Ministers are braced for a string of legal challenges following a High Court decision to grant a temporary injunction preventing asylum seekers being housed at the Bell Hotel in Epping
Protesters face off with police at Epping hotel allegedly housing asylum seekers
The Government faces a major headache as ministers brace for a wave of legal challenges over asylum hotels following a landmark ruling in Epping.
On Tuesday Epping Forest District Council won its demand for a temporary injunction stopping migrants from being housed at the Bell Hotel. The venue has been the scene of violent clashes in recent weeks after a man staying there was charged with assaulting a 14-year-old girl – which he denies.
It means every asylum seeker at The Bell has to be moved. And to make matters worse for the Home Office, other councils are expected to follow suit, with around 30,000 people being housed in hotels. Nigel Farage has said 12 local authorities where Reform are the largest party will be weighing up legal challenges. He faces accusations of stirring up tensions.
It has sparked fears of more sickening scenes outside asylum hotels, with Home Office lawyers arguing an injunction “runs the risk of acting as an impetus for further violent protests”.
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What did the court decide and why?
High Court judges granted an interim injuction following action by Epping Forest District Council. The local authority argued that proper planning procedures had not been followed.
Owner Somani Hotels did not notify the planning authority before agreeing to house asylum seekers. In his jusgement Mr Justice Eyre said the firm had “sidestepped the public scrutiny and explanation which would otherwise have taken place”.
The judge ruled that the hotel must be emptied by 4pm on September 12. He refused to grant the hotel firm a right to challenge his ruling – but the company could still go to the Court of Appeal.
There will be a further hearing, expected to last two days, to decide if the injunction is made permanent.
Why is this such a big problem for the Government?
The ruling opens the door for other councils to challenge asylum hotels in their areas. And as the Home Office pointed out, there is a risk that it could encourage further violent disorder outside hotels.
Although the Government has pledged to end the use of asylum hotels by the end of this Parliament, in the short term it still needs somewhere to send people. And Nigel Farage is looking to capitalise, saying Reform-led councils would do “everything in their power to follow Epping’s lead”.
Several councils have already indicated their intention to do so, with Tory-run Broxbourne Council in Hertfordshire saying it was taking legal advice “as a matter of urgency”.
What happens next?
Security Minister Dan Jarvis said he and his colleagues are looking at “contingency plans” to move the people currently at the hotel in Epping. He said the Government is looking over the judgement, and no decision has been made on whether there will be an appeal.
And he branded the Bell Hotel “a very specific case”, indicating that not all legal challenges will be successful. He told Times Radio: “This was a very specific case concerning a hotel which, since it opened to accommodate asylum seekers five years ago now, has been the subject to a lot of complaints and protests.
“Indeed, there’s been considerable amount of legal debate about its location and use. If you go back to November 2022 when it came into use for the second time as an asylum hotel – I think Robert Jenrick was the minister responsible for that, by the way – the local council at the time said it was planning a legal challenge over whether the local planning regulations had been followed correctly.
“There is quite a long-standing history of concern about this particular hotel, and there’s been consideration of previous legal challenges going all the way back.”
How many asylum hotels are there?
There are currently 210 asylum hotels in the UK. Under the Tories at its highest point there were more than 400.
It is costing an estimated £5.7million a day, down from over £9million when Rishi Sunak was Prime Minister. The Government has pledged to stop using the hotels, and committed to ending their use by the end of this Parliament.
But it does raise questions about where thousands of people are going to go. The Government has ramped up returns, with over 35,000 migrants sent to their homelands since Labour came to power, but more than 28,000 people have come by small boat alone since the start of the year.
There are an estimated 30,000 people being accommodated in hotels at the moment.
Why are asylum seekers being put in hotels?
A series of botched Tory policies saw the asylum backlog balloon between 2020 and 2024. Despite Home Secretary Suella Braverman passing laws declaring that unauthorised arrives could not apply for asylum, small boat arrivals continued.
The lack of a return agreement with Europe following Brexit and the shambolic focus on the Tory Rwanda scheme, the number in limbo swelled. In April 2023 this reached an astonishing 175,000 people.
In desperation the Conservatives began block booking hotels as it lost control of the asylum system.
Is there a risk of more protests?
There is very real concern in the corridors of power that the judgement could lead to more disorder.
In recent weeks there has been violence outside the Bell Hotel, and asylum hotels have been a flashpoint in the last few years. The Home Office warned the High Court that an injunction there could encourage more protests outside other hotels.
Mr Farage is accused of stirring up tensions after writing: “Now the good people of Epping must inspire similar protests around Britain. Wherever people are concerned about the threat posed by young undocumented males living in local hotels and who are free to walk their streets, they should follow the example of the town in Essex.
“Let’s hold peaceful protests outside the migrant hotels, and put pressure on local councils to go to court to try and get the illegal immigrants out; we now know that together we can win.”
A Home Office source told the i newspaper: “Farage is encouraging people to protest outside these hotels. The police have a legal responsibility to keep people safe and maintain public order. This will be at the expense of them going out fighting crime.”
Where will people be moved to?
Mr Jarvis was repeatedly asked in a series of broadcast interviews, but declined to say where people from the Bell would be moved to. The Government is looking at a range of options to move thousands of people by 2029.
Enver Solomon, chief executive of the Refugee Council, said: “Everyone agrees that hotels are the wrong answer – they cost the taxpayer billions, trap people in limbo and are flashpoints in communities.
“Through our frontline work, we see how protests and hostility leave people who have fled war and persecution feeling terrified and targeted in the very places they are forced to live. This makes an already traumatising situation worse and prevents people from feeling safe.
“Instead of using costly hotels, the Government should partner with local councils to provide safe, cost-effective accommodation within communities. But ultimately, the only way to end hotel use for good is to resolve asylum applications quickly and accurately so people can either rebuild their lives here or return home with dignity. This will cut costs and allow refugees to integrate into their new communities, contribute, and play their part in Britain.”
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