A family has been ordered by the High Court to leave a vacant council house they had moved into without permission.

John Paul Doyle and his wife Frances, who have six children, had refused to go to alternative private accommodation in a four-bedroom house sourced for them by Longford County Council, the court was told.

Mr Doyle claimed his family are being treated differently because they are Travellers, but the council rejected that claim.

On Thursday the council sought orders against the couple requiring them to leave a three-bedroom house at Casey Court, Kenagh, Co Longford, into which they moved some weeks ago and changed the locks.

Under housing guidelines the council could not offer the Doyles that property, it was stated. The council says it does not have a suitable local authority house available for the family who had refused emergency accommodation at a hostel.

It said the house in Kenagh is not suitable for their needs. And the Council, which has more than 1200 people on its housing list, wants to offer it to another family seeking local authority housing.

As well as sourcing an alternative property just outside Longford, the council said it had raised the ceiling of the rent allowance which meant the family would only have to pay €42 rent weekly. A council house would cost the family €90 per week, it said.

The court made the orders sought after being informed the couple were not accepting the alternative accommodation outside Longford. An eight-week stay applies on the order.

The couple said there was no way they would take the four-bedroom house offered. Mr Doyle said it was unsuitable as it has no back garden, is located close to a busy road and they also had concerns about fumes from a nearby garage.

The council, which arranged for a fence to put around the alternative accommodation, said they had “bent over backwards” and “can do no more” to help the Doyles.

‘Unfortunate’

Paul Gunning, for the council, said housing guidelines meant it could not offer the house in Kenagh to them and rejected claims by Mr Doyle the family were being treated differently because they are Travellers.

Mr Justice Paul Gilligan described the situation as “unfortunate”. He had no alternative but to apply the law and make an order compelling the family leave the house in Kenagh in which they accepted, in a letter to the court, they had no right to be.

Having listened to the Doyles’ concerns, the judge urged them to take some time to reconsider the council’s offer of alternative accommodation and adjourned the case for an hour.

When the case resumed the Doyles, who said they had nowhere to go, told the judge they had not changed their minds.

Mrs Doyle said the alternative house was not safe for her children, adding “a mother knows best”.

Mr Doyle said he was prepared to go to prison if it meant his family would be housed by the council.

The judge put a stay of eight weeks on his order and expressed hope some arrangement could be reached between the parties in relation to finding accommodation for the Doyles.

Indicating he may appeal the order, Mr Doyle said he appreciated the judge had a job to do and told him: “It’s not you, it’s this country.”

The Doyles have been on the housing list for some two years and would remain on the list even if they took up the offer of the alternative accommodation, the court heard.

The court previously heard, before the family moved into the house, they were living in private accommodation but had to leave after their landlord decided to retain the property for his own use.