The Court of Appeal has ruled that the Bell Hotel in Epping must remain open to migrants, even though the site is in apparent breach of planning law, in what is being seen as a major victory for the Labour Government but a bitter blow for local campaigners.
Three of Britain’s most senior judges, Lord Justice Bean, Lady Justice Nicola Davies and Lord Justice Cobb, delivered the damning verdict at the Royal Courts of Justice in London, tearing apart an earlier decision that had ordered the closure of the hotel.
They found that Mr Justice Eyre, who had granted a temporary injunction to shut the site, made “a number of errors” in his ruling.
Lord Justice Bean warned that closing the Bell would simply push the problem elsewhere:
“The judge’s approach ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system.”
He also said such court orders risked encouraging other councils to launch similar challenges, with “cumulative” consequences that had been overlooked.
The case has ignited fierce controversy in Epping. Earlier this month, council leaders secured a temporary injunction to force the hotel to close after it became a lightning rod for anti-immigration protests. Under that ruling, all asylum seekers would have been forced out by September 12.
But the Home Office, backed by the hotel’s owners Somani Hotels Ltd, immediately appealed, warning the closure could blow a hole in Britain’s asylum system. Ministers fear that if councils across the country copy Epping’s example, it could lead to the mass eviction of more than 30,000 asylum seekers currently housed in hotels.
Government lawyers argued that the rights of migrants must come first, with officials insisting Home Secretary Yvette Cooper is legally bound by the European Convention on Human Rights (ECHR) to ensure no one is left destitute.
The Bell Hotel has been at the centre of growing anger locally, particularly after an asylum seeker staying there was accused of sexually assaulting a 14-year-old schoolgirl, an incident which fuelled protests outside the building.
The ruling means the hotel will continue to house migrants for the foreseeable future, a decision certain to deepen tensions between Whitehall and communities who say they have been ignored.
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