Local authority’s refusal of emergency accommodation was not fundamentally unreasonable

Judicial review – substantive hearing - mother and child challenging the decision of the County Council to refuse them emergency accommodation – mother and child are homeless – child has sensory difficulties and behavioural and emotional issues – were living in Dublin – mother in an abusive relationship – protection order – returned home - refused emergency accommodation – mother’s efforts to receive emergency relief resulted in the involvement of the Gardaí - bed and breakfast emergency accommodation in a guesthouse – mother’s housing history required by the council – council required reports regarding the child – refused entry to council’s offices on expiry of emergency accommodation – informed that she would not receive further emergency accommodation - staged a sit-in – mother was arrested and charged – mother now homeless and has been residing in a tent outside the council’s offices -  has been on the Carlow “housing list” for approximately seven years – steps taken prior to initiation of proceedings – relevant statutory provisions – duty to give reasons - position taken by the council is in breach of their right to family life under Article 40.3 of the Constitution and their right to respect for family life under Article 8 of the European Convention of Human Rights - whether the council conflated the two statutory regimes concerning housing – Court did not accept that there was conflation - whether there is a basis for the court to quash the council’s decision to refuse emergency accommodation pursuant to the Act of 1988 - wording of both s. 2 and s. 10 of the Act of 1988 is not mandatory in nature – council has discretion - extent to which a Court could set aside, amend or substitute its own decision for that of the council as regards the provision of emergency accommodation - Court is limited to reviewing as to whether there was a rational basis for the decision - “housing assistance payment” available to her – decision not fundamentally at variance with reason and commonsense – sufficient reasons offered - mother not precluded from making a further application for emergency accommodation pursuant to the Act of 1988 should further circumstances arise – judicial review refused.