Disabled Fermoy woman loses housing court case

A YOUNG Fermoy woman with severe physical and mental disabilities has lost her High Court case against Cork County Council for more appropriate accommodation.

Elizabeth Mulhare and her mother Barbara, who Elizabeth is completely dependent on, brought the case as, they claimed, they were living in a damp council house which was unsuitable for her caring needs.

Their case was rejected by Justice Marie Baker, who said it would be an “impermissible breach” of separation of power for the judiciary to order Cork County Council to change their housing policy.

The Council have stated that their highest priorities in regard to housing are those living in dangerous conditions and the homeless.

Currently, those with disabilities are the sixth highest priority in terms of providing housing and there is no statutory basis entitling the Mulhare’s to be granted a particular house in a particular area.

Justice Baker stated that although the council could change their own policy due to “specified exceptional circumstances”, the court had no power to interfere.

Elizabeth, aged 28, has cerebral palsy and has lived in Fermoy with her mother since 2011.

An occupational therapist has stated that their current home is unsuitable to Elizabeth’s needs as it is unsuitable for a wheelchair and the mould and dampness might have continued averse effects on her health.

The council offered to carry out renovations on the house to meet wheelchair standards and get rid of mould and dampness. However, the Mulhares rejected this proposal as they hoped to be housed closer to Cork City, where Elizabeth’s clinic is.

She feared that if she accepted the offer she would not be able to acquire more suitable housing in the future.

Currently, Elizabeth must travel 43km to visit her clinic.

The court’s conclusion was that the Mulhares should not receive greater priority on the council’s 7,480 applicants, 557 of whom were disabled.