Man with Down syndrome brings council to court over housing assessment

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High-Court News

Dun-Laoghaire-Rathdown-County-Council

Lawyers for David Johnstone say client deemed eligible for support in 2012 but DLR council failed to identify nature of what it deems appropriate

High Court heard David Johnstone can take care of most of his basic needs but needs assistance to live safely and independently. Photograph: Bryan O'BrienA man with Down syndrome who wants to live independently has brought a High Court challenge aimed at compelling Dún Laoghaire-Rathdown County Council to assess his suitability for social housing.

While he wants to live independently, he is not in a position to do so for financial reasons and has applied to the local authority for housing assistance. He claims that while he was deemed eligible for social housing support in 2012, the council has failed to identify the nature of the support it says is appropriate for him nor has it carried out an assessment of him that complies with the 2009 Housing Act.

In his action, Mr Johnstone, represented by Feichín McDonagh SC, instructed by solicitor Pól Ó Murchú, seeks an order compelling the council to complete his social housing assessment. He also seeks a declaration that by failing to conduct such an assessment the council has failed to comply with its duties under the 2009 Housing Act.

 

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