Three severely disabled young Travellers, who suffer from a degenerative disease of the nervous system, are living with their parents, four other siblings and a grand-daughter in "inhuman, dangerous and overcrowded" conditions in a specially adapted mobile home on a temporary halting site in Clondalkin, Dublin, the High Court was told yesterday.
The three plaintiffs have, through their mother Bridget O'Donnell, brought an action against South Dublin County Council aimed at securing a second specially adapted caravan or mobile home on the site.
The case opened yesterday before Ms Justice Mary Laffoy and continues today.
Bernard O'Donnell (20) is confined to a wheelchair. Bernard, his sister Mary (17) and brother Patrick (13) suffer from Hurler's syndrome, a condition caused by the body's inability to produce specific enzymes.
It leads to visual and hearing disabilities, dwarfism and claw hands. As the condition progresses, the organs become enlarged and skeletal deformities cause mobility problems.
The family, which has lived at Lynch's Lane temporary halting site since 1995, claim the council has failed to address their deteriorating circumstances.
Previous proceedings brought on behalf of Bernard O'Donnell were settled on terms including the provision in 2002 of a specially adapted mobile home.
All of the family now live in this mobile home, with Bernard and Patrick sharing one room, their five siblings and another female relative sharing another room, and their parents sleeping on the livingroom floor.
In the present action, it is alleged that with 10 people living in the mobile home, three of whom have serious disabilities, there is serious overcrowding and insufficient space in Bernard's bedroom for a mobile shower chair or for his wheelchair. It is also alleged that outside shower and toilet facilities are inadequate.
It is claimed the mobile home was designed to meet Bernard's needs, but that Mary and Patrick also have special needs which require appropriate accommodation. It is claimed the failure to provide such accommodation breaches their rights under the Housing Acts, the Equal Status Act and the European Convention on Human Rights Act.
Ms O'Donnell said in an affidavit that a council official had repeatedly said the family should get a house and surrender their Traveller lifestyle. They had never lived in a house among the settled community and she did not believe they would be able to.
There was medical evidence to suggest those suffering from Hurler's syndrome may not live beyond their teens and she did not want her children to spend what could be the last years of their lives in overcrowded, cramped and dangerous conditions.
The council denies it has failed to address the family's housing needs, contends it has provided one specially adapted mobile home on a serviced site for the family and pleads that additional provision will be made for them when a permanent housing site at Lynch's Lane halting site is completed in 18 months. This will include a day house and a serviced bay which could accommodate three mobile homes.
As only Bernard is wheelchair-bound, the family does not need a second specially adapted mobile home, it contends. It also pleads it does not have the resources to provide special-needs caravans to housing applicants in temporary accommodation awaiting permanent accommodation.
The council has also argued that the family had specified they wanted a bay in the new Lynch's Lane site currently being developed and had declined a specially adapted house there. It added that its Traveller accommodation programme had been delayed by opposition to proposed locations for caravan parks.
It claims there is a vacant mobile home beside the family's mobile home which they could use. The O'Donnells claim it is owned by another son and his wife. The council also pleads the family could have, but did not, apply for a loan to assist in purchasing a second caravan and disputes the family's claim that they do not have the financial resources to buy such a caravan.
