Legal challenge over refusal of emergency housing

A homeless lone mother and her four children, one of whom has epilepsy, have brought a legal challenge over repeated refusals by a local authority to give them emergency accommodation.

The woman claims she was forcibly removed by security staff from the offices of South Dublin County Council on October 6, one of “numerous” dates she sought accommodation, and fears her family, homeless since late September, will end up sleeping rough shortly unless the High Court intervenes.

“My family is now in a desperate situation as we face into winter with no access to accommodation. We are moving night on night, relying on the goodwill of friends which is not sustainable,” she said.

She feared for her epileptic son, who was hospitalised last month. She was also unwell due to stress.

From Nigeria, the woman came to Ireland in 2000. She became a naturalised Irish citizen in 2013 and all her children are Irish citizens and attend schools here.

She claims she was told she was being refused emergency accommodation because she had given up a council tenancy in the UK where she lived for about a year from 2015. She returned last September to Ireland.

“I was told that I should return to the UK, I was told that I had made my family intentionally homeless.”

The unemployed care assistant, represented by the Mercy Law firm, has secured leave to bring judicial review proceedings against South Dublin County Council.

She claims the refusal of emergency accommodation is irrational and unreasonable and involves misapplication of the council’s statutory powers having regard to obligations under the Constitution and European Convention on Human Rights.

In court documents, she said she lived in the Tallaght area from 2006, worked part-time for periods, and did voluntary work. She held a council tenancy in Tallaght from 2014 but surrendered that in June 2015 to move to the UK so her eldest son could pursue a sporting career. There, the family obtained a council tenancy, her children attended school, and she worked part-time. She said she struggled financially and they returned to Ireland in September.

She said she presented as homeless and immediately sought emergency accommodation from the council, but has been repeatedly refused .

The family spent a week sleeping on the floor of a friend’s home before getting night-to-night accommodation with Focus Ireland through the Family Housing Assistance Team, funded by the council on varying days, the woman said.

On October 10, she was advised they could not access the assistance team and were directed to A&E and the gardaí. Since then she has had various informal and “chaotic” arrangements with friends but anticipates their goodwill would soon be exhausted and the family would end up sleeping rough.

The case is due before the court again on December 6.