A YOUNG MARRIED Traveller couple has reached a settlement with their local authority which will see their names added to the housing list despite being refused 14 months ago.
The case challenging the local authority’s refusal to place them on a housing list because they were under 18 was due to be heard on Monday but settlement was reached outside the Equality Tribunal.
The Irish Traveller Movement Independent Law Centre who represented the man and woman said the challenge was taken on the grounds of indirect discrimination of the Traveller community under the Equal Status Acts 2000-2008.
The solicitor for the complainants contended that the decision to exclude under-18s disproportionately impacted members of the Traveller community who are statistically more likely to marry during their teenage years.
The settlement means the couple have been put on the list from the date of their application 14 months ago. It does not guarantee them a home but it qualifies them for rent supplement if they wish to claim it.
Overcrowded conditions
The young couple were married in December 2010 when they were both 17-years-old before having their first child in November 2011. They resided in the Republic of Ireland with their baby on an official local authority halting site.
However, their legal representatives said the site was extremely overcrowded and due to necessity the pair – with their baby – moved into a house with a relative. That property was also described as “extremely overcrowded” and the husband and wife slept in separate quarters with the mother and baby sharing rooms with other family members.
The Law Centre said it was during this time that they applied for inclusion on the housing list, were refused and contacted them for assistance.
Outside the law
The age restriction on social housing was only implemented as a result of a circular distributed by the Department of the Environment last year, said Siobhan Cummiskey, a managing solicitor at the Irish Traveller Movement Independent Law Centre.
The policy acted outside the powers of the Housing Acts and no age restriction actually exists in legislations.
Cummiskey welcomed the outcome of the case and called on the department to abolish the practice of excluding under-18s from the accommodation list even when they have demonstrated a housing need.
The settlement could have implications for all those under-18s who demonstrate a housing need but Cummiskey told TheJournal.ie that it is more pertinent to the Traveller community.
It is understood the couple in this case wish to be housed at a traditional, local authority halting site. However, there are also difficulties in this as very few extensions to halting sites have been made and families are getting bigger, leading to overcrowded living conditions.
“We have encountered many young Travellers and their infants in dire living situations as a result of this policy, across many areas. This case demonstrates the need for law and policy makers to take cognisance of the culture of Travellers and other ethnic minorities during the drafting process,” concluded Cummiskey.
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