Judgment reserved in Travellers' case against councils

THE HEARING of an action for damages by a Traveller couple and their eight children, who claim that delays in housing them led to a range of health problems and disrupted the children's education, has been completed. The High Court has reserved judgment.

The Lawrence family claim that Ballina Town Council and Mayo County Council breached their housing rights from 1997 until they were housed in an estate in Ballina in June 2005.

During the years up to that, they say they and their children, now aged from seven to 22, experienced health problems including, in Ann Lawrence's case, depression, diabetes and stress as a result of their living conditions.

The family lived in a range of locations, including in two caravans in conditions described as "unfit for human habitation" in the car park of Ballina swimming pool for a number of years. The case opened on February 20th and concluded yesterday before Mr Justice Roderick Murphy.

The family are seeking damages for health and educational difficulties, alleged breach of constitutional rights and breaches of the race directive in that, they allege, Mayo County Council discriminated against them in making more housing available for settled persons than for Travellers.

In their action against the councils, the Lawrences claim they had lived in Ballina on and off from 1991, but had never been advised of an area within the county where they could lawfully park their caravans. In 1997, they were living on the side of the road and their caravan was impounded.

In February 2002, they camped in the car park of Ballina swimming pool and, apart from periods where they were moved on a number of times, remained there until, following the initiation of court proceedings in May 2003, they were housed in June 2005.

In 2003, the family claim they were living in the pool car park in two caravans in overcrowded conditions and without electricity, water or sanitation services.

They initiated the High Court action after Patrick Lawrence was charged with criminal trespass and with failing to comply with a direction to remove his caravan, but the prosecution was adjourned pending the outcome of the High Court proceedings.

Ballina Town Council and Mayo County Council have denied the claims and deny liability for health or educational difficulties experienced by the family.