A scheme for awarding intimidation points to social housing tenants in Northern Ireland has unlawfully created a “hierarchy of victims”, the High Court has heard.
Counsel for the NI Human Rights Commission claimed the priority rehoming system is legally flawed and discriminates against some categories of vulnerable residents.
The Commission has brought a judicial review challenge against the Housing Executive and the Department for Communities at Stormont over its operation.
Under the Housing Selection Scheme, social housing accommodation is allocated based on points awarded to applicants and their position on waiting lists.
Part of the scheme involves intimidation points awarded if a tenant’s property is destroyed, or they are assessed as being at serious and imminent threat of being killed or seriously injured.
The threat must be related to a terrorist, sectarian or racial attack, or else motivated by hostility based on an individual’s disability or sexual orientation.
But the Commission claims that criteria used in the Housing Executive-run scheme wrongly denies intimidation points to victims of domestic and gender-based violence, along with others deeply impacted by anti-social behaviour.
Barrister Yasser Vanderman argued that the system breaches Articles 2 and 3 of the European Convention on Human Rights by excluding those whose lives are under threat.
“This affects a huge number of people facing a number of dangers,” he submitted.
The court heard that under the rules of the scheme some subjected to paramilitary intimidation can be allocated more points to secure a quicker rehoming.
As part of the challenge a woman said to have suffered domestic abuse lodged an affidavit to support allegations that other social housing tenants are unlawfully awarded less points and remain living in fear.
“In practice, they will not get permanent accommodation for years,” Mr Vanderman predicted.
Proceedings were also brought against the Department as the government body responsible for housing in Northern Ireland.
The challenge was resisted amid claims that it had been brought prematurely, with the Stormont Executive set to prioritise new policy proposals.
Counsel insisted, however, that the case should not be put on hold.
He contended: “The Commission’s concern is that there is a hierarchy of victims… in the award of intimidation points.”
The hearing continues.