Woman has ‘no idea’ where she and son will sleep after ruling

A woman and her six-year-old son have "no idea" where they will sleep on Monday night after a judge rejected their demand that Carlow County Council immediately provide them with emergency accommodation.

Karen Middleton and her son Luke, who had been living in a tent outside the local authority's offices in Carlow, brought High Court proceedings challenging the local authority's refusal to provide the emergency accommodation.

In his judgement, Mr Justice Charles Meenan dismissed her action, which had been opposed by the council. The judge said he was taking into account the resources the council had available and the competing demands on those resources.

Following the ruling, the Middleton's solicitor Sinead Kerin said they were disappointed with the decision and that the family was unsure where they would spend the night.

The court heard that after leaving the tent the Middletons lived in accommodation paid for through charitable donations, pending the outcome of the legal acton, the solicitor said.

Ms Middleton left Dublin with her son in late March and returned to her native Carlow following a breakdown of a relationship. She stayed with relatives until they were no longer able to accommodate them.

In April they presented as being homeless at the council’s offices and, while they were initially refused emergency accommodation, the local authority put them up in B&Bs for short periods up to June 12th.

After the council stopped providing emergency accommodation, Ms Middleton staged a sit-in protest, from which she was later removed by gardaí. She then took up residence in a tent outside the council’s offices.

Due to fears her son may be taken from her, friends and supporters of the family allowed the boy to sleep on their sofas. Ms Middleton said she tried but was unable to secure private rented accommodation.

High Court action

The Middletons asked the High Court for an order directing the council to consider their outstanding application for emergency homeless accommodation by way of social housing support or by any other means.

They also sought an order quashing the council’s decision that the Middletons could reasonably be expected to use alternative accommodation until the mother was able to rent a property.

The council opposed Ms Middleton’ demands on the grounds it had limited resources available and that her requests had been fully considered.

Mr Justice Meenan, in a reserved judgment, said there was no basis to quash the council’s decision and the Middletons were not precluded from making a fresh application for emergency accommodation should further circumstances arise.

He said a detailed meeting between Ms Middleton, who was accompanied by a representative of Focus Ireland, and the council took place on May 24th. As a result of which he could not say the council's decision to refuse further emergency accommodation could be "fundamentally at variance with reason and common sense."

The council had told the court there are 150 other persons in Co Carlow in a similar situation to the Middletons, and the Council cannot afford to give one family priority.

Mr Justice Meenan rejected claims by the Middletons that the council had not given them adequate reasons for its decision. He noted that Ms Middleton will have a housing assistance payment available to her where she would be paid a sum of money each month to go towards rent.