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Housing authority’s policy prevented them from considering separated parents on a case-by-case basis

By: Mark Tottenham BL

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Supreme Court allows appeal from High Court, and grants judicial review of a determination by a housing authority that a separated father with joint custody of his children did not have a 'reasonable requirement' to live together with them, on the grounds that the housing authority had a de facto policy to classify such parents as 'one person households' based on resources consideration, which prevented them from considering each applicant on a case by case basis as required by legislation.

Irvine J (nem diss): Judicial review - decision of housing authority - application for social housing - whether applicant had a "reasonable requirement to live together” with his minor children - s. 20 (1) of the Housing (Miscellaneous Provisions) Act 2009 - joint custody - whether applicant to be provided with accommodation with separate bedroom for his children - how a housing authority should apply s 20(1) - definition of 'household' - separation from partner in 2017 - separate applications for housing assistance - relevant considerations - nature and scale of the council’s responsibilities - Irish Human Rights and Equality Commission - amicus curiae - limits of discretion conferred by statute - s. 69 Local Government Act 2001 - regard to available resources - use of term "access parents" in Council's own documentation.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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