A Dublin woman has lost her High Court challenge to Fingal County Council's refusal to allow her to buy a house under the council's shared ownership/affordable housing scheme because of alleged anti-social behaviour by a former boyfriend.
The court heard that information was given to the council alleging that the man was arrested after drugs valued at €10,000 were alleged to have been found in his possession.
Acting on that the council refused to allow Ms Elizabeth Roche, Kilbarron Avenue, Coolock, Dublin, to purchase a house at Barnewall Drive, Donabate, Co Dublin. Ms Roche took judicial review proceedings seeking to quash the council's decision. Dismissing the application yesterday, Mr Justice Kearns said he made his decision against the background of the drugs scourge in Dublin. In a judicial review, the court was concerned only with the decision-making process. He was satisfied the council had reasonable grounds for making its decision and that no injustice arose.
The judge added that nothing in his finding should be taken in any way as implying that Ms Roche was in any way participating in the activities outlined in court. His task was solely to establish whether the council had reasonable grounds for its decision. Earlier, the court heard that, under the Freedom of Information Act, it had been established that Fingal County Council had received information from the National Garda Drug Unit concerning the arrest of a boyfriend of the applicant and alleging that drugs valued at €10,000 had been found on him.
Mr Maurice Gaffney SC, for Ms Roche, put it to Mr Alan Carthy, director of services with Fingal County Council, that Ms Roche had informed the council she had broken off the relationship. Mr Carthy said that any person could tell one a week later that they have broken up but, "within a few weeks, the boyfriend is back in occupation".