County Council criterion for Traveller family access to services discriminatory

The case focused on the family’s application to be placed on the housing list within the county. The family had been living for two years in the county by the roadside in a small caravan lacking basic facilities.

The council refused their application to be included on the housing list, largely on the basis that the council considered that the family’s roadside site was not a legal residence and, therefore, the family was not normally resident in the county.

Following a review which confirmed the initial decision, the family referred a complaint of discrimination on the Traveller ground to the Workplace Relations Commission (WRC).

At the hearing of the case, the Commission argued on behalf of the family that the legal regulation, that governs the appropriate housing authority to which an applicant for social housing may apply, mentions only “normal residence”, and the question of lawful residence was an additional criterion added by the council. This criterion was not usually applied to other applicants from non-Traveller backgrounds.

The WRC, which heard the case under the Equal Status Act 2000, determined that the County Council, in interpreting normal residence as only referring to a legal residence, had introduced an additional criterion which disproportionately affected members of the Traveller community and was, therefore, discriminatory. The WRC also found that the council does not generally question the legal tenancy of applicants residing in houses. Therefore, applying the legality requirement is clearly discriminatory towards members of the Traveller community and, in particular, in this instance, to the family.

The WRC ordered the council to pay a total of €20,000 in compensation to the family. The WRC also directed the council to review its policy in relation to social housing assessment regulations to remove the legality criterion when interpreting normal residence.

Emily Logan, IHREC chief commissioner, said: “The Commission provided legal representation to this family, as it was important to challenge the discrimination they faced from their County Council in accessing the Council’s services because they were members of the Traveller community.

“It is essential that Local Authorities, in line with their legal obligations to eliminate discrimination, work proactively to ensure access to the range of their services irrespective of who the user is, and the Commission welcomes this determination.”