The Scottish government has been notified formally of a legal challenge to its plan to insert government bureaucrats into the decision-making of families with children.
The Christian Institute, which is pursuing the action, said its lawyers have sent a letter to the government detailing the case, charging lawmakers are overstepping their authority.
The scheme, described by the institute as “invasive” of families, was adopted by lawmakers. It would appoint a “named person” for every child born in Scotland that would be granted authority to monitor children and make decisions about their lives.
It’s an “invasion of the most grotesque nature which undermines the rights and responsibilities of ordinary mums and dads who are trying their best to raise their children in the best way they see fit,” said Colin Hart, the head of the Christian Institute.
“In the circumstances, we are seeking an undertaking that the Scottish government will not bring the act into force pending the outcome of this legal action, which will commence shortly,” he said.
The legal action already is ready for filing, he said.
“There’s no legal reason why we couldn’t do it next week, but there is a good reason to get as many parents’ stories involved as possible and we’ve already got a number of parents who want to be part of the legal action,” he continued.
The legislation would have, for all children from birth to age 18, a state guardian, such as a health worker or teacher.
The Children and Young People Act, however, already has been condemned by a key human rights lawyer, Aidan O’Neill, who said in a legal opinion that the measure amounted to “unjustified interference” and “may be unlawful.”
It appears to violate the European Convention on Human Rights, which calls for governments to respect “private and family life,” he said.
WND has reported the idea for a government watchdog for each child comes from the philosophy of the United Nations.
“This law shows the natural progression for a country that has ratified the U.N. Convention on the Rights of the Child and attempts to live up to its treaty provisions,” said Michael Donnelly, the director of international relations for Home School Legal Defense Association.
HSLDA has been exposing the pitfalls of the U.N. treaty, which has not been adopted by the United States.
The Scotland bill would have a social worker or other government worker “promote, support and safeguard the well being” of the child according to the standards of the state.
The bill includes vast data collection, which could be shared with just about anyone with or without the parents’ consent.
HSLDA warned the Children and Young People Bill is part of a larger government policy initiative in Scotland called “Getting it Right for Every Child,” or GIRFEC, a response to the U.N. treaty.
“The children and families of Scotland have been sold for GIRFEC gold” by 105 members of the Scottish parliament, said a representative of Schoolhouse HEA, the Scottish homeschooling advocacy group, “including those who so squealed loudly over ID cards, yet didn’t raise a whimper over the wholesale collection and sharing of every child’s (and associated adult’s) personal data.”
The Scottish organization worries that the term “well being” can be broadly defined.
Quoting the law, the group said well being is based on indicators such as being “safe, healthy, achieving, nurtured, active, respected, responsible, included.”
Schoolhouse HEA said that with the exception of “safe,” none of the “well being” indicators “is of itself an indicator of a child at risk.”
“Therefore, they are not necessary for the state to mandate as thresholds for compulsory involvement in family life by the named person.”
WND also previously reported that the program comes with a massive $50 million price tag.
The Christian Institute noted the Royal College of Nursing is warning that the scheme will require at least 450 new health “visitors,” or health inspectors, to be employed by the government.
Hart warned, under the plan, “Ordinary Scots should be very afraid.”
According to the London Telegraph, the Children and Young People Bill is under fire for overstepping government rights.
The report explained: “The Conservatives unsuccessfully argued that a guardian should only become involved where there were concerns over issues of well-being or safety of a child.”
Liz Smith, the Scottish Conservative Party young people official, told the newspaper, “This will tip the balance of family responsibility away from parents toward the state – something which most parents find completely unacceptable.”
The Catholic Church, the Church of Scotland and a number of legal organizations have opposed the idea.