The High Court has granted Victoria Keenan leave to seek judicial review of Clare County Council’s response to her family’s housing situation, including whether it should provide a temporary place for their caravan and basic sanitary services. The court did not decide whether the council acted unlawfully or order it to provide land, a toilet or water.
Mr Justice Conleth Bradley gave the ruling on 8 November 2023 at the contested leave stage. The judge said Ms Keenan had met the relatively low threshold of showing arguable or stateable grounds on those claims. The substantive issues remain for a later hearing.
Ms Keenan’s case is that she and her five children have no other home and live in a caravan. After gardaí, assisted by council officials, removed it from the Sixmilebridge railway station car park in July 2023, she retrieved it and parked it at Lios Anama, Sixmilebridge. She sought an emergency location within reach of her children’s schools, pending more suitable accommodation, and a portable toilet and water supply there.
The council said it had made a number of accommodation offers, which Ms Keenan refused, and would continue seeking suitable accommodation. Its affidavits described temporary housing and caravan-site options, including locations where it said basic services could be provided. Ms Keenan disputed the suitability of some proposals and raised concerns about safety, location and her family’s needs. The judgment records substantial disagreement between the parties.
The judge refused leave on Ms Keenan’s requests to prevent gardaí from removing the caravan. After the proceedings began, the Garda Commissioner’s affidavit said the relevant notice had been withdrawn and no further notice would issue for the caravan at its then-current location. The court concluded there were no longer arguable grounds for the injunctions sought. It also refused leave on damages claims against the council and the State respondents.
The Garda Commissioner, Director of Public Prosecutions, Ireland and the Attorney General may be removed as respondents. The court directed that the judgment and pleadings be sent to the Irish Human Rights and Equality Commission, which can decide whether to take any further steps. The judge left other ancillary directions for a later hearing.