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Irish Times
28-07-2025
- 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
28-07-2025
- 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.
BreakingNews.ie
24-06-2025
- General
- BreakingNews.ie
Dozens of caravans parked on the Curragh must leave by Friday, court rules
The Minister for Defence has been granted High Court orders preventing dozens of caravans camping on land in the Curragh, Co Kildare. Mr Justice Brian Cregan ordered that caravans, cars and other vehicles parked on the Department of Defence land, including areas used by horse trainers for gallops attached to the Curragh Racecourse, to be removed by 1pm this Friday. Advertisement Some of the caravans are also close to the Defence Forces firing ranges and have prevented the carrying out of training exercises. In an affidavit, Department principal officer of property management, Eoin McDonnell, said "mountains of rubbish" have been left behind by the transient and changing groups of caravan occupants, who the court heard are believed to be members of the Travelling community. There were caravans on the land for nine months of last year and the bill for cleaning up the rubbish was nearly €186,000. Since the arrival of the first group of caravans in March, the bill has reached some €31,700, he said. The dumped waste includes garden waste dumped as a result of transitory businesses along with household rubbish including clothing, bedding, mattresses, furniture, used nappies, sanitary towels and other such items. On one occasion a young pup was found in rubbish dumped in a gully along the side of a road. Advertisement The use of scramblers and quad bikes on the lands have caused damage to greens at Cill Dara Golf Club while local residents have complained about noise and general nuisance from the encampments, Mr O'Donnell said. Fires have also been lit causing damage while on occasion illegally dumped material partially buried on the land create a serious trip hazard for horses galloping on the Curragh plain. Dogs are running around the horses and animals have been left to graze on the land by the caravan occupants. Some 200 horses are trained daily on the land and the trainers based at the Curragh have said it is becoming very difficult to train due to the increased volume of caravans being parked close to a gallops known as Little Curragh, Mr O'Donnell said. Applying for the injunctions one a one-side only represented basis, Kelley Smith SC, for the minister, said there has been quite a history over the decades of regular trespass on the lands by caravans, usually coming from England or France, during the months of May and August. Between 1992 and 2000 six separate court orders were obtained prohibiting the trespass. Advertisement Despite those, since 2000, the unlawful caravan encampments have continued. Last year, counsel said, the number hit a record 75 at one point but this year that number was exceeded with 89 counted. The caravan dwellers change as some move on and others arrive and they are located in a number of different areas around the Curragh. The Dublin-Cork rail line runs through the lands at a fire next to the line last March caused major disruption, counsel said. Ireland Search of Dublin property as part of Annie McCarri... Read More Bailiffs had been employed to serve notices to quite upon the caravan occupants and only 21 people were identified but because of the changing composition of those involved it has not been possible to identify everybody, counsel said. Mr Justice Cregan ordered that notices of the court order be pinned to the doors of each of the caravans, including the 21 named people, along with a "plain English" notice explaining the order. He said anyone who wishes to contest the orders can turn up in court on Friday. He further ordered that the defendants and all persons have notice of the orders be prohibited from returning once the Friday deadline has passed.
Irish Times
24-06-2025
- General
- Irish Times
Dozens of caravans parked on Curragh must leave, judge orders
The Minister for Defence has been granted High Court orders preventing dozens of caravans camping on lands in the Curragh, Co Kildare . Mr Justice Brian Cregan ordered that caravans, cars and other vehicles parked on the Department of Defence land, including areas used by horse trainers for gallops attached to the Curragh Racecourse, be removed by 1pm this Friday. Some of the caravans are also close to the Defence Forces firing ranges and have prevented the carrying out of training exercises. In an affidavit, department principal officer of property management, Eoin McDonnell, said 'mountains of rubbish' have been left behind by the transient and changing groups of caravan occupants, who the court heard are believed to be members of the Travelling community. There were caravans on the lands for nine months of last year and the bill for cleaning up the rubbish was nearly €186,000. Since the arrival of the first group of caravans in March, the bill has reached some €31,700, he said. READ MORE The dumped waste includes garden waste dumped as a result of transitory businesses along with household rubbish including clothing, bedding, mattresses, furniture, used nappies, sanitary towels and other such items. On one occasion, a young pup was found in rubbish dumped in a gully along the side of a road. The use of scramblers and quad bikes on the lands has caused damage to greens at Cill Dara Golf Club, while local residents have complained about noise and general nuisance from the encampments, Mr O'Donnell said. Fires have also been lit causing damage while on occasion illegally dumped material partially buried on the land create a serious trip hazard for horses galloping on the Curragh plain. Dogs are running around the horses and animals have been left to graze on the land by the caravan occupants. Some 200 horses are trained daily on the lands and the trainers based at the Curragh have said it is becoming very difficult to train due to the increased volume of caravans being parked close to a gallops known as Little Curragh, Mr O'Donnell said. Applying for the injunctions on a one-side only represented basis, Kelley Smith SC, for the Minister, said there has been quite a history over the decades of regular trespass on the lands by caravans, usually coming from England or France, during the months of May and August. Between 1992 and 2000, six court orders were obtained prohibiting the trespass. Despite those, since 2000, the unlawful caravan encampments have continued. Last year, counsel said, the number hit a record 75 at one point but this year that number was exceeded, with 89 counted. The caravan dwellers change as some move on and others arrive and they are located in a number of different areas around the Curragh. The Dublin-Cork rail line runs through the lands and a fire next to the line last March caused major disruption, counsel said. Bailiffs had been employed to serve notices to quit to the caravan occupants and only 21 people were identified, but because of the changing composition of those involved it has not been possible to identify everybody, counsel said. Mr Justice Cregan ordered that notices of the court order be pinned to the doors of each of the caravans, including the 21 named people, along with a 'plain English' notice explaining the order. He said anyone who wishes to contest the orders can turn up in court on Friday. He further ordered that the defendants and all people with notice of the orders be prohibited from returning once the Friday deadline has passed.
Irish Times
20-06-2025
- Business
- Irish Times
Supermarket cleared of discrimination in row over paying for groceries with 10c and 20c coins
A supermarket has been cleared of discriminating against two children who were asked by a cashier if they had 'anything larger' when they tried to pay for €68 worth of groceries with 10c and 20c coins. The children's father filed a complaint accusing the unidentified supermarket of a breach of the Equal Status Act 2000 by refusing service to the children on December 22nd, 2023, because they were members of the Travelling Community. The claim was ruled 'not well-founded' by the Workplace Relations Commission (WRC) in a decision published on Friday, which was anonymised because of the involvement of minors. The tribunal heard that at about 1.30pm on the day of the incident, a cashier scanned €68 worth of shopping through a checkout for a girl and boy whose father was outside the premises in a car. READ MORE The cashier's evidence was that she counted out €26.80 comprising €1 and €2 coins and 20c and 10c pieces. '[It] took some time to count,' she told the WRC at a remote hearing last month. When she asked the children for the rest of the sum due, the young girl produced a purse with 'a large amount of 10- and 20-cent coins inside', she told the WRC. The cashier then asked the children whether they had 'anything larger to pay with'. She explained that there was 'a large queue building up' at her till. The children said they did not and left to fetch their father, the cashier said. She said he asked her why she was not taking their money, and that she found him 'very confrontational'. She told the WRC she 'made it clear to him that she was not refusing to take his money' and had only asked for notes because it was 'a very busy day'. There were 'a lot more than 50 coins involved'. The supermarket owner came to the till and intervened, the tribunal heard. The owner gave evidence that the father showed her he had banknotes, but told her he 'wished to pay in full using coins'. The owner then proposed that the father could count out the exact amount owed in coins, or count it out in batches of €5-€10, she said. The father replied: 'You are refusing to accept our payment.' She said she was 'trying to find a solution' and even offered coin bags to count out the loose change, but the father 'turned and walked away and left the store mid-conversation'. The father gave evidence that the children told him at the car that they 'were not being served' and that he went in to find out why. He told the WRC he 'supported what [his wife] had said about the event' in presenting the claim. The family's position, as presented by the children's mother at last month's hearing, was that the children were 'refused service at the supermarket because they were members of the Travelling Community'. 'The children suffered embarrassment in the shop with locals present, and suffered embarrassment with their friends because of the incident.' The supermarket's solicitors, Sweeney McGann, submitted that the business offered an apology to the children's mother for the 'misunderstanding' in a bid to de-escalate the situation, as well as a voucher as a goodwill gesture, which was refused. Adjudicator Peter O'Brien wrote in a decision published on Friday that it was 'not prejudicial' for the cashier to ask the children if they had 'larger-value coins or notes to complete their purchases'. He noted that by law, 'no entity other than the Central Bank or such persons as ordered by the Minister [for Finance] shall be obliged to accept more than 50 coins denominated in euro or in cent in a single transaction'. He noted that the only person who had given direct evidence to him about the initial incident was the cashier, as anything the children had told their parents was 'hearsay'. The cashier's evidence was that she 'never refused to complete the purchase' but simply asked the children whether there was 'a more convenient way to pay', he wrote. 'The request to pay with larger-value notes or coins could easily have applied to a minor who was not a member of the Travelling Community or indeed any adult who presented with large amounts of small coinage on such a busy day,' he wrote. He concluded the cashier's actions were reasonable and that she 'did not engage in discriminatory or prohibited conduct', and dismissed the complaint.
