Hotel Ban: High Court Blocks Asylum Housing in Epping

The High Court issued an injunction against housing asylum seekers at the Bell Hotel, siding with local councillors over planning law.

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Protesters outside The Bell Hotel

HENRY NICHOLLS / AFP

The High Court issued an injunction against housing asylum seekers at the Bell Hotel, siding with local councillors over planning law.

A High Court judge has issued a temporary injunction preventing asylum seekers from being housed at the Bell Hotel in Epping, Essex, from Tuesday, August 19, unless a further legal ruling allows it.

At the same hearing, the Court refused to allow the Home Office to intervene. The government had sought to defend the practice of placing undocumented young men in hotels at taxpayers’ expense, but its barristers were told their involvement was not required.

Local politicians, under pressure from their protesting constituents, have argued that when the hotel switched from hosting regular guests to asylum seekers, this was a “change of use” that had taken place without the necessary consent. 

While there’s a lot wrong with UK ‘planning permission’ laws as a barrier to development, on this occasion, Epping Forest council seems within its rights to claim that the Bell Hotel is not being used as intended. The government countered that the case was about more than planning law, describing it as a broader policy issue.

Both arguments carry weight. The council is technically correct that the Bell Hotel has changed its function without approval, but the government also has an interest in defending its national asylum policy. The council is using planning law to shut the hotel and avoid confronting criminal cases linked to some residents, while ministers want to prevent local authorities from blocking their hotel scheme. Government lawyers warned that letting councils shut such sites would have “significant wider impacts” on asylum management.

Bell owner Somani Hotels Limited opposes the injunction bid from the council and would welcome further departmental intervention by the Home Office. But this was rejected by Mr Justice Eyre, who said

It is my assessment that the joinder of the (Home Secretary) is not necessary so the court can determine all matters in dispute in proceedings … Nor is there an issue [in] which it is desirable to have the (Home Secretary) so the court can resolve it.

It remains unclear whether or to where the current occupants of the Bell Hotel will relocate following the ruling. Commenting, Reform UK leader Nigel Farage said

This is a victory for the parents and concerned residents of Epping. They do not want their young women being assaulted on the streets. This community stood up bravely, despite being slandered as far right, and have won. They represent the vast majority of decent people in this country. Young, undocumented males who break into the UK illegally should NOT be free to walk the streets anywhere. They must be detained and deported. I hope that Epping provides inspiration to others across the country.

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