05/09/2003
Disabled pensioner wins mains water appeal
A disabled pensioner refused a mains water supply to his Londonderry home has won an appeal against the Water & Sewerage Service (NI).
Hugh O’Donnell who is 79 and lives alone was asked to pay £11,000 to have water piped to his home.
"I have always managed to get water from a spring well about half a mile from my home, but since I became ill and suffered a recent fall breaking my hip, I haven’t been able to. I now rely on friends and neighbours for water," the 79-year-old pensioner said.
Ken Murphy, Tribunal Officer with CAB, prepared Mr O'Donnell's case for appeal. He said: “I was of the firm belief that, Mr O’Donnell’s human rights had been undermined under, Article 1 of First Protocol and Articles 2, 8 and 14 of the European Convention on Human Rights.
"Generally these refer to, Mr O’Donnell’s right to life in that this would be under threat by the failure of the State to provide him with a satisfactory water supply to his home, also to the peaceful enjoyment of his home – without clean water he would be forced to move.
"Although the Commissioner found for, Mr O' Donnell, she did emphasize that this particular case did not set a precedent and should similar cases arise each one should be judged on its own circumstances and merit.
Jacqueline Gallagher, manager of Derry Citizens Advice Bureau, described the decision as "fantastic" given the government's plan to introduce water charges in the near future.
(MB)
Hugh O’Donnell who is 79 and lives alone was asked to pay £11,000 to have water piped to his home.
"I have always managed to get water from a spring well about half a mile from my home, but since I became ill and suffered a recent fall breaking my hip, I haven’t been able to. I now rely on friends and neighbours for water," the 79-year-old pensioner said.
Ken Murphy, Tribunal Officer with CAB, prepared Mr O'Donnell's case for appeal. He said: “I was of the firm belief that, Mr O’Donnell’s human rights had been undermined under, Article 1 of First Protocol and Articles 2, 8 and 14 of the European Convention on Human Rights.
"Generally these refer to, Mr O’Donnell’s right to life in that this would be under threat by the failure of the State to provide him with a satisfactory water supply to his home, also to the peaceful enjoyment of his home – without clean water he would be forced to move.
"Although the Commissioner found for, Mr O' Donnell, she did emphasize that this particular case did not set a precedent and should similar cases arise each one should be judged on its own circumstances and merit.
Jacqueline Gallagher, manager of Derry Citizens Advice Bureau, described the decision as "fantastic" given the government's plan to introduce water charges in the near future.
(MB)
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