The Christian Institute and others v Scottish Ministers

Judicial review – Act of Scottish Parliament – Human rights – Data protection. Court of Session: Refusing a reclaiming motion in judicial review proceedings challenging the lawfulness of provisions in the Children and Young People (Scotland) Act 2014, the court held: (1) that the Lord Ordinary applied the correct test as regards the standing of the first to fourth petitioners, although it disagreed with his conclusion that they lacked sufficient interest to pursue the alleged contraventions of EU law or breaches of fundamental rights; (2) that the named person service provisions in Pt 4 of the Act were not incompatible with the European Convention on Human Rights and hence beyond the legislative competence of the Scottish Parliament; and (3) the challenges to the information sharing and disclosure provisions in the Act must be rejected.

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