Limerick family was unlawfully removed from housing list
Limerick City and County Council acted unlawfully when it removed a Traveller family from the social housing list for a year after they had handed back the keys of a property after windows were smashed and threatening graffiti was written on its walls, the High Court has ruled.
In a ruling by the High Court, Limerick City and County Council has been found to have acted unlawfully when it removed a Traveller family from the social housing list for 12 months following a series of criminal attacks on their property. The family, consisting of a mother and her two young children, initially refused an offer of accommodation from the Peter McVerry Trust in March 2023 but later accepted a second offer.
However, they unreasonably surrendered the tenancy after windows were smashed and threatening graffiti was written on the walls. The court heard that the mother expressed concerns about anti-social behavior in the area, including drug use and property damage, and believed her family was at risk of intimidation due to her surname.
Despite these concerns, the council claimed the family could have remained in the property with assistance from gardaí and other services. However, the court ruled that surrendering the tenancy after criminal attacks did not constitute a refusal of a reasonable housing offer. The judge dismissed the council's argument that the judicial review was outside a statutory time limit and found that the council had not properly assessed the mother's concerns or available support services.
The council was ordered to provide the family with suitable accommodation, although the judge deferred the issue of potential damages to a later date.
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