A family of six living in a one-berth caravan and sleeping in a car for several months has sparked a High Court challenge against Tipperary County Council in Ireland. Lawyers representing John and Nikita McInerney and their four young children were granted permission to bring the case after a High Court judge described the family’s living conditions as wretched and very unsettling.
The McInerneys, who are members of the Traveller community, originally resided on the side of a road in Toomevara, Co Tipperary, but were forced to move. They then relocated to the Springfort retail park in Nenagh but were subsequently told to leave by An Garda SÃochána, the national police service of Ireland.
Between April and mid-July, the family primarily slept in a car, with some time spent in emergency accommodation before obtaining a one-berth caravan in mid-July. However, they claim that since May, Tipperary County Council has prevented them from obtaining hotel accommodation by providing funds that only partially cover the cost of bed and breakfast (B&B) options.
Counsel for the family argued that the council’s policy towards the McInerneys has been rigid, inflexible, and failing to meet their basic needs. The family also expressed concerns about potential prosecution by the police and the seizure of their vehicles. Additionally, they find it challenging to secure emergency B&B accommodation due to factors such as their family size and the occupancy of tourist-packed establishments. With the start of the new school year approaching, the McInerneys face further complications without a fixed address.
In response to the family’s situation, Ms Justice Marguerite Bolger criticized the council’s handling of the matter as unsatisfactory. She granted the McInerneys permission to bring their High Court challenge and emphasized the urgency of resolving the issue promptly. The judge encouraged all parties involved to work together towards a resolution.
The McInerneys have initiated a judicial review action against Tipperary County Council, seeking multiple orders and declarations from the court. These include directing the council to reconsider their accommodation needs, quashing the decision to place them on a waiting list for emergency accommodation, and providing full funding for B&B accommodations.
The case has shed light on the challenges faced by the family and the inadequacies of the council’s approach. As the legal proceedings progress, it is hoped that a fair and sustainable solution can be reached, ensuring the well-being and rights of the McInerney family.
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