Source: All England Reporter
Publisher Citation: [2016] All ER (D) 156 (Jul)
Neutral Citation: [2016] UKSC 51
Court: Supreme Court

Lady Hale DP, Lord Wilson, Lord Reed, Lord Hughes and Lord Hodge SCJJ

Representation Aidan O'Neill QC and Laura-Anne van der Westhuizen (Instructed by Balfour & Manson) for the appellants.
  W James Wolffe QC and Christine O'Neill (instructed by Solicitor to the Scottish Ministers) for the respondents.
  Ailsa Carmichael QC (instructed by Community Law Advice Network) for the intervener (Community Law Advice Network).
Judgment Dates: 28 July 2016


Human rights - Right to respect for private and family life - Four charities challenging legislation relating to information sharing on children and young people designed to promote childrens' wellbeing - Whether information sharing provisions being disproportionate interference with children's right to private and family life - European Convention on Human Rights, art 8.

The Case

Human rights Right to respect for private and family life. The Supreme Court held that the information-sharing provisions of of the Children and Young People (Scotland) Act 2014 were not within the legislative competence of the Scottish Parliament owing to the fact that in practice they might result in a disproportionate interference with the rights of many children, young persons and their parents, under art 8 of the European Convention on Human Rights through the sharing of private information.

Practice Areas

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