Family of five living on side of busy road allegedly told by council they were not homeless

Ann O'Loughlin

A Co Limerick family living on the side of a busy road in a caravan without running water or a toilet has brought their case to the High Court.

A judge on Monday gave leave to the family to challenge a decision by Limerick County Council which allegedly found that as they have a "roof over their heads", they are not homeless.

The court also heard that the family couldn't take up a previous offer of temporary accommodation because of alleged criminal threats made against the father by people in the proposed area.

The young family of five, who live in the caravan on the Dock Road area of Limerick, seek the quashing of the council's decision of September 3rd, 2025, that they were not homeless for the purposes of Section 2 of the Housing Act and are seeking a court declaration that they are in need of emergency accommodation.

At the High Court Michael Kinsley BL, for the family, told Mr Justice Garrett Simons that his clients were also seeking an order forcing the council to reconsider their emergency homeless accommodation need and an order to have their appeal against the September decision determined by the council.

They also seek damages for alleged breach of their constitutional rights guaranteed by the European Convention on Human Rights.

Mr Kinsley told Mr Justice Simons that the family were members of the Traveller Community, had three young children and had a history of housing applications. He said there was no running water, no toilet at the caravan and that his clients used a generator for electricity that was only active for one-to-two hours a day.

Counsel said the family were told in person they were deemed not to be homeless by a council official as they had "a roof over your head".

The family appealed the decision but have received no response.

Mr Kinsley said the family used to live in the caravan in a nearby field but were moved on by gardaí in October and now lived on the side of a national road which presented an ongoing danger to the three small children.

Counsel said that solicitors' letters written to the council by the Free Legal Advice Centre, who represent the family, had gone unanswered

It is submitted that the family first applied for housing support in 2017 and were in hotel emergency accommodation until June 2018 after which they returned to the caravan.

Between November 2018 to July 2019, when housed in rental accommodation they were victims of discriminatory anti-social behaviour and the tenancy was terminated, it is submitted.

In April 2020, following the outbreak of Covid, the family were offered temporary accommodation but were not able to take up the offer because of safety fears concerning criminal threats made against the father by people in the proposed area.

In February 2024, they refused an offer of a Co Limerick house as they had concerns about it being "impossible" to get their children to school and to creche from the location and were worried about anti-social behaviour in that area.

The refusals of offers led to the family being told by the council's homeless action team that they were therefore not entitled to service it is claimed.

Mr Kinsley in his submission states the caravan is now "located on the side of a busy road in a wholly unsafe and unsuitable location. The applicants are likely to be moved from this location also".

"The applicants continue to live in an entirely unsuitable structure without the most basic of amenities in a location which is a threat to their safety," submitted Mr Kinsley.

Mr Justice Simons granted the ex parte application - where only one side is represented - and adjourned the matter to January.