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Irish Times
3 days ago
- General
- Irish Times
Family that rejected six housing offers fails in court bid for emergency accommodation
A mother and their children, who turned down six offers of houses by Clare County Council, have failed in their High Court bid to force the council to provide them with emergency accommodation. Ms Justice Marguerite Bolger ruled that Clare County Council had lawfully discharged its statutory duties regarding the provision of emergency accommodation to the family, which includes seven children. The judge said the family members are not entitled to require the council to offer them emergency accommodation from housing stock earmarked for social housing. Martina Sherlock Mongans and her seven children, who are members of the Travelling community, sought to bring proceedings against Clare County Council, the Minister for Housing, the Attorney General and Ireland, claiming they should be allocated emergency accommodation in a three-bedroom unit that is part of the council's social housing stock. READ MORE The family now lives in a single room in a relative's house. 'Undoubtedly, the situation in which they are currently living in one room in a relation's house is appalling,' the judge said. However, she found that the council acted 'reasonably and lawfully' in making six separate offers of emergency accommodation to them. She, therefore, could not find the circumstances required to interfere in how the council exercised its discretion. The family was evicted from a rented council house in Lahinch, Co Clare, in July 2024 and deemed homeless by the local authority. Hotel accommodation was arranged for several weeks from July 31st, 2024. Setting out the background to the case, the judge said that, since August 2024, six different own-door accommodation options have been offered as emergency accommodation. She said each had been refused for various reasons, including concerns about safety, suitability and distance from the children's schools. The judge said it is surprising that this 'entirely unsatisfactory arrangement prevails in preference to the six houses offered to the family'. She said this is perhaps indicative of how strongly the family feels about the conditions and location of each of the houses offered. The judge said the family did not establish any cause of action or grounds for her to permit them to bring their case against the State parties. The judge said the family wanted accommodation in Ennistymon or Lahinch, largely because of one of their children's educational needs. The judge said she was satisfied Clare County Council assessed the particular needs of the family in a manner that was reasonable, rational and lawful when offering them six of the accommodations. The judge said that, in effect, the family asserted a right to emergency accommodation in a house that the council has earmarked for social housing on the basis of exceptional circumstances in which they are currently living. The family's refusal of six separate offers of reasonable own-door accommodation means the family is no longer homeless within the meaning of the Housing Act, the judge found. 'The family are living in extremely difficult circumstances and no one could be anything but sympathetic and concerned at that. 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,' the judge said.
BreakingNews.ie
3 days ago
- General
- BreakingNews.ie
Family who turned down six emergency accommodation offers lose court bid against Clare Co Council
A family who turned down six offers of houses by Clare Co Council have failed in their High Court bid to force the council to provide them with emergency accommodation. Ms Justice Marguerite Bolger ruled that Clare Co Council had lawfully discharged its statutory duties in relation to the provision of emergency accommodation to the family, including seven children. Advertisement The judge further stated that the family are not entitled to require the Council to offer them emergency accommodation from housing stock earmarked for social housing. Martina Sherlock Mongans and her seven children, who are members of the Travelling Community had brought proceedings against Clare Co Council, the Minister for Housing, Ireland and Attorney General asserting that they should be allocated emergency accommodation in a three bedroom house which is part of the Council's social housing stock. The family now live in a single room in a relative's house. 'Undoubtedly the situation in which they are currently living in one room in a relation's house is appalling. 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 exceptional as to merit a departure from the normal rules or an interference by this court in the exercise of the Council's discretion,' the judge said. Advertisement The family were evicted from their rented Council house in Lahinch, Co Clare in July 2024 and were deemed homeless by Clare Co Council with hotel accommodation arranged for a number of weeks from July 31st, 2024. The judge, setting out the background to the case said that since August 2024, six different own door accommodations have been offered as emergency accommodation and had been refused for various reasons including concerns about safety, suitability and distance from the children's schools. Ms Justice Bolger said it is surprising that this 'entirely unsatisfactory arrangement prevails in preference to the six houses offered to the family,' but she said perhaps this is indicative of how strongly the family feel about the conditions and location of each of the houses offered. The judge said the family had not established any cause of action or grounds for leave against the State parties. Advertisement Ms Justice Bolger said the family wanted accommodation in either Ennistymon or Lahinch, largely because of one of their children's educational needs. The judge said she was satisfied that Clare Co Council assessed the particular needs of the family in a manner that was reasonable, rational and lawful in offering them six of the accommodations. Ireland George Nkencho inquest to hear from up to 60 witne... Read More The judge said that in effect the family had asserted a right to emergency accommodation in a house that the Council has earmarked for social housing on the basis of exceptional circumstances in which they are currently living. The family's refusal of six separate offers of reasonable own door accommodation, even though they considered them to be unsuitable for their family's needs had the consequence that the family are no longer homeless within the meaning of the Housing Act, the judge noted. Advertisement The family the judge said are not entitled to require the Council to offer them emergency accommodation from housing stock earmarked for social housing "The family are living and extremely difficult circumstances and no one could be anything but sympathetic and concerned at that. 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,' the judge said.
