.
Stewart Maxwell MSP unable to define wellbeing in parliamentary debate on named person[https://www.theyworkforyou.com/sp/?id=2015-12-02.18.0]
Stewart Maxwell MSP unable to define wellbeing when asked -“ridiculous intervention”
Maxwell: the named person has no powers to compel parents or children to do anything without their consent.
Restricted debate as sub judice https://www.theyworkforyou.com/sp/?id=2015-12-02.18.0
Named Person panto in Prestwick[http://no2np.org/now-named-person-pantomime-ooooh-yes/][http://schoolhouse.org.uk/home-ed-in-the-news/no2np-roadshow-visits-ayrprestwick/]
Prestwick NO2NP Roadshow presentation refutes Scottish Government claims about Named Person scheme and data collection/sharing.
Final draft guidance published for Children and Young People Act[https://www.celcis.org/news/news-pages/final-draft-guidance-children-and-young-people-act-published/]=
Final draft guidance for Parts 4, 5 and 18 (section 96) of the CHYP Act includes an outline of changes to the original consultation version.
Taxi drivers recruited under GIRFEC to spy on children[http://no2np.org/girfec-recruits-taxi-drivers-spy-children/]
What happens in the taxi doesn’t stay in the taxi’
A child protection training officer has been caught disclosing that taxi drivers are under a legal duty to spy on child passengers and report information to Named Persons.
Aileen Campbell: This legislation lets us do best we can for children[http://www.thenational.scot/news/14902109.Aileen_Campbell__This_legislation_lets_us_do_best_we_can_for_children/]
It is already operating, in some form, successfully in many areas of Scotland. Parenting Across Scotland, Aberlour, Barnardo’s Scotland, Children 1st and One Parent Families Scotland are just some of the organisations who have backed the legislation.
Named person proposal appeal heard at Supreme Court[https://stv.tv/news/politics/1345897-named-person-proposal-appeal-heard-at-supreme-court/]
A legal challenge to the Scottish Government's proposals to appoint a named person for every child has been heard at the UK's highest civil court
Transcript of wellbeing trigger [https://leahurst66.files.wordpress.com/2017/02/transcript-of-sections-of-the-supreme-court-hearing-2.docx]
SNP hypocrisy over IP Bill (Snoopers' Charter)[http://www.home-education.biz/forum/general-discussion/17659-hypocrisy-over-ip-bill.html]
HEF discussion on hypocrisy surrounding SNP stance on Westminister snoopers’ charter : Letter in Herald from Dr Gordon Macdonald of CARE Right to privacy should not be compromised for a utopian ideal and exchange of views with Joanna Cherry MP.
Transforming Children’s Services conference, Perth[https://www.youtube.com/watch?v=3RZTfE5KF3Q]
Dartington SRU data collection obsession
Not very ‘professional’ for a trainer of Named Persons
11 charity cheerleaders[https://leahurst66.files.wordpress.com/2017/02/charity-vested-interests.jpg]
Charity cheerleaders support named person
Revealed: what can happen when a Named Person reports on your children[http://www.scotsman.com/news/revealed-what-can-happen-when-a-named-person-reports-on-your-children-1-4089077]
One father’s experience of the named person pilot rings alarm bells.
“I felt shocked and vulnerable,” he said. “Then I felt angry and powerless when I saw these notes made of very trivial things and constant surveillance of small things that are part of everyday parenting – a total lack of respect and confidence in the parents. You have no control over this.
GIRFEC Cluedo upsets happy families[http://www.home-education.biz/articles/girfec-cluedo-upsets-happy-families/]
Mike Mawby talks about the GIRFEC practice model and is the man behind the Cluedo training exercise for practitioners.
EU General Data Protection Regulation (GDPR) passed by European Parliament[https://www.itgovernance.co.uk/blog/eu-general-data-protection-regulation-gdpr-passed-by-european-parliament/]
MEP Jan Philipp Albrecht said: “TheGDPR makes a high, uniform level of data protection throughout the EU a reality. Citizens will be able to decide for themselves which personal information they want to share.”
The Regulation will come into effect in May 2018, superseding national data protection laws such as the UK’s Data Protection Act 1998 (DPA).
Holyrood 2016: SNP claims 'historic' win but no majority[http://www.bbc.co.uk/news/election-2016-scotland-36205187]
SNP leader Nicola Sturgeon has declared that her party has won a historic third victory in the Holyrood election - but it did not manage an overall majority.
Did Named Person cost SNP their majority?
Humza Yousaf: Named Person opponents endanger children's lives[https://www.youtube.com/watch?v=734SZjD4LBY]
Question Time from Aberdeen:Humza Yousaf MSP, the SNP’s Minister for Europe, tried to argue that Named Persons would only be able to give advice “when or if the parent needs it”, a claim previously expressed by the First Minister. Yousaf claimed: “Some of the hyperbole around this, some of the misconceptions around this, are not only vacuous, but frankly put children’s lives in danger”.
Charities face challenge on state guardians[http://www.thetimes.co.uk/article/charities-face-challenge-on-state-guardians-kkpr53rbd]
Children’s charities in Scotland that support the SNP’s “state guardian” policy have been accused of “bias” over their financial links to the Scottish government.
Opponents of the scheme claim the support of such influential charities should be “treated with caution” as all of them stand to receive a share of more than £2m in government funding in the current financial year.
Liam Fee verdict[http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-36417415]
“A senior Fife social worker admitted to the court that at one point Liam "fell off their radar".”
Liam Fee, the Scottish Government, and an incriminating document A revealing interview with the man in charge of the Liam Fee inquiry[http://www.scottishreview.net/KennethRoy54a.html]
Kenneth Roy special report on Liam Fee and the Named Person. Did he have one or not?
The Named Person: parent licensing by the back door[http://www.scottishreview.net/AlisonPreuss40a.html]
If the road to hell is paved with good intentions, the Scottish Government’s named person scheme, due to be steamrollered out in August, is set to add a whole new layer of tarmac to the national re-surfacing project known as GIRFEC (Getting It Right For Every Child).
GIRFEC in Ayrshire Child's Pathway Guidance (Draft)[https://leahurst66.files.wordpress.com/2017/03/1606-sac-childs-pathway-guidance-draft-june-16.pdf]
A state dictated pathway for 'our' children had been drafted prior to the Supreme Court ruling (remains online March 2017). Of particular interest are pages 19-21 on circumstances where parents and young people choose not to engage with a named person. Information sharing without consent is clearly mandated.
Liam Fee tragedy had moved 'beyond Named Person stage'[http://www.bbc.co.uk/news/uk-scotland-36454918]
Car crash interview by Tam Baillie Children's Commissioner on Liam Fee and the named person. He claimed that the murdered toddler Liam Fee was in the child protection system way beyond the "early intervention" measures intended by the Named Person policy.
Vulnerable children need named person[http://thirdforcenews.org.uk/blogs/Vulnerable-children-need-named-person]
My child with additional support needs was ostracised and bullied by adults who should have protected her in Highland Council and Health services. The named person met with others, shared sensitive information and made detrimental decisions which excluded her from education and made her ill. Consent to this was never sought and complaints have not been answered.
Education (Named Person policy) Debate - Scottish Parliament:[https://www.youtube.com/watch?v=pdwDveXyPzE]
Dep FM John Swinney lambasts a fellow MSP for lying when he is reading from the CHYP Act. A new low in Scottish politcs.
Duties and functions (inc info sharing) of named person in Fife (via FOI)“There are no specific job descriptions, functions, duties, training or guidance in recorded format specifically for Named Persons.”
“Although the terms Named Person and Lead Professional have been used to describe the key worker under the GIRFEC guidance from 2007 this is not the role as described in the CHYP Act 2014.”
Yet MSPs stated that Fife and the other four early implementation areas were piloting NP successfully with no mention of differences from legislated version.
S Ayrshire Guidance Notes for Child’s Assessment and Plan (via FOI)[https://leahurst66.files.wordpress.com/2017/02/160628-foi-s-ayrshire-appendix-4b-childs-assessment-and-plan-guidance-2.docx]
Comment: Being a Named Person is just doing what teachers and health visitors already do – this15 page Child’s Assessment begs to differ. It comes with a 25 page guidance document attached with interesting detail on what information is being collected.
Section 11 "Child Affected By” is interesting as the first factor is “non-engaging families”
State Guardian or Head Gardener? The imposition of state guardianship by the Scottish Governmenthttp://www.centreforwelfarereform.org/uploads/attachment/508/state-guardian-or-head-gardener.pdf
A Discussion Paper from the Centre for Welfare Reform (Robin Jackson)
Foreword by Anne Begg: Will it “Get It Right For Every Child” as its proponents claim or will it be a bureaucratic nightmare and unwelcome intrusion into family life as its opponents fear?
Raging Bull Swinney (Scottish Review)[http://www.scottishreview.net/AlisonPreuss50a.html]
John Swinney not for turning as he promotes data grabbing, sends mixed messages over purposes of NP scheme.
Putting data collection before child protection
National Implementation Support Group minutes (Feb 2013 - July 2016)[https://leahurst66.files.wordpress.com/2017/02/february-2013-e28093-july-2016-nisg-minutes-clean-version.pdf]
Released via FOI on appeal
Angus Council training video for Named Persons[http://no2np.org/watch-new-training-for-named-persons/]
Awkward training video from Angus Council demonstrates how Named Person marginalises families.
Supreme Court judgment issued - victory for NO2NP[https://www.supremecourt.uk/cases/uksc-2015-0216.html]
Supreme Court judgment issued, maintained data processing threshold as significant harm. Promoting wellbeing not protecting vital interests which could override Article 8. NP lost all its teeth as info sharing central to role not in accordance with the law.
Scottish Government enters denial mode following damning judgment[http://news.gov.scot/news/supreme-court-rules-on-named-person]
Bizarre response from Scot Gov and GIRFEC cheerleaders after named person relegated to the single point of contact that was never contended. Info sharing powers and lowering of threshold were unlawful breach of rights.
'Highland' Bill Alexander repeats government spin on BBC RadioBill Alexander of Highland Council claims victory on BBC Radio, failing to understand the difference between a supposedly benevolent aim (never argued about in court) and the totalitarian measures put in place by the government and legislated for by parliament without proper scrutiny to achieve the stated aim. Alexander was given disproportionate air time to misrepresent the Highland non-statutory scheme as a success when stats do not support his claims.
Parents to seek compensation over named person legislation[http://www.scotsman.com/news/politics/parents-seek-compensation-over-named-person-legislation-1-4189422]
Parents are seeking legal advice to get compensation for Named Person intrusion into their family lives after the UK’s Supreme Court ruled the Scottish Government’s controversial scheme was unlawful. Opponents claim people in areas of Scotland where the scheme is already running have contacted them and are considering legal action following the judgment.
The ‘Named Persons’ Scheme – When Protecting Wellbeing Is Totalitarian (Allan Norman)[http://www.pinktape.co.uk/cases/the-named-persons-scheme-when-protecting-wellbeing-is-totalitarian/]
While pretty much every legally-qualified response to the proposed scheme expressed concerns (CLAN Childlaw (an intervener), Fac of Advocates, Govan Law Centre, Law Soc of Scotland, Kenneth Norrie, Scottish Child Law Centre – all of whom referenced Article 8), the legislation was still passed, and legal challenges failed, in the Scottish Courts of Session.
NHS Grampian- information issued to all staff post-judgmentNHS Grampian information for staff: Supreme Court ruling requires changes to be made to the information sharing provisions of the 2014 Act, which have not yet commenced. The judgment does not relate to current practice in relation to information sharing.
No change to current practice, assessing what the judgement means for NHS Grampian and awaiting further guidance from the Scottish Government.
How the Named Person crusade could damage the case for Scottish independence (Maggie Mellon)[https://www.commonspace.scot/articles/8970/maggie-mellon-how-named-person-crusade-could-damage-case-scottish-independence]
One day, the message was that Named Persons were a voluntary service that parents had asked for, the next it was necessary to impose Named Persons on all children to protect the most vulnerable and prevent child deaths.
We were also told that the 'successful' pilots had not in fact been pilots at all, as the law was not implemented yet.
Named Person explained – for those who are not wilfully blind (Allan Norman)[https://www.commonspace.scot/articles/8975/allan-norman-named-person-explained-those-who-are-not-wilfully-blind]
I appreciate there will be people with a vested interest in placing a particular interpretation upon it; and others who are wilfully blind and happy to follow a particular interpretation. But I realise there are also those who do not understand how to make sense of the competing claims, and would like to do so. This piece is for you.
Scottish Children's Commissioner issues correction after getting it wrong[https://www.commonspace.scot/sites/default/files/08.03.16/Pic3.jpg]
Tam Baillie SCCYP apologises and issues a correction after acknowledging that only the aim of the NP sceheme was benign, not the scheme that was legislated. He had misunderstood the judgment and had the backbone to admit his error, unlike the Scottish Government and others still in denial.
Internal emails reveal ICO "disappointment" at judgment (obtained via FOI)[http://no2np.org/oops-ico-officials-exposed-embarrassing-email-gaffes/]
Internal emails disclosed comments from the head of the ICO in Scotland, Ken Macdonald, who expressed his “disappointment” after judges struck down the Named Person scheme’s intrusive information sharing provisions. The ICO is responsible for protecting the privacy of citizens and upholding the Data Protection Act – the very law the Supreme Court said was breached by the Named Person provisions.
New Zealand abandoned Girfec-like scheme after branding it 'useless'[http://www.express.co.uk/news/uk/697358/New-Zealand-abandoned-Girfec-like-scheme-Scotland-useless]
New Zealand was forced to abandon a project similar to Scotland’s GIRFEC scheme after it was condemned “useless” in a study.
A trial created using multi-agency shared data based on 132 variables from socio-economic status to the background of the carers, amid concerns the method was ethically questionable and breached privacy.
SPICE briefing issued to MSPs[http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-66_Named_Person.pdf]
"Because Part 4 has not been brought into force, the Supreme Court ruling does not apply to the existing, non-statutory, Named Person schemes. These operate under existing informationsharing powers."
Accuracy later challenged as ruling applies definitively to all named person 'schemes' and indeed other information sharing (see 17 August entry).
SEEMiS adds 'wellbeing' data to pupil databaseInfo provided by SEEMiS: "...the Wellbeing Application is nearing readiness and will be launched in the coming weeks.
As with all such developments, as we work towards finalising the product we are taking into account all relevant factors including, in this case, the recent Supreme Court decision.”
Requester comment: "They are going ahead with the launch of the wellbeing app which has been developed solely to support the named person role despite the fact that the scheme has been paused."
Scottish Government meeting - information sharing provisions in CHYP Act[https://leahurst66.files.wordpress.com/2017/02/160811dajw-foi_17_00068_ken-mcdonald.pdf]
[Notes released later via FOI after review]
Requester comment: ICO felt judgment suggests that the phrasing of the information sharing sections of the Act 2014 needs to be amended. It would be worth looking at the last section of the supreme court press release, referring to fair processing and the definition of threshold.
The judgement did not “suggest” anything of the sort!
"Children's Social Services - Will we ever get it right?" (video presentation by Allan Norman)[http://positiveactiongroup.org/index.php?option=com_content&view=article&id=602:presentation-childrens-social-services-will-we-ever-get-it-right&catid=34:pag-meet]
"Allan Norman (who more or less predicted the Supreme Court "named person" judgment in a submission to the Scottish Government for Schoolhouse in 2013) speaking in the Isle of Man."
Moray "going ahead with" Named Person scheme[http://www.express.co.uk/news/uk/699758/Chronically-ill-teen-reported-child-protection-school-absence]
Family exposes current unlawful data sharing in Moray.
SPICE briefing challenged for claiming ruling not applicable to current information sharingComplainant wrote to SPICE: It is wrong to say that the Supreme Court ruling 'does not apply' to the non statutory scheme. The ruling was in relation to unlawful sharing of information in breach of ECHR and data protection law. It ruled Part 4 of the CYP Act, and the accompanying Scottish Government guidance, to be unlawful. This necessarily means that any practices which breach the ruling are unlawful.
Revocation orders laid before parliament[http://www.parliament.scot/S5_Education/General%20Documents/20160824CStoConv_NP_SSIs.pdf]
Revocation orders laid before parliament by Dep FM to prevent legislation coming into force. Hurrah!
Mother’s fury as her private chat is shared under hated Named Person scheme[http://www.express.co.uk/news/uk/707016/Mother-fury-private-chat-shared-hated-Named-Person-scheme]
A mother has spoken of her distress after finding that her family’s confidential information had been shared without consent as part of an early roll-out of the hated Named Person scheme.
John Swinney statement promises "intensive consultation"[http://news.gov.scot/speeches-and-briefings/statement-on-named-person-deputy-first-minister]
Dep FM John Swinney issues statement promising intensive consultation on CHYP Act provisions following Supreme Court ruling. Claims current information governance is in accordance with the law.
'Highland' Bill Alexander takes to airwaves to claim current practice is not affected.Bill Alexander (on BBC): "Supreme Court ruling talked about the information sharing provision in the Children & Young People’s Act, that has not yet been commenced. It was not critical of current practice and said it was reasonable to support early intervention to support children and families. So that’s a process that’s already in place across most of Scotland … “
He directly contradicted the current Highland Practice Model which encourages sharing of information below the legal threshold.
Bill Alexander challenged on legality of Highland Practice ModelOpen letter to Bill Alexander
GIRFEC Highland Practice Model May 2015 p38 5.1.2 is clearly non-consensual information sharing ruled illegal by the Supreme Court. You misled the public about the current nature of the operation of the scheme in Highland.
John Swinney, speaking in Parliament yesterday, seemed to believe current schemes have not been unlawful [but] the Highland scheme has been operating for some years on the basis of the flawed legislation and associated government guidance.
ICO issues new 'advice'[https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2016/09/ico-statement-on-named-person-scheme/]
The Information Commissioner issues updated advice in response to the court ruling, but fails to formally withdraw his legally inaccurate 2013 letter still being relied upon by public and third sector bodies across Scotland.
IBM Single view of the citizen: Helping case workers optimize the delivery of social serviceshttps://www.youtube.com/watch?v=94myKYoIAIU
Sngle view of the citizen to facilitate (or enforce) state outcomes
A history lesson from Edwin Black: http://www.jewishvirtuallibrary.org/ibm-and-quot-death-s-calculator-quot-2
Parents want the named person to share information (not really)http://thirdforcenews.org.uk/blogs/parents-want-the-named-person-to-share-information#dWBKGQdvRqUthDs7.99
GIRFEC vested interest admits "..a single point of contact with services was asked for by parents and carers of children and young people with additional support." He doesn't specify how many or how they were selected to represent the entire parent population of Scotland in order to progress a univeral compulsory scheme in which personal data is shared without informed consent.
Third sector engagement meeting, opponents not invitedThird sector engagement meeting, NO2NP and opponents of the scheme not invited.
Health board scraps leaflet after Named Persons ruling[http://no2np.org/tag/nhs-tayside/]
“Parents were being handed the leaflet at Accident and Emergency departments in the area. It said:
“When you attend this department your own details or those of your child may be disclosed to other professionals, for example, School Nurse, Health Visitor, Social Work and GP. This follows the guidance from the Scottish Government.”
Leaflet withdrawn and an information governance review initiated.
ICO orders removal of outdated advice[http://no2np.org/wp-content/uploads/Letter-from-Ken-Macdonald-21-10-2016-003-1.jpg]
ICO orders removal of outdated advice from Scot Govt website following pressure from NO2NP lawyers.
NO2NP wins Herald’s ‘Public Campaigner of the Year’ Award[http://no2np.org/no2np-wins-award-public-campaigner-year/] [http://no2np.org/wp-content/uploads/NO2NP-wins-Public-Campaign-of-the-Year-Award.mp3]
NO2NP has won the award for “Public Campaigner of the Year” at The Herald’s Scottish Politician of the Year Awards 2016..
The category is described as: “A public award to recognise an individual or group that has best engaged with the political system to change legislation.
Highland named person success claims debunked[http://no2np.org/facts-behind-swinneys-highland-council-utopian-claims/]
In the same time period there was a drop in referrals across Scotland. In fact many local authorities which did not have a Named Person pilot scheme saw an even higher percentage drop in referrals.
There is no evidence to suggest a link to the Named Person pilot scheme.
CLAN Childlaw “Information Sharing Provisions – the way forward”[http://www.clanchildlaw.org/news-and-events/information-sharing/]
Comment: "Parents should be made aware that information is being gathered against the well-being indicators to make sure the child's wellbeing will develop" - no mention of consent for the data processing. The public health nurse "will be responsible for the child's well-being until they reach the age of five."
CLAN seems to be condoning a wellbeing enforcement scheme founded on data theft.
Perth & Kniross retains inaccurate adviceWhen asked by a parent to remove the outdated advice which the ICO had withdraw, Perth & Kinross responded: “It is our view that the original advice letter of 2013 remains valid.”
Scottish government ordered to pay appellants’ legal costs in Named Persons case[http://www.scottishlegal.com/2016/11/14/scottish-government-ordered-to-pay-appellants-legal-costs-in-named-persons-case/]
The Scottish government may be required to pay out an estimated £500,000 over its “Named Person” scheme after the UK Supreme Court ordered it to pay the legal bills incurred by those who brought the case.
Their costs are estimated to top £250,000 and the government’s bills could possibly bringing the total cost to the taxpayer to around £500,000.
Swinney snubs concerned parents and constituents[http://no2np.org/swinney-accused-snubbing-concerned-parents-constituents/]
Large numbers of parents have contacted Mr Swinney in his capacity as education minister, urging him to hold public meetings where he can be quizzed over the future of the state snooper proposals that Supreme Court judges declared illegal earlier this year.
It has emerged that Mr Swinney has even failed to respond to parents seeking to become involved in the consultation process.
CYPIC Learning Session 2016 - Highlights Video[https://vimeo.com/201687688]
Teachers “actively engaged with data” to drive forward improvements.
Children and Young People Improvement Collaborative
Third Sector engagement meeting- NO2NP snubbed[http://no2np.org/swinney-leaves-no2nps-campaign-spokesman-cold/]
Only those who agree were invited.
John Swinney put a ban on NO2NP’s campaign spokesman Simon Calvert from attending a meeting of third sector groups to discuss the future of the Named Person scheme.
The talks were part of an “engagement process” session in Edinburgh on 1 December, to discuss possible ways of changing the scheme following the Supreme Court defeat.
NO2NP Action Day: Third Sector Engagament Event[http://no2np.org/no2np-action-day-girfec-third-sector-conference-edinburgh/]
The Scottish Government has been holding a number of events for selected stakeholders Victoria Quayin Leith.
Third Sector organisations were invited to discuss future plans for the Named Person as part of the “intense engagement” with those who have concerns” about the scheme.
NO2NP's request to attend was denied so they held an action day instead.
South Ayrshire doubts over data sharing[https://ww20.south-ayrshire.gov.uk/sites/practioners/Lists/Announcements/Attachments/6/GIRFEC%20Newsletter%20Issue12%20Dec16.pdf]
South Ayrshire GIRFEC newsletter: message appears to have filtered through about non-consensual data processing. "Whilst at one point, practitioners may have been advised “if in doubt: share!” the Supreme Court clearly warns against this approach. Rather, until further guidance is given, practitioners are advised, “if in doubt: seek advice”."
Three month programme - list of engagement events
Has your council run a Named Person scheme?[http://no2np.org/council-running-non-statutory-named-person-scheme/]
NO2NP publishes a list of councils and their implementation of named person schemes.
Guidance Material for Named Person Processes in Relation to the Gypsy Traveller Community (via FOI)[https://leahurst66.files.wordpress.com/2017/03/1602129dajw-_alan_small_-_provision_of_named_person_s.pdf]
Report by Alan Small obtained by FOI.
“At the time of compiling this report [early 2015] the Named Person role was established within all schools in Fife”
“The Named Person role is already well embedded in Fife with Head teachers in Primary schools or promoted members of staff, most likely Pastoral care teachers performing the role in secondary schools.”
Dundee University: What's wrong with the 'Named person'? A discussion[https://www.dundee.ac.uk/events/2017/17-01-30-whats-wrong-with-the-named-person-a-discussion.php]
No speaker could be found to support the named person scheme.
The Scottish approach to evidence A discussion paper[http://www.carnegieuktrust.org.uk/carnegieuktrust/wp-content/uploads/sites/64/2017/01/AfUE-The-Scottish-Approach-to-Evidence-v7.pdf]
Draws on debates from the Scottish Approach to Evidence roundtable, hosted by the Alliance for Useful Evidence and Carnegie UK Trust in 2016. [In short the state, assisted by government sponsored vested interests, will decide the desired outcomes for every citizen and make sure they are complied with in the brave new eugenicist Scotland]
SASO Debate: The Named Person SchemeThe Named Person Scheme: Will this increase the protection for children and young people or is it an unjustified intrusion into family life?
Guest Speakers: Matt Forde (NSPCC) & Maggie Mellon (independent social work consultant)
£4m NHS parenting scheme ‘had no impact’ (Triple P)[http://www.thetimes.co.uk/article/4m-nhs-parenting-scheme-had-no-impact-lx659g3ds]
The research specifically notes that programmes that are universal cost a lot and claims of their worth needs to be questioned.
NHS Greater Glasgow and Clyde launched (for-profi program) Triple P in May 2010.
to help parents whose children have common social, emotional and behavioural problems.
Study says it is “unlikely to produce measurable benefits” and a waste of NHS resources.
Government’s intrusive “wellbeing surveys” quiz school pupils on habits at home[http://www.express.co.uk/news/uk/766222/government-wellbeing-surveys-quizzes-pupils-habits-home]
"Primary pupils are being quizzed in the classroom about how much alcohol their parents drink, how many toys and computer games they have and even how often they are allowed Irn Bru."
ScotCen is conducting school surveys (without opt-in consent) for Scottish Government as part of Realigning Children's Services programme.
Council’s data sharing policy “would not survive a challenge”[https://leahurst66.wordpress.com/councils-data-sharing-policy-would-not-survive-a-challenge/]
Long term illegal data sharing by Dumfries and Galloway Council challenged by parents and slammed by data protection expert.
Transforming Children's Futures (with wellbeing questions) website goes down[https://leahurst66.wordpress.com/2017/02/17/vanishing-wellbeing-surveys-found-safe-and-well-in-parental-custody/]
The Realigning Children’s Services / Transforming Children’s Futures website has been experiencing a significant service interruption since the ScotCen wellbeing questionnaires were (reluctantly) published for parents' perusal.
Copies were saved.
Swinney in denial over dodgy ICO guidance[https://leahurst66.files.wordpress.com/2017/02/170217-ico-swinneyresponse.jpg]
Letter from John Swinney to constituent claiming 2013 ICO guidance is "legally correct", despite it having been removed from the Scot Gov website (perhaps he doesn't know?)
Also claims "the ICO has no locus to compel any organisation to remove informtion from their website if they beleve it to be of benefit."
No wonder public and third sector bodies are confused.
Ministers criticised over named person consultation[http://www.bbc.co.uk/news/uk-scotland-scotland-politics-39091688]
Opponents of the named person scheme claim ministers have refused to engage with them during a consultation on plans to reform the policy.
FOI requests by the group for details of the consultation discussions were rejected.
NO2NP spokesman: "The engagement was a sham because Mr Swinney only wanted to deal with those who support the scheme and organisations mainly funded by the government."
SNP bosses sign NHS patient information storage project without telling anyone[http://www.express.co.uk/news/uk/772161/SNP-bosses-NHS-patient-confidential-information-IT-project]
The first part of the double contract will see the old patient records system replaced with a modern Enterprise Master Patient Index (EMPI), allowing health workers real-time access to files at the click of a button.
The second part involves the creation of a new Scottish Child Public Health and Wellbeing System, which will manage the health and social care records of every child in the country.
Data protection for the education sector - ICO webinar[https://ico.org.uk/about-the-ico/news-and-events/events-and-webinars/data-protection-for-the-education-sector-webinar/]
Covered best practice for collecting and using personal information of pupils and staff. Discussed the ICO’s role and powers if problems with sensitive data occur. Also looked at the GDPR, which will become law in May 2018, and discussed its likely impact on schools and how the ICO will help institutions meet the new required standards.
Supreme Court denies Scottish council parental responsibility[http://supreme%20court%20denies%20scottish%20council%20parental%20responsibility/]
The Supreme Court overruled the Scottish Courts of Session for taking a "deficient" approach and failing to properly consider the threshold test that ‘a child could not safely be cared for by a parent’ before agreeing to remove parental rights and agreeing that the child should be adopted. The courts had considered the ‘best interests’ of the child without establishing whether the threshold test had been met.
Europe's data protection rules set a high bar for consent – and UK ICO welcomes your thoughts[https://www.theregister.co.uk/2017/03/02/gdpr_ico_draft_guidance_consultation/]
Consultation: GDPR consent guidance
Open data: a blueprint for reforming governments[http://alicemooreuk.blogspot.co.uk/2017/03/open-data-blueprint-for-reforming.html] (Alice Moore blog)
"First, data – scraping, mining, and matching."
"...departments and agencies to make more use of formal experiments and trials, [That includes children] leaving behind better evidence."
"...major shift in culture and style – more open, fast learning, less pretending to omniscience." [Less grandiose ideas like the government pretending to take care of wellbeing from preconception onwards?]
NO2NP Fact ChecksNAMED PERSON FACT CHECK: ‘INTENSIVE PERIOD OF ENGAGEMENT’ http://no2np.org/named-person-fact-check-intensive-period-of-engagement/
NAMED PERSON FACT CHECK: ‘JUST NEEDS A FEW TWEAKS’ http://no2np.org/named-person-fact-check-just-needs-tweaks/
NO2NP EXPOSES FLAWS IN REPLY FROM BETTER LIFE CHANCES UNIT http://no2np.org/no2np-exposes-flaws-reply-better-life-chances-unit/
John Swinney ditches Named Person data sharing in statement to Parliamenthttp://no2np.org/named-person-data-sharing-ditched-scottish-government-u-turn/
John Swinney reiterates refusal to meet with NO2NP https://www.facebook.com/No2NP/videos/1284644488285642/
Sunday Post https://www.sundaypost.com/fp/campaigners-claim-scottish-government-named-person-policy-climbdown/
Minority groups no-platformed for 'intensive' engagement on data sharingOnly handpicked vested interests were invited to participate, while minority groups, including children, were no-platformed for having a different perception of the problem created by a government determined to ignore the rule of law.
initial publication of this timeline (work in progress)
Tom Peterkin: changes to Named Person show up all its flawshttp://www.scotsman.com/news/opinion/tom-peterkin-changes-to-named-person-show-up-all-its-flaws-1-4387346
We are back where we started ... The threshold for information sharing without parental permission is only crossed when a child is at risk. The named person concept may still be alive in terms of every child getting one, but arguably its key feature – to lower the threshold for intervention – is now no more. Aside from the rancour, ill-will and parental anxiety, it has not been inexpensive.
Vulnerable children's personal data published onlinehttps://leahurst66.files.wordpress.com/2017/02/170312-mos-data-loss-dundee.jpg
Scottish Mail on Sunday reports a major data breach by Dundee City Council. There have of course been others.
ICO defends inaccurate data sharing adviceICO to enquirer: “The ruling of the Supreme Court was made specifically on Part 4 of the CHYP Act 2014 and lawful sharing of data can continue under the provisions of other existing legislation as well on a non-statutory basis. The ruling itself therefore does not necessarily make previous guidance invalid*, particularly when read with our advice issued following the decision of the Supreme Court which the Council has also published."
* It was always invalid as not in accoredance with the law
NO2NP event: Named Person – doomed or delayed?View presentations from Aidan O’Neill QC,Jim Sillars, Kevin McKenna, Maggie Mellon, Stuart Waiton
http://no2np.org/videos-named-persons-doomed-just-delayed/ Prof Anderson's story https://www.facebook.com/No2NP/videos/1320460861370671/
Vox pops https://www.facebook.com/No2NP/videos/1307058546044236/
Launch of NO2NP’s new Parents’ Guide to the Named Person SchemeLaunch of NO2NP’s new Parents’ Guide to the Named Person Scheme http://no2np.org/wp-content/uploads/NO2NP-Parents-Guide-to-the-Named-Person-Scheme_March-2017.pdf
Media coverage of NO2NP eventThe Scotsman: SNP should ‘do a Hammond’ over Named Person scheme – Sillars http://www.scotsman.com/news/politics/snp-should-do-a-hammond-over-named-person-scheme-sillars-1-4398108 The Herald http://linkis.com/heraldscotland.com/ZcW41 P&J https://www.pressandjournal.co.uk/pipe/1200348/do-a-hammond-and-ditch-named-person-scheme-jim-sillars-tells-john-swinney/ Courier https://www.thecourier.co.uk/news/scotland/390637/do-a-hammond-and-ditch-named-person-scheme-jim-sillars-tells-john-swinney/
Battle over Scots family life reopensScotsman comment/analysis https://leahurst66.files.wordpress.com/2017/02/sv.jpg?w=768&h=1024
Swinney: Not all named person debate has been helpfulhttp://thirdforcenews.org.uk/blogs/swinney-not-all-that-has-been-said-about-the-named-person-scheme-has-been-h
“..there has been plenty said about the Named Person service in the last few years, not all of it helpful, not all of it true.”
Further indicator of desperation as the DFM again makes defamatory remarks about opponents of his scheme, while wilfully misrepresenting the Supreme Court judgment and contradicting the QC who represented the successful appellants. Lies are one way from govt.
The Children and Young People (Information Sharing) (Scotland) Bill publishedNew draft legislation published, along with the promise of a code of practice to solve everything.
It should be noted that information processing involves much more than sharing and is subject to the limiting provisions of the Data Protection Act and ECHR. Professionals will have to account to data subjects for the (mis)use of their personal information.
Named Person legislation is an assault on families that must be opposed[http://thirdforcenews.org.uk/blogs/named-person-legislation-is-an-assault-on-families-that-must-be-opposed#stcfdCfl3kKS55zT.99] A warnig from Lesely Scott of Tymes Trust that GIRFEC and the Named Person "remain a clear and present danger for families across Scotland". Comments on the article reveal parental backlash against the scheme and the loss of credibility of its vested interest supporters.
Illustrative Code of Practice on information sharing[http://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing/cyp-information-sharing-bill-2017/cyp-information-sharing-draft-code-of-practice] This CoP leaves practitioners in the firing line if they fail to apply data protection principles and Article 8 of ECHR. They will have to justify every instance of non-consensual data processing when asked to do so by anyone whose personal data they have collected, shared or otherwise used, e.g. family members/other third parties