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Named Person Scheme

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Dear Dumfries and Galloway Council,

A Council spokesperson was quoted in Mail on Sunday, June 30th issue, as saying that the Named Person Scheme was mandatory and that every child must have a Named Person.

1. Please provide me with the name and contact details for the person quoted as saying such.

2. Please provide me with your current Named Person Scheme Policy.

3. Please provide me with current legislation making Named Person mandatory, taking into consideration that Parts 4 and 5 of the Children and Young People (Scotland) Act 2014 did not pass into legislation partly due to the information sharing provisions (GiRFEC) being incompatible with ECHR Article 8, rendering Named Person Scheme, as legislated for, unlawful.

4. Please provide me with the relevant paragraph of Supreme Court ruling on Named Person Scheme UKSC 2015/0216 stating that this Scheme is lawfully mandatory, taking into consideration paragraph 95 which details the need to emphasise the voluntary nature of the scheme.

Nicola Sturgeon also stated in an interview 11th March 2016, with BBC Scotland’s Political Editor Brian Taylor, “It’s not compulsory, it’s an entitlement, not an obligation. If the parent doesn’t want to have anything to do with the Named Person scheme they don’t have to… It’s not mandatory.”
If the Parent does not want to have anything to do with the Scheme, they can opt out.

5. Please provide the reasons why the Council spokesperson has stated this Scheme is mandatory.

I look forward to receiving your response.

Yours faithfully,

V. Colvin

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information that we received on 01/07/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 421224 and we would appreciate it if you could quote this on all correspondence to us.

In order to assist the appropriate Council service(s) to deal with your request, can we ask you to clarify the following:

Details of the article you are referring to from the Mail on Sunday? .

Please be aware that in line with the above legislation, the 20 working days to respond to your request has been suspended and will be recalculated when we receive clarification from you.

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dear Dumfries and Galloway Council,

The article was on page 4 of the Mail on Sunday dated 30th June, by Journalist Dawn Thompson.

If you are unable to find it I can send a photo via email.

Yours faithfully,

V. Colvin

FOI, Dumfries and Galloway Council

OFFICIAL

Good afternoon

That would be very helpful if you are able to provide a photo of the article via email to assist us with this request please?

Kind regards

FOI Unit
Dumfries and Galloway Council

OFFICIAL

show quoted sections

Dear FOI,

Email on it’s way, thank you.

Yours sincerely,

V. Colvin

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 01/07/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 421224 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 29/07/2019.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dumfries and Galloway Council

Please find below the Council's response to your request 421224 which was received on 01/07/2019.

Details of request: A Council spokesperson was quoted in Mail on Sunday, June 30th issue, as saying that the Named Person Scheme was mandatory and that every child must have a Named Person.

1. Please provide me with the name and contact details for the person quoted as saying such.

2. Please provide me with your current Named Person Scheme Policy.

3. Please provide me with current legislation making Named Person mandatory, taking into consideration that Parts 4 and 5 of the Children and Young People (Scotland) Act 2014 did not pass into legislation partly due to the information sharing provisions (GiRFEC) being incompatible with ECHR Article 8, rendering Named Person Scheme, as legislated for, unlawful.

4. Please provide me with the relevant paragraph of Supreme Court ruling on Named Person Scheme UKSC 2015/0216 stating that this Scheme is lawfully mandatory, taking into consideration paragraph 95 which details the need to emphasise the voluntary nature of the scheme.

Nicola Sturgeon also stated in an interview 11th March 2016, with BBC Scotland?s Political Editor Brian Taylor, ?It?s not compulsory, it?s an entitlement, not an obligation. If the parent doesn?t want to have anything to do with the Named Person scheme they don?t have to? It?s not mandatory.?
If the Parent does not want to have anything to do with the Scheme, they can opt out.

5. Please provide the reasons why the Council spokesperson has stated this Scheme is mandatory.

Response:

Thank you for bringing to our attention the article in the Mail on Sunday on 30th June.

In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as we have been mis-quoted. I can also confirm that we do not have a Named Person Scheme Policy.

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dear Dumfries and Galloway Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Named Person Scheme'.

You have stated that you have been misquoted in the Mail on Sunday. Please provide me with the statement/email that you DID give out to the press/journalist, and by whom, including contact details.

You have stated that you do not have a Named Person Scheme Policy. What guidelines or constraints do your Named Persons work within then?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

V. Colvin

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for a formal review which was received on 24/07/2019 and is being dealt with. We will respond within 20 working days from the day after the request was received. A response to your request will be sent promptly, and in any event not later than 21/08/2019.

If you have any queries in the meantime, please do not hesitate to contact [email address].

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dear Dumfries and Galloway Council,

In my request for a review, the statement/email may also refer to telephone calls. This presumably would be noted in records. I request this information too.

Yours faithfully,

V. Colvin

Dear Dumfries and Galloway Council,

Additional information to assist with my request.

The Mail on Sunday Journalist, Dawn Thompson, received the response from the press office at 12.12pm on June 28th.

Yours faithfully,

V. Colvin

FOI Responses, Dumfries and Galloway Council

2 Attachments

OFFICIAL

Thank you for your e-mail dated 24th August 2019 requesting a review of the way in which the Council handled your request for information under the Freedom of Information (Scotland) Act 2002 (FOISA).

Your request for a review concerns the Council being misquoted in the Mail on Sunday and the guidelines or constraints Named Persons work within.

Response:

Our response from a Council spokesperson was intended to be generic and signposted them to the Scottish Govt guidance on Named Persons scheme.

28/06/2019 12:12Sorry for delay - last weekend was Scotland's largest free music festival, this week has been relaunch of our major leisure facility. In answer to your enquiry: While every child must have a named person, a named person could fulfil that role for a number of children. So, it's not possible to easily state how many named persons we have. https://eur03.safelinks.protection.outlo...

Attached is the Dumfries and and Galloway current guidance re delivering the Named Person Service

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made at www.itspublicknowledge.info/YourRights/U...

or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS Telephone: 01334 464 610.

If you are unhappy with a decision by the Scottish Information Commissioner, you may be able to take the matter to the courts or complain to the Scottish Public Services Ombudsman.

Kind Regards

FOI Unit
Dumfries and Galloway Council

OFFICIAL

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

We don't know whether the most recent response to this request contains information or not – if you are V. Colvin please sign in and let everyone know.