PILA Bulletin: 03 October 2012
In a recent Judicial Review case, Kinsella v Dun Laoghaire/Rathdown County Council, the High Court looked at whether someone receiving social housing from one local authority is entitled to apply to another local authority for housing.
The Applicant, Ms Kinsella, was a tenant of Dublin City Council and applied to the Dun Laoghaire/Rathdown County Council (DLRCC) for housing. The basis for her application was that she is caring for a seriously ill child and relies on the support of family members who live in the DLRCC area. The DLRCC refused her application, saying that she was already housed by another local authority and ineligible to apply.
The Housing (Miscellaneous Provisions) Act 2009 says that the only situation that will make a person ineligible for housing support is where there are rent arrears due for a specific period. Judge Hogan held that any attempt to further limit who is ineligible for housing would infringe upon the Oireachtas’ role contrary to the Separation of Powers Doctrine.
Judge Hogan concluded that Ms Kinsella was entitled to apply to the respondent Council, and quashed the DLRCC’s previous decision to refuse to consider her application.
Mercy Law Resource Centre (MLRC) represented Ms Kinsella in this case and welcomed the Court’s clarification of the rights of people seeking housing support. Click here to read a Mercy Law Centre Press release on the case.