A homeless man cannot continue with part of a High Court action in which he claims he is entitled to be put on a council list for two-bed rather than one-bed accommodation.
The man had made the application to Dublin City Council so his children, to whom he has access, can stay with him overnight.
Mr Justice Max Barrett said he "regrettably" must as a matter of law refuse the man's application to quash the council's decision of February 23rd, 2016, that he was not eligible for a two-bed unit.
The man can continue with another part of his challenge in relation to a decision concerning an application for one-bed accommodation, the judge said.
Separated father-of-two
The man is a separated father-of-two who, as a result of what the judge said was an “unhappy series of life events”, had become homeless.
After a period sleeping rough, he was housed in various emergency shelters and put on the council’s housing list as a single person.
He claimed this category of listing breached his constitutional rights, including to equal treatment, and was made outside the lawful powers of the council as he was entitled to overnight access to his children
The council, after refusing the two-bed application, decided in March 2016 he would be eligible for one-bed accommodation, as he had included on his application the situation regarding access to his children.
He brought judicial review proceedings and also sought to amend them to challenge the first decision relating to the two-bed application.
Amendment opposed
The council opposed any amendment to the proceedings.
In his decision, Mr Justice Barrett said he could not permit the amendment.
However, as part of the man’s one-bed challenge, his lawyers can argue the court hearing that case could grant “any relief” it considered appropriate, even where that was not specifically claimed.