A couple and their five young children who claim they have nowhere to go because they can't stay at a property they claim is harming their health have launched High Court proceedings challenging Leitrim Co Council's decision that they are not homeless.
The action has been taken by Thomas and Louise Stokes, who, along with their five children, claim that they had resided at a property in Mount Temple, Carrick on Shannon, Co Leitrim for several years.
They claim that since they moved into the property five years ago, which was provided for them by the local authority, their health has been adversely affected due to dampness and mould in the house.
They claim that the mould was so bad that they were forced to sleep downstairs rather than in the upstairs bedrooms of the property.
They complained about the problem to the local authority.
They also claim that the council carried out some works to alleviate the problems, such as improving ventilation in the house and removing the mould.
Those works, the family claim, were insufficient, and that when they had lived there the property was not fit for human habitation.
At one point, the family decided to withhold paying rent to the council.
This resulted in the council bringing legal proceedings against them, seeking an order for possession of the property.
Those proceedings, after reports were compiled outlining the problems with the property, ultimately did not proceed.
The family claim that while they were in the property, the problem with mould became so bad, and adversely affected their children's health, that they left the property and temporarily resided with relatives.
They initially returned, but the problems persisted, and the council agreed to put the family on its Housing Transfer List.
Due to ongoing health problems, the family left the property for a second time, and again went to live with family members.
That arrangement, however, ended, and having nowhere else to go, the family returned to the house.
This, it is claimed, has had a huge detrimental effect on the family's health, which has resulted in the children being hospitalised.
After members of their family were again hospitalised with severe respiratory problems, the family left the property for a third time.
They had been staying with another relative, in unsuitable conditions, with all seven members of the family staying in a single room.
The family claims they are homeless and require emergency accommodation.
They claim that the council does not accept this and has failed to lawfully consider their requests for a social housing transfer.
They claim the council has failed to take the mental health consequences of their residence at the property, and the knock on detrimental effects on the applicants.
As a result, the family, who are members of the Irish Traveller Community, have brought High Court Judicial Review Proceedings against the Council.
Represented by Nuala Egan SC, the family seeks various orders and declarations from the court, including an order quashing the council's decision that the family are not homeless within the means of the 1998 Housing Act.
They also seek orders quashing the Council's refusal to agree to their request for a social housing transfer, and that they be provided with emergency family-appropriate accommodation that is fit for human habitation.
They further seek declarations including that the council's decision that they are not homeless is irrational, unreasonable, disproportionate and in breach of the applicants' Constitutional rights, rights under the European Convention on Human Rights, and the EU's Chater of Fundamental Rights.
They also seek damages for the alleged breaches of the rights and for the council's breach of duty towards them.
The matter came before Mr Justice Garrett Simons during Monday's vacation sitting of the High Court.
The judge, on an ex-parte basis, granted the applicants permission to bring action against the council.
The judge made the action returnable to a date later this month.
