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Epping council wins bid to stop Bell Hotel housing asylum seekers | Epping council wins bid to stop Bell Hotel housing asylum seekers |
(32 minutes later) | |
The Bell Hotel has been at the centre of intense protests, and counter-protests over the summer | The Bell Hotel has been at the centre of intense protests, and counter-protests over the summer |
Asylum seekers are due to be removed from an Essex hotel after a council was granted a temporary High Court injunction blocking them from being housed there. | Asylum seekers are due to be removed from an Essex hotel after a council was granted a temporary High Court injunction blocking them from being housed there. |
The injunction was sought by Epping Forest District Council to stop migrants being placed at The Bell Hotel in Epping, which is owned by Somani Hotels Limited. | The injunction was sought by Epping Forest District Council to stop migrants being placed at The Bell Hotel in Epping, which is owned by Somani Hotels Limited. |
Thousands of people have protested near the hotel in recent weeks after an asylum seeker living there was charged with sexually assaulting a 14-year-old girl in the town. | Thousands of people have protested near the hotel in recent weeks after an asylum seeker living there was charged with sexually assaulting a 14-year-old girl in the town. |
Mr Justice Eyre made his judgement after refusing an 11th-hour effort from Home Secretary Yvette Cooper to get the council's case dismissed. | Mr Justice Eyre made his judgement after refusing an 11th-hour effort from Home Secretary Yvette Cooper to get the council's case dismissed. |
All asylum seekers must be moved out of the hotel by 16:00 BST on 12 September, the judge ruled. | All asylum seekers must be moved out of the hotel by 16:00 BST on 12 September, the judge ruled. |
The Home Office had warned the decision would "substantially impact" its ability to house asylum seekers in hotels across the UK. | The Home Office had warned the decision would "substantially impact" its ability to house asylum seekers in hotels across the UK. |
Footage from 17 July showed projectiles being thrown towards police officers | |
Protests staged outside The Bell Hotel have been attended by both people against its use for asylum seekers and those in support of migrant rights. | Protests staged outside The Bell Hotel have been attended by both people against its use for asylum seekers and those in support of migrant rights. |
But Conservative council leader Chris Whitbread said the repeated demonstrations were escalating tensions in the area and risked causing "irreparable harm". | But Conservative council leader Chris Whitbread said the repeated demonstrations were escalating tensions in the area and risked causing "irreparable harm". |
Reacting to the court ruling, he added: "The last few weeks have placed an intolerable strain on our community but today we have some great news. | Reacting to the court ruling, he added: "The last few weeks have placed an intolerable strain on our community but today we have some great news. |
"We have seen the protests that started off quite violently become peaceful protests, run by the people of Epping Forest. | "We have seen the protests that started off quite violently become peaceful protests, run by the people of Epping Forest. |
"What I call upon the residents tonight is if they decide to go outside The Bell Hotel, don't protest, don't over-celebrate. This is the beginning. It is not the end." | "What I call upon the residents tonight is if they decide to go outside The Bell Hotel, don't protest, don't over-celebrate. This is the beginning. It is not the end." |
Chris Whitbread said the court victory showed "the government cannot ignore planning rules, just like no-one else can ignore planning rules" | |
Sixteen people have been charged with offences relating to disturbances during several protests, which Essex Police said became violent on occasion. | Sixteen people have been charged with offences relating to disturbances during several protests, which Essex Police said became violent on occasion. |
Representing the council, Philip Coppel KC agreed some protests "have unfortunately been attended by violence and disorder". | Representing the council, Philip Coppel KC agreed some protests "have unfortunately been attended by violence and disorder". |
He said Somani Hotels "did not advise or notify the local planning authority" to seek its views on the use of the site which he argued was not a hotel in the usual sense any more. | He said Somani Hotels "did not advise or notify the local planning authority" to seek its views on the use of the site which he argued was not a hotel in the usual sense any more. |
He told the court it was "no more a hotel than a borstal [was] to a young offender". | He told the court it was "no more a hotel than a borstal [was] to a young offender". |
Lawyers for the hotel and home secretary confirmed in court they wished to appeal against the injunction before a full hearing was listed in the autumn. | Lawyers for the hotel and home secretary confirmed in court they wished to appeal against the injunction before a full hearing was listed in the autumn. |
It followed a failed last-minute attempt by the Home Office to get the case dismissed. | It followed a failed last-minute attempt by the Home Office to get the case dismissed. |
Edward Brown KC, for the government, said any injunction could lead to other councils making similar applications. | Edward Brown KC, for the government, said any injunction could lead to other councils making similar applications. |
"That would aggravate the pressures on the asylum estate," he added. | "That would aggravate the pressures on the asylum estate," he added. |
'Sidestepped scrutiny' | 'Sidestepped scrutiny' |
In his judgement Mr Justice Eyre said: "Although the defendant's [Somani Hotels Limited] actions were not flagrant or surreptitious they were deliberate. | In his judgement Mr Justice Eyre said: "Although the defendant's [Somani Hotels Limited] actions were not flagrant or surreptitious they were deliberate. |
"The defendant acted in good faith but chose to take its stand on the position that there was no material change of use. | "The defendant acted in good faith but chose to take its stand on the position that there was no material change of use. |
"The defendant did so in the knowledge the claimant, as local planning authority, took a different view and believed that permission was necessary. | "The defendant did so in the knowledge the claimant, as local planning authority, took a different view and believed that permission was necessary. |
"It thereby 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." | "It thereby 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." |
Imram Hussain, from the Refugee Council, said: "We think asylum seekers should not be in hotels - there are cheaper, better ways of supporting people and we think the government should end the use of hotels as fast as it can." | |
He said such migrants should be in "dispersal accommodation around the country", as it was more cost-effective and it wanted the government to "work with local authorities to go back to that kind of system and not use hotels". | |
Epping Forest District Council applied for the injunction on 12 August | |
Reform UK leader Nigel Farage described the ruling as a "victory for parents and concerned residents of Epping". | Reform UK leader Nigel Farage described the ruling as a "victory for parents and concerned residents of Epping". |
"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," he added. | "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," he added. |
Angela Eagle, Border Security Minister, said: "This government inherited a broken asylum system; at the peak there were over 400 hotels open. | |
"We will continue working with local authorities and communities to address legitimate concerns. Our work continues to close all asylum hotels by the end of this Parliament. | |
"We will carefully consider this judgment." | |
Protests began outside The Bell after 41-year-old Hadush Kebatu, from Ethiopia, was charged with sexual assault, harassment and inciting a girl to engage in sexual activity. | |
He denied the offences and remained in custody ahead of a two-day trial, due to begin next Tuesday. | He denied the offences and remained in custody ahead of a two-day trial, due to begin next Tuesday. |