Homeless family launch challenge to return to hotel

A homeless family has launched a High Court challenge to allow it return to emergency accommodation in a hotel they had to leave before Christmas.

The family of seven want the court to make orders allowing them to return to the Abberley Court Hotel in Tallaght, because they say their current emergency accommodation at the Regency Hotel in Drumcondra is unsuitable for their needs.

The action has been brought by Gareth Phelan and Lisa Murphy, their three children and two other children from a previous relationship of Ms Murphy, who have been homeless for over a year.

South Dublin County Council provided them with accommodation at the Abberley Court since September until a few days before Christmas when the family claim they were unlawfully “evicted” from the premises on December 22.

The family, represented by Cormac Ó Dúlacháin SC, told the High Court yesterday the family received no written statement detailing why their accommodation was being withdrawn.

Mr Phelan, counsel said, was informed orally that it was due to complaints he had made concerning the hotel and was also due to an isolated health and safety incident last November when a sock was placed on a smoke detector.

Counsel said a letter sent to his client’s solicitors from South Dublin County Council stated it had been instructed that Mr Phelan and Ms Murphy had allegedly impinged on the safety and wellbeing of other occupants of the hotel.

While local authorities pay for the emergency accommodation, the day-to-day management of such facilities are matters for the hotel’s management, the letter added.

Mr Phelan said in a sworn statement that he did place a sock temporarily on a smoke alarm because it was faulty and went off continuously in the presence of steam from a shower. He said he immediately removed it when asked to by a member of staff .

The family was provided with accommodation at the Regency Hotel almost 30 miles away on December 29.

The location is problematic as two of the children are attending school and another preschool in Jobstown and the family has no car.

In the family’s proceedings against South Dublin Co Council they want the High Court to make order quashing the decision to withdraw their emergency accommodation and want to be put back in the Abberley Court. They also seek damages.

Mr Justice Seamus Noonan adjourned the matter until Friday.