Family Lose Council Housing Battle After Refusing Offers
Family’s High Court Bid for Emergency Housing Fails Amidst Six Refused Offers
A family, including seven children, has been unsuccessful in thier High Court bid to compel Clare County Council to provide them with emergency accommodation. Ms Justice Marguerite Bolger ruled that the council had lawfully discharged its statutory duties, finding that the family is not entitled to demand emergency housing from stock designated for social housing.
The family, members of the Travelling Community, had sought allocation of emergency accommodation in a three-bedroom house from the council’s social housing stock. They are currently residing in a single room within a relative’s home.
“Undoubtedly the situation in which they are currently living in one room in a relation’s house is appalling,” stated Ms Justice Bolger. “However,where I have found that the council acted reasonably and lawfully in the six separate offers of emergency accommodation made to them,I cannot find their circumstances to be so remarkable as to merit a departure from the normal rules or an interference by this court in the exercise of the council’s discretion.”
The family was evicted from their rented council house in Lahinch,Co Clare,in July 2024 and subsequently deemed homeless by clare County Council. The council arranged hotel accommodation for them for several weeks from July 31, 2024.
The court heard that since august 2024, six distinct own-door accommodations were offered as emergency housing. Thes offers were refused for various reasons,including concerns regarding safety,suitability,and proximity to the children’s schools. Ms Justice Bolger expressed surprise that this “entirely unsatisfactory arrangement prevails in preference to the six houses offered to the family,” suggesting it might reflect the family’s strong feelings about the conditions and locations of the offered properties.
The judge also noted that the family had not established any cause of action or grounds for leave against the State parties. The family’s primary request for accommodation in Ennistymon or Lahinch was largely driven by one child’s educational needs. Ms Justice Bolger was satisfied that Clare County Council had assessed the family’s particular needs in a reasonable,rational,and lawful manner when making the six offers.
The family had asserted a right to emergency accommodation in a house earmarked for social housing, citing their current living conditions as exceptional. However, the judge pointed out that the family’s refusal of six separate offers of reasonable own-door accommodation, despite their perceived unsuitability, meant they were no longer considered homeless under the Housing Act.”The family are living in extremely difficult circumstances and no one could be anything but sympathetic and concerned at that,” the judge concluded. “However, they do not have rights over and above what is provided for in legislation or any enhanced rights to determine subjectively what is or is not a reasonable accommodation for them.”