Family with four children slept in car and caravan for months in wait for accommodation

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 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-bedroom house “on an emergency basis” by the council.

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As a result the case could now be struck out, counsel said.

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 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 Síochána to vacate that location. The family feared they may be prosecuted and their vehicles seized.

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

They said they had effectively been precluded by the council from obtaining hotel or B&B accommodation. This was because they were provided with funding from the council that only partially covered the cost of B&B accommodation.

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 McInerneys was rigid, inflexible and not meeting their basic needs.

They said 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 had found it difficult to get emergency accommodation in the area they live.

This was because their family size was too large, and 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 the council’s decision amounted to breaches of 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.