Council wins case

Council is cleared as Travellers lose damages in accomodation case

Anna-Marie Flynn

MAYO County Council has welcomed the High Court ruling against a Traveller family who initiated proceedings against the County Council, and Ballina Town Council, over an alleged delay in housing them.
The landmark lengthy legal battle ended last week when Patrick and Ann Lawrence, and their eight children, aged from seven to 22, lost their claim for damages after they stated that a delay in housing their family resulted in health problems, including in Ann Lawrence’s case, depression, diabetes and stress; and a disruption to their children’s education. 
In their action, the Lawrences claimed Mayo County Council and Ballina Town Council breached their housing rights over an eight-year period from 1997 until 2005, periods of which were spent living in a caravan outside Ballina Swimming Pool. In 2005, they were housed in an estate.
In a 76-page reserved judgement, Mr Justice Roderick Murphy dismissed the claims of breaches of housing rights and ruled that Mayo County Council and Ballina Town Council had, from the time the family were on the housing list in 2002, met their obligations to assess their needs.
He also found no evidence to show discrimination between the family and others on the housing list. He said it was clear that the family had been accorded priority, second only to a related family of 15 who were on the list for many years earlier.
Speaking yesterday (Monday) Director of Services with Mayo County Council, Peter Hynes (pictured), told The Mayo News the County Council was satisfied with the decision made after a five-day stint in the High Court. He said there was no doubt that both the County and Town Council acted to the best of their ability in the situation. “The Council is very pleased with the judgement issued. It effectively brings this long-running litigation to a conclusion,” he said.
“While the Council acknowledges the fact that every person is fully entitled to go down the legal route, we are looking forward to having more time and resources to focus on the accommodation issue, now that those resources are not taken up by litigation,” he added.
The case will return before the High Court at a sitting on October 15 for the judge’s direction on costs. While there is currently no exact figure known, it is expected the costs involved in the three-year-long High Court battle will be substantial.
When contacted yesterday, representatives from Mayo Traveller Support Group were not available for comment on the case.