A settlement has been reached in proceedings brought by a seriously ill homeless man against Louth County Council and the Minister for Housing, with the Council agreeing to provide him with emergency accommodation for six months following his discharge from hospital.
Mr Rostas, who is an EU citizen, came to work in Ireland in 2008 and has been living and working here as a painter on and off since. He became ill in 2016 and was diagnosed with cancer and with tumours that affect his hearing and sight. Although so ill he could no longer work, he was deemed not to qualify for social welfare. He had no source of income and was left destitute. Mr Rostas had been living with his brother, but had to move out when his brother became ill, and he became homeless. He was staying with friends on and off, but despite his condition was forced to sleep rough on a number of occasions in July and August 2017. He was referred to FLAC (Free Legal Advice Centres) by Cáirde, a community organisation who had been assisting the man with his housing and securing a medical card and social welfare entitlements.
After FLAC intervened, Louth County Council initially agreed to provide him with hostel accommodation, but then withdrew that support, citing reasons related to a lack of a formal work history, the fact that he did not qualify for social welfare and that he was considered not to be habitually resident in the State. Mr Rostas was appealing the decision on his social welfare entitlements.
FLAC initiated High Court proceedings on Mr Rostas’ behalf challenging the refusal to grant him emergency accommodation and looking for injunctive relief against Louth County Council. The Minister for Housing was also joined in the proceedings on the basis of an administrative circular, 41/2012, that purports to provide guidance to local authorities in relation to the provision of housing support to non-Irish nationals. It was argued on behalf of Mr Rostas that the Circular was incorrectly applied and may be ultra vires (exceeding the powers conferred on the Minister by) the Housing Acts. FLAC also argued that the circular may not properly reflect aspects of EU law concerning the free movement of workers.
By the time proceedings were initiated, Mr Rostas had been admitted to Beaumount Hospital. Shortly thereafter, Louth County Council indicated that it was not contesting the case and has now agreed to provide Mr Rostas with emergency accommodation.
FLAC believes this case arose because local authorities were incorrectly relying on a departmental circular to restrict access of extremely vulnerable people to emergency accommodation in the midst of the state’s worst housing crisis. FLAC is calling for an immediate clarification by the Minister for Housing that the circular does not apply to the provision of emergency accommodation.
Click here for FLAC’s Press Release on the case.