He supreme court has handed down a sentence in which it reiterates that the courts must verify the measures adopted by the administration to protect minors and vulnerable people before giving the green light to eviction of an irregularly occupied dwelling.
It has done so in a resolution in which it agrees with a family that occupied a home owned by the Community Social Housing Agency in the Madrid neighborhood of San Blas and that the Superior Court of Justice of Madrid authorized the eviction.
In the first moment, the eviction petition formulated by the Community of Madrid It was denied in September 2019 by a contentious court due to the lack of measures adopted to protect the two minor children, one of them in school, although the Community appealed and the TSJ agreed.
Now the Contentious Chamber of the Supreme Court annuls this last sentence by estimating the family’s appeal, which receives the minimum insertion income and is under the intervention of social services.
It has done so based on a “reiterated criterion”, which establishes that the court that must authorize the entry “must verify” before giving the green light to it “adequacy and proportionality” of protection measures for vulnerable people taken by the administration.