Courts

Man with Down syndrome who wants to live independently brings council to court over housing assessment

Lawyers for David Johnstone say client deemed eligible for support in 2012 but DLR council failed to identify nature of what it deems appropriate

High Court heard David Johnstone can take care of most of his basic needs but needs assistance to live safely and independently. Photograph: Bryan O'Brien

Aodhan O'Faolain
Mon Apr 29 2024 - 17:21

A man with Down syndrome who wants to live independently has brought a High Court challenge aimed at compelling Dún Laoghaire-Rathdown County Council to assess his suitability for social housing.

David Johnstone (40), who resides at his family’s home in Cabinteely, Dublin 18, claims he has been seeking the assessment for more than 10 years. The court heard that Mr Johnstone can take care of most of his basic needs but would need a degree of full-time assistance to live safely and independently.

While he wants to live independently, he is not in a position to do so for financial reasons and has applied to the local authority for housing assistance. He claims that while he was deemed eligible for social housing support in 2012, the council has failed to identify the nature of the support it says is appropriate for him nor has it carried out an assessment of him that complies with the 2009 Housing Act.

He claims the delay amounts to a breach of his rights and entitlements by the council and the State.

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Mr Johnstone has brought judicial review proceedings against the council, the Minister for Housing, Local Government and Heritage, the Minister for Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General.

In his action, Mr Johnstone, represented by Feichín McDonagh SC, instructed by solicitor Pól Ó Murchú, seeks an order compelling the council to complete his social housing assessment. He also seeks a declaration that by failing to conduct such an assessment the council has failed to comply with its duties under the 2009 Housing Act.

He also seeks declarations that the State respondents have breached the applicant’s legitimate expectation by failing to implement all their commitments to him in respect of his bid to secure independent living and have failed to vindicate his rights.

The matter came before Ms Justice Niamh Hyland, who on an ex parte basis, granted the applicant permission to bring his challenge. The matter will return before the courts next month.

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