THE introduction of Named Persons for every child in the area is to be delayed as government ministers scramble to repair legislation.

Following the Supreme Court decision on Thursday that the scheme was incompatible with European human rights, they said it could not go ahead as planned for the end of August.

The Named Persons legislation was challenged by groups claiming it was a breached their rights to privacy and family life under the European Convention of Human Rights.

Judges - including two from Scotland - said the flagship policy of a state-appointed figure to oversee the welfare of every child was "unquestionably legitimate and benign". 

But proposals about information-sharing could mean confidential details could be disclosed to a "wide range of public authorities without either the child or young person or her parents being aware".

The Scottish Government was given 42 days to bring in changes but they announced new legislation would not start until the problems are fixed, halting the planned roll-out by August 31.

West Dunbartonshire Council said many of the provisions of the Named Persons scheme were already in force through the Getting It Right For Every Child (GIRFEC), which has been in place for a decade.

A spokeswoman said: “In light of the Supreme Court ruling on July 28, the Scottish Government is delaying the implementation of the Named Person Service. We await further direction from the Scottish Government in due course.”

SNP group leader Cllr Jonathan McColl said: "There is no suggestion that the legislation will be blocked, but the Scottish Government must now ensure that the language in the Bill is compatible and compliant with relevant existing UK regulations around data sharing.

"The Cabinet Secretary for Education , John Swinney MSP, has confirmed that the government will start work immediately on the necessary legislative amendments and that the ‘Named Person’ scheme will be implemented nationally at the earliest possible date.

"There is no reason for the council to stop it’s preparations and I’m confident that our staff will use the extra few weeks to ensure a smooth transition to this new enhanced child protection system.”

Conservative West Scotland MSP Adam Tomkins said: "Of course the aim of the named persons law is legitimate. That was never in question. It is the means that were doubted. And rightly so.

"Primary legislation is clearly going to be needed. And that legislation will have to entail a fundamental rethink of the entire scheme. Otherwise the operation of the Named Persons law will result in endless litigation.

"Without substantial overhaul, the operation of the Named Persons law is 'likely often to be disproportionate' - to fix this law is no mere tweaking exercise. It is riddled with defects."

The SNP has previously condemned the Supreme Court for interfering in Scottish affairs. But conversely, the decision was based around the European Convention of Human Rights, something the SNP argued was a key reason for Scotland to remain part of the EU.

Similarly, the Tories have argued against Named Persons, but also against the Convention that delivered them the legal victory.

An NSPCC Scotland spokesperson said: “NSPCC Scotland has recognised the concern about how the ‘Named Person’ part of the Children and Young People Act was being introduced and, while supporting the principle behind it, has had reservations as to how it would be implemented in practice.

“It is essential that the government ensures that any new system is effective in protecting children and we would urge that the government’s commitment to early intervention is not diminished.”

Ross Greer MSP, the Scottish Greens’ education and skills spokesperson, said the required changes give the Scottish Government an opportunity to “build public confidence” in the legislation.

"Even the name is far from perfect," he said. "The Scottish Government now have an opportunity to do that when the Supreme Court’s necessary changes are made to the legislation.

“Let’s review the scheme’s effectiveness after it’s implemented, but its opponents must accept the court’s decision. The system has been designed for children who need help and who would otherwise slip through the net. It’s for that reason Greens give it our full support.”