A woman and her six-year-old son, who have been living in a tent outside Carlow County Council’s offices for some three weeks, have taken a High Court case over the council’s alleged refusal to provide them with emergency accommodation.
David Leonard BL, for Karen Middleton and her son, said the two have been in the tent since June 12th after the council refused to provide them with further emergency accommodation.
When the matter came before Mr Justice Seamus Noonan on Monday, he said the application for leave for judicial review should be made on notice to the council and adjourned the matter to Wednesday.
Earlier, Mr Leonard, instructed by solicitor Sinead Kerin of Mercy Law Resource Centre, said Ms Middleton left Dublin in late March following a breakdown in her relationship and went to her native Carlow.
Counsel said his clients have sought private rented accommodation but have been unable to find anywhere to stay. They stayed with relatives for a period but they were no longer able to provide them with shelter.
Local councillor John Cassin had paid for one night’s accommodation for them in a local hotel and, on other occasions, various members of the public also paid for accommodation for them.
B&Bs
In April they presented as being homeless at Carlow County Council’s offices. While initially refused emergency accommodation, they were later placed in B&Bs for short periods.
In early May, after being told she had to leave emergency accommodation, Ms Middleton held a sit in at the council’s offices with volunteers from the Carlow Housing Network. She said she was arrested after refusing to leave but was later released.
She and her son were given emergency accommodation in B&Bs between May 9th and June 12th. When the council stopped providing such accommodation on June 12th, Ms Middleton held another sit in before again being removed by gardaí and has since taken up residence in a tent outside the council’s offices.
She is concerned about living in a tent and, due to her fears her son may be taken from her, some of her friends have allowed him sleep on their sofas, counsel said. Her son also has health needs.
On one occasion, people started throwing items including eggs at her tent and, fearing for her safety, she called gardaí, the court heard.
The Middletons want orders directing the council to consider their outstanding application for emergency homeless accommodation by way of social housing support or by any other means.
They also want the court to quash the council’s decision they could reasonably be expected to use alternative accommodation until Ms Middleton can rent a property.
Counsel argued the decision Karen Middleton could rent a property is unlawful and irrational and fails to take into account information from her concerning why alternative accommodation options were not available.
The refusal of further emergency accommodation is unlawful and breaches their rights under the Constitution and European Convention on Human Rights, it is claimed.