The family had lived for many years at a yard in Govan when Glasgow City Council sought to evict them as part of plans to redevelop the site. The court ultimately refused the eviction, finding that the family was entitled to remain under the Mobile Homes Act 1983.

Although the case was decided on property law grounds, Lady Drummond also considered arguments based on the UNCRC Act 2024 and the Human Rights Act 1998. Lawyers for the family argued that eviction would breach the child’s UNCRC rights, including her best interests, and that the Council was exercising a “relevant function” and therefore subject to the duty to act compatibly with the UNCRC requirements under the 2024 Act.

Glasgow City Council argued instead for a narrow interpretation, claiming it was not exercising a “relevant function” and that the UNCRC Act therefore did not apply. Lady Drummond firmly rejected this approach, warning that this narrow interpretation would deprive the 2024 Act of “much of its meaningful content”.

While the judge did not find a breach of the child's rights, citing evidence that the Council had carried out Child Rights and Wellbeing Impact Assessments and made arrangements for alternative accommodation - the decision remains highly significant. It confirms that the UNCRC Act applies when local authorities seek to evict families that include children, and that courts must take children’s rights into account when considering whether to grant eviction orders.

Had the Council’s argument succeeded, the reach of the UNCRC Act would have been severely limited. This judgment therefore represents an important step in ensuring children’s rights have real force in Scots law.