Homeless cancer sufferer granted leave to challenge Louth County Council over housing refusal

High Court

Donard McCabe

Reporter:

Donard McCabe

Homeless cancer sufferer granted leave to challenge Louth County Council over housing refusal

Homeless cancer sufferer granted leave to challenge Louth County Council over housing refusal

A homeless man who is suffering from inoperable cancer, has been granted leave from the High Court to challenge Louth County Council over their refusal to grant him emergency housing.

As reported in thejournal.ie today, Constantin Rostas, a homeless member of the Roma travelling community, is seriously ill with inoperable cancer and faces imminent discharge from hospital.

According to the report, the man was currently an inpatient in Beaumont Hospital, where he had attended for a biopsy but could be discharged at any point.

Sixty year old Mr Rostas has been living on rough on the streets of Drogheda since he lost accommodation he had been sharing with his brother.

He claims he had been told by Louth County Council that it would not provide him with assistance because he was not habitually resident in the State.

thejournal.ie says that Mr Rostas, who is a painter and decorator, came to Ireland in 2008 for work but had been unable to continue working because of illness which had struck him in 2016.

Mr Rostas solicitor had written to the Council, requesting emergency accommodation but had received no response.

He has been in Beaumont hospital since he was admitted there on August 7.

Mr Rostas said, according to the article, that he had been advised that Louth County Council may be relying upon a housing circular issued by the Department and this, too, he seeks to challenge in the High Court.

Judge McDermott granted Mr Rostas leave to apply for judicial review of Louth County Council's and the Minister for Housing's status as to their decision-making to date.

Mr Rostas will be seeking a number of declarations including  that the County Council is obliged to furnish him with reasons for refusing emergency housing support; that it owed him a special duty because of his exceptional medical issues ad that it erred in law in relying on Departmental administrative circulars rather than regulations.

He was also granted leave by Judge McDermott to seek an interlocutory injunction compelling Louth County Council to provide him with emergency assistance under the Housing Act and an order directing the council to reconsider its decision.

Mr Rostas will also be allowed seek declarations that he is a member of an ethnic group which is recognised as vulnerable and requiring special consideration and that, as a citizen of the EU, is entitled to equal treatment. 

The matter has been adjourned until next week.