Family living in ‘wretched’ conditions settles case against Tipperary County Council

A family of six who 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 brought proceedings against Tipperary County Council’s over its handling of their living conditions. The council had opposed the claim against it.

The family’s counsel, Colm O’Dwyer SC, told Ms Justice Marguerite Bolger that the proceedings had been resolved after the family was provided with a four-bedroom house “on an emergency basis” by the council. As a result, he said, the case could now be struck out.

David Browne Bl, for the council, said his side was fully consenting to the case being struck out.

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The judge, who had earlier in the proceedings described the family’s situation as “wretched” and “very unsettling”, welcomed the settlement and praised the efforts to bring about a resolution of the dispute.

The family, members of the Traveller community, claimed in their case that they been living in various places including on the side of the road in Toomevara and in a retail park in Nenagh, which they were told by gardaí to vacate. The family feared they might be prosecuted and have their vehicles seized.

Between April and mid-July they had mainly been sleeping in a car, the court heard. They spent some of that time in emergency accommodation before obtaining a one berth caravan in mid-July.

They claimed 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.

Mr O’Dwyer, appearing with Seán Betty Bl, instructed by solicitors for the Free Legal Advice Centres (FLAC), argued that the council’s policy towards his clients was rigid, inflexible and not meeting their basic needs.

They claimed the caravan they were 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, found it difficult to get emergency accommodation in the area where they live. Their family was too large and many of the places they contacted were full of tourists, the court heard. Not having a fixed address also caused difficulties.

The family claimed that the council’s approach amounted to breaches of the McInerney’s constitutional and human rights, and the local authority’s obligations under the Irish Human Rights and Equality Act.

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