High Court quashes local authority decision not to transfer MLRC’s client to other local authority accommodation based on “exceptional social grounds”
On 4 December 2013, the High Court gave judgment in Zatreanu & Ors v Dublin City Council. In this case, MLRC, on behalf of its client, Mr Zatreanu, had sought judicial review of Dublin City Council’s decision not to grant MLRC’s client application to transfer to other local authority accommodation based on “exceptional social grounds”. The case raised important questions regarding the local authority’s obligations in deciding on our client’s application to transfer to other local authority accommodation on “exceptional social grounds”.
MLRC’s client had applied to Dublin City Council for a transfer due to severe harassment suffered by MLRC’s client and his family. Dublin City Council had refused the transfer on the basis that the issues of harassment were matters for the Gardaí.
The High Court, Hedigan J, found in favour of MLRC’s client quashing the decision of Dublin City Council to refuse his transfer application and returning it for a new decision by the Council.
The case is important in that it clarifies that in deciding on an application to transfer on exceptional social grounds the local authority must have regard to an applicant’s complaints of harassment.
MLRC would like to thank Siobhan Phelan BL and Feichín McDonagh SC who, pro bono, successfully represented our client.
A summary of this case and a copy of the judgment will be available on our website shortly.
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