Thomas and Louise Stokes, along with their five children, have initiated High Court proceedings against the Leitrim County Council. They are contesting the council’s declaration that they are not without a home, as their living conditions in a council-provided house in Carrick-on-Shannon’s Mount Temple have seriously impaired their health. The family alleges that the chronic presence of dampness and mould in the house, which became so severe they had to sleep in the lower level of the property, has had a negative impact on their health over their five-year residency.
Despite numerous complaints to the council and some actions taken by the authority such as increased ventilation and mould removal, the Stokes argue that these measures were inadequate. They insist that the property is uninhabitable. Consequently, the family decided to withhold rent, prompting the council to begin legal proceedings to repossess the house.
The persistent mould issue has allegedly resulted in the family vacating the property on several occasions and temporarily moving in with family members. Feasibly, when these living arrangements ended, they had no choice but to return to their previous home. Regrettably, their health allegedly continued to decline, as evidenced by their children’s hospital admissions. On a third occasion, the family was forced to vacate the property, going back to living with relatives in crammed conditions.
According to reports, a family claims to be homeless and in dire need of immediate shelter. However, they claim the local council has disregarded their plea for a transfer to social housing. They argue that the council has been negligent in addressing the mental health impact and other secondary effects that have resulted from living in their current dwelling.
As part of the Irish Traveller community, the family has taken legal action via a High Court judicial review against the council. With legal representation from Nuala Egan SC, the family is demanding a variety of court orders and declarations, including the annulment of the council’s assertion that the family doesn’t meet the definition of homelessness outlined in the 1998 Housing Act.
In addition, they’re asking for the council’s rejection of their social housing transfer request to be overturned and for them to be offered emergency accommodation suitable for a family and habitable by human standards. They’re also calling for several declarations, among which is that the council’s determination of their non-homeless status is illogical, unjust, excessive and violates their rights as per the Constitution, the European Convention on Human Rights and the EU’s Charter of Fundamental Rights.
Moreover, they’re seeking compensation for the supposed infringement of their rights and the council’s alleged negligence towards them. The case was brought before Mr Justice Garrett Simons at a vacation seating of the High Court on Monday. The judge granted the applicants the go-ahead – based on an ex parte basis – to lodge their lawsuit against the council. The case has been scheduled for hearing later this month.