Dolphin House & Park Community Website

Life threatening sewerage and damp ups the ante at Dolphin

5 Oct 2010

Dolphin House residents continue to live with life threatening sewerage and damp four months after they first held a human rights hearing to declare their right to adequate housing. In some cases, the situation has actually worsened.

Comparing results of a benchmark survey carried out in May and one carried out over the past two weeks, there was an increase in residents reporting damp (from 72% to 77%) and mould (64% to 66%) with an unacceptable proportion still reporting sewerage (or wastewater as it is officially known) in their baths, sinks and washing machines (88%).

An independent analysis of "wastewater" carried out by Tobin Engineering shows that it contains a level of faecal coliforms found only in raw sewerage which is 570 million times over the allowable limit for drinking water.

This confirms the residents' dire health concerns for themselves and their children and ups the ante in their case for reasonable and adequate housing conditions, according to Rory Hearne spokesperson of Rialto Rights in Action.

The residents' group says that the conditions not only breach international human rights law but also breach domestic legal standards for housing conditions under the Housing and Housing Regulations Acts. They will continue to monitor standards with a second report due in January 2011.

"The residents still live with the smell of the sewerage every day. When they put on their washing machines or go into the bathroom they get a repugnant smell, their baths and sinks take hours to drain, and black gunge is still coming back up into sinks and baths," Hearne said.

"While Dublin City Council has said that it is carrying out work to address the problems, the results of the follow up survey shows that this work has not provided any relief for tenants."

Despite initial assurances otherwise the response by Dublin City Council has been inadequate, they say. There has been no response from the main duty bearers, the Department of the Environment.

Hearne gave the example of one woman, identified as a pilot for addressing serious damp and mould, who was told by a DCC representative on inspection that it was just condensation and she was to wash the walls with Dettol. The DCC said it would be back in touch with her, but after three weeks she heard no more.

A previous independent test by NUI Maynooth on damp and mould in homes showed that it contained fungal contamination "far greater" than that ever recorded in domestic dwellings" and was "a significant threat to the health of the occupants." It goes on to say that prolonged exposure to the conditions could prove fatal for people with pre-existing lung disorders.

The residents presented their first monitoring report to a rights watchdog panel of Mary White TD, Minister for Equality, Integration and Human Rights; Dr. Maurice Manning, President of the Irish Human Rights Commission and Dr Fiona De Londres, University College Dublin School of Law.

Martin O'Sullivan, Housing Assistant Manager for Dublin City Council, was also at the hearing. There was no representative from the Department of the Environment despite requests.

The residents held a first Human Rights Hearing in May 2010 to highlight how conditions were breaching basic housing standards upheld by the UN Convention on Economic, Social and Cultural Rights. They set out indicators to "progressively realise" their housing rights through a gradual improvement in conditions over a year. The Dolphin residents are being supported by Community Action Network (CAN) with funding from the Joseph Rowntree Charitable Trust.

For more information contact:

Edel Hackett, Public Communications Centre, Tel: 087-2935207

Indicating Change

  • Falling Damp
    Benchmark May 2010 72%
    + 4 months goal September 2010 55%
    + 8 months goal January 2011 30%
    + 12 months May 2011 0%
    Actual Now 77% ↑
  • Breaking the Mould
    Benchmark May 2010 64%
    + 4 months goal September 2010 40%
    + 8 months goal January 2011 20%
    + 12 months May 2011 0%
    Actual Now 66% ↑
  • No U-Bends on Sewerage and Smells
    Benchmark May 2010 89%
    + 4 months goal September 2010 50%
    + 8 months goal January 2011 20%
    + 12 months May 2011 0%
    Actual Now 77% ↓

Voices for Rights

Residents ... on damp

"It's everywhere. All the rooms. The bedrooms more so. It's all around the beds. The walls are soaking wet. The walls are literally black. I have to wash them down with bleach and its back a couple of weeks later. The vents are all open anyway. There is nothing I'm doing wrong. I don't dry clothes in the bedrooms. It's in the walls. It's black and furry and disgusting to look at."

.... On sewerage

"The sewerage that came up through my hand basin in my bathroom, my sink -black, all the black stuff coming up. It came out on to my floors. Human faeces or whatever faeces was in
it .... The smell of it in my toilet coming up through my bath, my hand basin. Since then to be honest with you I've been at the doctor with stomach bugs and bacterial infections and it's costing me a fortune, out of my own pocket to go to the doctor and I guarantee you if you pull my sink out in my kitchen there is still human faeces behind it because the smell of crap and everything else that's in my flat is unbelievable."

"The bath - it (sewerage) gurgles, it comes up a couple of inches. I have to put my plug in every night and I have a big heavy candle I put over it. If the kids are in the bath, well as soon as we hear that gurgle, I have to drag them out of the bath because it will come up in on top of them and you don't know what's coming up."

Human Rights defenders

"From what I have seen and from what I have heard .... all suggest to me a Human Rights violation under the understanding of adequate shelter set out by the UN Committee on Economic. We in the Irish Human Rights Commission applaud today's initiative. We strongly support your right to participate in decisions about how these issues are dealt with."
- Dr Maurice Manning President of the Human Rights Commission

"Indicators must also be specific, be measurable, be achievable, be relevant and be time limited. All of these criteria are satisfied by the indicators adopted here today. In terms of their reasonableness, my only comment is that in any civilised and developed society, a State should be meeting housing rights minimum core obligations in this area in 12 days and not 12 months."
- Dr. Padraic McKenna, NUI Galway

Full Report on Eight Indicators for Change

  • - Indicator 1 - Percentage of residents reporting dampness
    Benchmark as of May 2010 72%
    Target Result at First Monitoring September 2010 55%
    Actual Result 77%
  • - Indicator 2 - % residents reporting mould
    Benchmark May 2010 64%
    Target Result at First Monitoring September 40%
    Actual Result 66%
  • - Indicator 3 - % residents reporting sewerage invasion/smells
    Benchmark May 2010 89%
    Target Result at First monitoring September 50%
    Actual Result 77%
  • - Indicator 4 - % residents concerned about health because of sewerage or damp
    Benchmark May 91%
    Target Result at First Monitoring September 50%
    Actual Result 90%
  • - Indicator 5 - %residents reporting dissatisfaction with response to sewerage and damp
    Benchmark May 2010 86%
    Target Result at First Monitoring September 50%
    Actual Result 81%
  • - Indicator 6 - % residents given no information/explanation as to why problems occur
    Benchmark May 2010 68%
    Target Result at First Monitoring September 30%
    Actual Result 60%
  • - Indicator 7 - % resident reporting no information given on how damp and sewerage to be addressed
    Benchmark May 2010 91%
    Target Result at First Monitoring September 50%
    Actual Result ?%
  • - Indicator 8 - % residents reporting that they are not included in decisions affecting them on dampness and sewerage
    Benchmark May 2010 91%
    Target Result at First Monitoring September 50%
    Actual Result 83%