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15/12/2003
Housing Executive criticised following eviction case
The Court of Appeal in Northern Ireland has ruled that the Housing Executive must look again at its decision to refuse to take eviction proceedings against a family who had embarked on a campaign of sectarian intimidation against their neighbours.
It follows a case between two families in the Limavady area of Co Londonderry.
The victims of the intimidation, the Donnelly family, had faced over 100 incidents of neighbourhood intimidation from their neighbours, the Gamble family.
The police had been informed on 64 occasions, and seven successful prosecutions taken against the Gamble family. However, the Housing Executive refused to take action to evict the Gamble family and instead offered to re-house the victim.
The Housing Executive gave a number of reasons for taking this approach, including concerns about the health and safety of its own staff.
However this decision was challenged by the Donnelly family with the assistance of the Law Centre and Housing Rights Service.
The Court of Appeal in its ruling held that the Housing Executive had not discharged its duty to take reasonable appropriate measures to secure the victim’s rights and this was a breach of Article 8 of the European Convention on Human Rights (right to respect for family life and home).
The Court of Appeal noted that the offer to move the Donnelly family, as the victims, left them feeling that the Housing Executive had abdicated its responsibility and retreated in the face of intimidation.
Maura McCallion, solicitor for the Law Centre, said the decision illustrated the value of the protection of the Human Rights Act and the European Convention.
"It is also a vindication for the Donnelly family and their bravery in standing up to sectarian intimidation and harassment. The ball is now in the Housing Executive’s court to meet its legal obligations. We are delighted with the outcome," she added.
(MB)
It follows a case between two families in the Limavady area of Co Londonderry.
The victims of the intimidation, the Donnelly family, had faced over 100 incidents of neighbourhood intimidation from their neighbours, the Gamble family.
The police had been informed on 64 occasions, and seven successful prosecutions taken against the Gamble family. However, the Housing Executive refused to take action to evict the Gamble family and instead offered to re-house the victim.
The Housing Executive gave a number of reasons for taking this approach, including concerns about the health and safety of its own staff.
However this decision was challenged by the Donnelly family with the assistance of the Law Centre and Housing Rights Service.
The Court of Appeal in its ruling held that the Housing Executive had not discharged its duty to take reasonable appropriate measures to secure the victim’s rights and this was a breach of Article 8 of the European Convention on Human Rights (right to respect for family life and home).
The Court of Appeal noted that the offer to move the Donnelly family, as the victims, left them feeling that the Housing Executive had abdicated its responsibility and retreated in the face of intimidation.
Maura McCallion, solicitor for the Law Centre, said the decision illustrated the value of the protection of the Human Rights Act and the European Convention.
"It is also a vindication for the Donnelly family and their bravery in standing up to sectarian intimidation and harassment. The ball is now in the Housing Executive’s court to meet its legal obligations. We are delighted with the outcome," she added.
(MB)
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