Two Labour-run councils have said they are considering taking legal action to stop the use of hotels to house migrants in their areas after Epping council won a temporary injunction on Tuesday.
The leaders of Wirral and Tamworth councils both say they are considering their legal options in the wake of the Epping case, citing similar concerns about the impact of the hotels on their local communities.
Epping Forest District Council won an interim High Court injunction to stop migrants from being accommodated at The Bell Hotel, after arguing its owners did not have planning permission to use it to house migrants.
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In a statement, Paula Basnett, the Labour leader of Wirral council, said: “Like many other local authorities, we have concerns about the Home Office’s practice of placing asylum seekers in hotels without consultation or regard to local planning requirements.
“We are actively considering all options available to us to ensure that any use of hotels or other premises in Wirral is lawful and does not ride roughshod over planning regulations or the wishes of our communities.
“Wirral has always been proud of its record in supporting families and those fleeing conflict, but it is unacceptable for the government to impose unsuitable, short-term arrangements that disrupt communities and bypass local decision-making.
“If necessary, we will not hesitate to challenge such decisions in order to protect both residents and those seeking refuge.”
Carol Dean, the Labour leader of Tamworth Borough Council, said she understands the “strong feelings” of residents about the use of a local hotel to house asylum seekers, and that the council is “listening to their concerns and taking them seriously”.
She pointed out that under the national Labour government, the use of hotels has halved from 402 to 210, with the aim of stopping the use of any hotels by the end of this parliament.
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But she continued: “Following the temporary High Court injunction granted to Epping Forest District Council, we are closely monitoring developments and reviewing our legal position in light of this significant ruling.”
Cllr Dean added that they had previously explored their legal options to challenge the use of the hotel but decided against them, as temporary injunctions were not being upheld.
However, the Epping ruling “represents a potentially important legal precedent”, which is why they are “carefully assessing” its significance for Tamworth.
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“We fully recognise the UK government has a statutory duty to accommodate people seeking asylum. However, we have consistently maintained that the prolonged use of hotel accommodation may not represent the best approach – either for our local community or for the asylum seekers themselves,” she said.
“We will continue to work constructively with government departments and all relevant agencies while making sure the voice of our community is heard at the highest levels of government.”
Last night, Conservative-run Broxbourne Council also announced it was exploring its legal options, and the Reform UK leader of Kent County said she was writing to fellow leaders in Kent to explore whether they could potentially take legal action as well.
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Use of Epping hotel ‘sidestepped public scrutiny’
The prime minister and the home secretary are under huge pressure to clear the asylum backlog and stop using hotels across the country to house those waiting for their applications to be processed.
Protests have sprung up at migrant hotels across the country. But The Bell Hotel in Epping became a focal point in recent weeks after an asylum seeker housed there was charged with sexually assaulting a 14-year-old girl.
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Epping Forest District Council sought an interim High Court injunction to stop migrants from being accommodated at the hotel, owned by Somani Hotels Limited, on the basis that using it for that purpose contravened local planning regulations.
The interim injunction demanded that the hotel be cleared of its occupants within 14 days, but in his ruling on Tuesday, Mr Justice Eyre granted the temporary block, while extending the time limit by which it must stop housing asylum seekers to 12 September.
Somani Hotels said it intended to appeal the decision, its barrister, Piers Riley-Smith, arguing it would set a precedent that could affect “the wider strategy” of housing asylum seekers in hotels.
A government attempt to delay the application was rejected by the High Court judge earlier on Tuesday, Home Office barristers arguing the case had a “substantial impact” on the Home Secretary, Yvette Cooper, in performing her legal duties to asylum seekers.
But Mr Justice Eyre dismissed the Home Office’s bid, stating that the department’s involvement was “not necessary”.
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The judge said the hotel’s owners “sidestepped the public scrutiny and explanation which would otherwise have taken place if an application for planning permission or for a certificate of lawful use had been made”.
He added: “It was also deliberately taking the chance that its understanding of the legal position was incorrect. This is a factor of particular weight in the circumstances of this case.”
Reacting to Tuesday’s judgment, border security minister Dame Angela Eagle said the government will “continue working with local authorities and communities to address legitimate concerns”.
She added: “Our work continues to close all asylum hotels by the end of this parliament.”
