‘Wretched’ situation for family of six living in one-berth caravan, observes judge

A High Court judge has described claims that a family of six have been living in a one-berth caravan and sleeping in a car for several months as “wretched” and “very unsettling”.

The comments were made on Monday by Ms Justice Marguerite Bolger after she granted lawyers acting for John and Nikita McInerney and their four young children permission to bring a High Court challenge against Tipperary County Council’s handling of the family’s accommodation situation.

The family, who are members of the Traveller community, were living on the side of a road in Toomevara, Co Tipperary, but were moved on. They relocated to the Springfort retail park in Nenagh but were told by An Garda Síochána to vacate that location as well, the judge heard.

The family feels they may be prosecuted by gardaí and the vehicles they have been using seized.

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Between April and mid-July they mainly were 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.

In their High Court action, the McInerneys have claimed that since May they have been precluded by the council from getting hotel accommodation, by being provided only with funds that only partially cover the cost of B&B accommodation.

Colm O’Dwyer SC, with Sean Betty BL, instructed by solicitors for the Free Legal Advice Centres (FLAC), for the family, said the situation was pretty bad for his clients, and it was their case that council’s policy towards the McInernery’s was rigid, inflexible and not meeting his clients’ basic needs.

Counsel said that the caravan was totally unsuitable, and the gardaí had also told the family it cannot remain in the retail park.

Counsel said the council have offered his clients €100 per night towards B&B accommodation, which is insufficient. Mr and Mrs McInerney claim that in order to get that accommodation they have to make up the shortfall themselves.

The court heard Mr and Mrs McInerney are on social welfare.

Counsel said for a variety of reasons the family find it difficult to get emergency B&B accommodation in the area they live, for reasons including that the family size is too large, and that many of the places they contact are full of tourists.

Having no fixed address has also caused the family difficulties, he added.

A further concern is that some of their children are due to return to school in September.

Counsel said the council’s decision amounts to a breach of the McEnerney’s constitutional and European Convention on Human Rights (ECHR) rights, and the local authority’s obligations under the 2014 Irish Human Rights and Equality Act.

In their judicial review action against Tippeary County Council the family seeks various orders and declarations from the court including orders directing the council to reconsider their accommodation needs.

They also seek orders quashing the council’s decision to place them on a waiting list for emergency accommodation and that they only be provided with partial funding for B&B accommodation.

Ms Justice Bolger said she was prepared to grant the applicant family permission, on an ex-parte basis, to bring the challenge.

The judge said she noted the council’s response to the family’s situation, which she added was “unsatisfactory from all relevant parties’ point of view”.

The judge said the matter was urgent, and she wanted to have both sides’ arguments put before the court as soon as possible.

She also encouraged all the sides to work together to try to resolve the situation.

The judge, after making directions regarding the exchange of legal documents in the case, adjourned the case to a date in September.