Family living in 'wretched' conditions settle action against Tipperary County Council

The family had claimed that they had effectively been precluded by Tipperary County Council from obtaining hotel or B&B accommodation

The court heard that the proceedings have been resolved, after the family was provided with a four-bedroomed house "on an emergency basis" by the council. File picture

A family of six who had had been living in a one-berth caravan and sleeping in a car for several months have settled their High Court action over their accommodation situation.

John and Nikita McInerney and their four young children had brought proceedings against Tipperary County Council over its handling of the family's living conditions. The council had opposed the claim against it.

On Wednesday morning, the family's barrister Colm O'Dwyer SC told Ms Justice Marguerite Bolger that the proceedings have been resolved, after the family was provided with a four-bedroomed house "on an emergency basis" by the council. As a result the case could now be struck out, counsel added.

David Browne Bl, for the council, said that his side was fully consenting to the base being struck out. The judge, who had earlier in the proceedings described the family's situation as "wretched" and "very unsettling," welcomed the settlement, and praised the parties' efforts in bringing about a resolution of the dispute.

In their action the family, who are members of the Irish Traveller Community, claimed that they been living in various places including on the side of the road in Toomevara, Co. Tipperary. They had also been living in a retail Park, in Nenagh, but had been told by An Garda Siochana to vacate that location.

The family feared that they may be prosecuted by the Gardai, and their vehicles seized. Between April and mid-July of this year they mainly had been sleeping in a car, they claimed.

They had spent some of that time in emergency accommodation, before obtaining a one-berth caravan in mid-July. They claimed that they had effectively been precluded by the council from obtaining hotel or B&B accommodation.

This was because they were only provided with funding from the council that only partially covered the cost of B&B accommodation.

'Inflexible'

Mr O'Dwyer SC, appearing with Sean Betty Bl instructed by solicitors for the Free Legal Advice Centres (FLAC) for the family, had argued that the council's policy towards the McInernerys was rigid, inflexible and not meeting their basic needs. They claimed that the caravan they had been provided with was totally unsuitable for their needs, and that the council's alleged offer of €100 per night towards the cost of accommodation was insufficient.

Mr and Mrs McInerney are on social welfare, and for a variety of reasons they had found it difficult to get emergency accommodation in the area they live. This was because their family size was too large, and that many of the places they contacted were full of tourists, the court heard.

Having no fixed address also caused the family difficulties. The family claimed that council's decision amounted to breaches of the McEnerney's constitutional and ECHR rights, and the local authority's obligations under the 2014 Irish Human Rights and Equality Act.

In their judicial review action against the council. the family sought various orders and declarations from the court including orders directing the council to reconsider their accommodation needs. The council had denied any wrongdoing, and had prepared a statement of opposition in reply to the family's allegations against it.