High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

About this case:

• Judgment:
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Finding that the council had discretion under the Housing Act 1988, Mr Justice Meenan was satisfied that the decision to refuse further emergency accommodation was “fundamentally at variance with reason and commonsense”.

Chronology of Events

Until March 2017, Ms Karen Middleton, and her six-year-old son Luke Middleton were living in Dublin with Ms Middleton’s partner. It was an abusive relationship and Ms Middleton obtained a protection order from the District Court.

Thereafter Ms Middleton returned to her native Carlow with Luke. There, they stayed with friends and on 26th April 2017, Ms Middleton sought, but was refused, emergency accommodation.

The Court heard that Ms Middleton’s six-year-old son has sensory difficulties and behavioural and emotional issues, has been referred to children services in Carlow and is currently undergoing assessment.

On 28th April 2017, the Council provided the applicants with emergency accommodation for a week in a Carlow guesthouse.

On 4th May 2017, Ms Middleton was informed that they had to leave this accommodation immediately and were, again, refused further emergency accommodation.

Over this period, Ms Middleton had a difficult relationship with the Council which apparently necessitated the involvement of An Garda Síochána on several occasions.

Unemployed, Ms Middleton received some financial support from the Department of Social Protection to cover three nights B&B, however, on 8th May 2017, Ms Middleton was informed that no further funds would be provided so she and Luke returned to the Council and sat in in their offices.

Following intervention by the Gardaí she was arrested but released shortly thereafter. Members of the public paid for her accommodation on the night of 8th May 2017.

The following day Ms Middleton was in contact again with the Council who gave B&B emergency accommodation in a Carlow guesthouse until 12th June 2017.

At the expiry of the B&B emergency accommodation Ms Middleton attended at the Council’s offices but was denied entry – there she was informed that there would be no further emergency accommodation provided.

Consequently, Ms Middleton staged a sit-in with volunteer workers from the Carlow Housing Network. Again, there was intervention by the Gardaí and Ms Middleton was arrested.

Judicial Review

Ms Middleton stated that she has actively sought private accommodation for both her son and herself but to no avail. In her grounding affidavit, she deposed that she is homeless and has been residing in a tent outside the Council’s offices since 12th June 2017. Luke was not residing with her but has been staying, on a night to night basis, with distant friends and extended family members of Ms Middleton.

The Council stated that the housing needs of Ms Middleton had been the subject of assessment on several occasions and that “Carlow County Council, in all cases is obliged to implement the terms of the social housing regulations and has deemed that Karen and her son could reasonably be expected to use alternative accommodation (attached) until …she can rent a property.”

Attached to the letter was a list of addresses of accommodation in which members of the applicant’s family were residing.

In July 2017, the applicants obtained leave by way of an application for judicial review for:

Justice Meenan stated that there were two issues to be addressed: In reaching its decision of 27th June 2017, did the Council “conflate” the two statutory regimes referred to; and is there a basis for this Court to quash the said decision?

Satisfied that the Council did not conflate the two statutory regimes, Justice Meenan considered whether there was a basis for the Court to quash the Council’s decision to refuse emergency accommodation pursuant to the Housing Act 1988.

Firstly, it was clear that in applying the provisions of the Housing Act 1988, the Council had discretion.

The leading decision of O’Keeffe v. An Bord Pleanála 1 IR 39 found that the Court could intervene to quash the decision of an administrative officer or tribunal on grounds of unreasonableness or irrationality in the following circumstances:

Justice Meenan was satisfied that authorities such as Ward v. South Dublin County Council 3 IR 195, and Mulhare v. Cork County Council IEHC 288, set out clearly the extent to which this Court could set aside, amend or substitute its own decision for that of the Council regarding the provision of emergency accommodation for the applicants.

Ms Middleton was advised that, when the bed and breakfast accommodation expired, she would have to depend on family/friends if her housing needs had not been satisfied. Justice Meenan was not satisfied that the decision to refuse further emergency accommodation was “fundamentally at variance with reason and commonsense” (as per O’Keeffe v. An Bord Pleanála).

Considering the facts of the case, Justice Meenan refused to grant the order of certiorari, or the order of mandamus sought by Ms Middleton.