In recent judicial review proceedings, Ms Justice Niamh Hyland granted, on an ex parte basis, permission to the applicant, Mr Johnstone, to bring his social housing challenge against Dún Laoghaire-Rathdown County Council, the Minister for Children, Equality, Disability Integration and Youth, Ireland, the Minister for Housing, Local Government and Heritage, and the Attorney General. Mr Johnstone is a man with Down syndrome, and he brought this action against the Council and State respondents as he would like to live independently, and have the Council assess whether he is suitable for social housing.
The applicant, while wishing to live independently, does not have the financial means to do so, and has been requesting a Council assessment for social housing for over 10 years. Mr Johnstone claims that he was found to be eligible for support for social housing in 2012, but the Council did not identify the nature of the support needed by him and they never carried out an assessment in compliance with the Housing Act 2009. To live in a safe and independent way, Mr Johnstone would require a level of full-time assistance, but he can take care of most of his basic needs.
The challenge contests that the delay by the Council constitutes a breach of Mr Johnstone’s rights and entitlements owed to him by both the Council and the State. The proceedings seek the outcome of an order against the Council, compelling them to assess the applicant’s suitability for social housing, and a finding that the failure to conduct the assessment to date reflects a breach by the Council in complying with their obligations under the Housing Act 2009. The applicant also requests a declaration by the Court that his legitimate expectation was breached by the State respondents as they owed him commitments to secure independent living, and they did not vindicate his rights.
As permission has been granted to Mr Johnstone to bring this challenge, one can expect to see the return of the case to the Court next month.