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Housing authority breached obligations in failing to deal with application within 12 weeks
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High Court determines, by way of judicial review, that a housing authority was in breach of its statutory obligations in failing to make a decision on a housing application within 12 weeks, where the applicants were non-Irish nationals with serious medical conditions who had been rendered homeless by the termination of their tenancy by the landlord, on the grounds that: (a) the relevant legislation did not preclude a second housing application where an earlier one had not reached final determination, especially where there had been a chance of circumstances for the applicants; and (b) there was no basis to suggest that the application form had not been properly completed, but the housing authority had failed to deal with the application as required.
Judicial review - housing - application for social housing - s. 20(2) of the Housing (Miscellaneous Provisions) Act 2009 - Regulation 12(1) of the Social Housing Assessment Regulations 2011 (S.I. 84/2011) - application by married couple - tenancy terminated - rendered homeless - both suffering from medical conditions - residing with relatives on ad hoc basis - failure of local authority to make a decision within the time period - application for housing made in January 2019 - no decision made by May 2019 - claim by local authority that earlier, 2017, application was still under assessment - awaiting clarification on government guidance - whether applicants entitled to a decision in relation to the application - validity of earlier decision of January 2018 - obligation on housing authority to make decision within 12 weeks.
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