Rights group demands clarification over circular used to deny accommodation to seriously ill man

Legal rights group FLAC has called on the Minister for Housing to make an immediate clarification regarding a circular which it believes was misapplied to deny emergency accommodation to a seriously ill homeless man.

The High Court today heard a settlement has been reached in proceedings between the man against Louth County Council and the Minister.

The council has agreed to provide Constantin Rostas with emergency accommodation for six months following his discharge from hospital.

FLAC, which represented Mr Rostas, believes the case arose because the council incorrectly relied on a departmental circular to restrict access of extremely vulnerable people to emergency accommodation.

When FLAC first intervened, the council initially agreed to provide Mr Rostas with hostel accommodation, but withdrew that support citing a lack of a formal work history, that he did not qualify for social welfare, and that he was considered not to be habitually resident in the State.

FLAC initiated High Court proceedings on Mr Rostas’ behalf, challenging the refusal to grant him emergency accommodation and looking for injunctive relief against Louth County Council.

The Minister for Housing was also joined in the proceedings on the basis of an administrative circular, 41/2012, that purports to provide guidance to local authorities in relation to the provision of housing support to non-Irish nationals. It was argued on behalf of Mr Rostas that the circular was incorrectly applied and may be ultra vires the Housing Acts. FLAC also argued that the circular may not properly reflect aspects of EU law concerning the free movement of workers.

By the time proceedings were initiated, Mr Rostas had been admitted to hospital. Louth County Council subsequently indicated that it was not contesting the case and agreed to provide emergency accommodation.

Sinead Lucey, managing solicitor at FLAC, said: “The Housing Acts give local authorities very broad discretion as to how they can assist persons who are deemed homeless. The law is intended to obviate the need for anyone to sleep rough or in unsuitable accommodation and thus ensure that their constitutional rights are not breached.

“However, local authorities are relying on a Department of Housing circular designed to guide local authorities on the provision of long-term social housing supports.

“This is confusing in itself, but in any event FLAC believes the guidance is irrelevant to situations of homelessness where the Housing Acts and constitutional standards prevail.”

Eilis Barry, chief executive of FLAC, said: “While we are delighted that a seriously ill homeless man has been provided with emergency accommodation, it should never have come to this.

“The circular issued by the Department of Housing is a source of confusion, particularly in cases of homelessness and destitution, and we believe it should not have been relied on in Mr Rostas’ situation.

“FLAC will be writing to the Minister for Housing, setting out in detail what we perceive are the problems with the circular and asking him to clarify that the circular does not apply to the provision of emergency accommodation and to conduct a review of its operation.”