Asylum seekers will continue to reside at the Bell Hotel in Epping, Essex, following a ruling by the High Court today. The local council had initiated legal proceedings against the hotel’s owner, Somani Hotels, alleging a breach of planning permissions. However, Somani Hotels contended that housing asylum seekers does not constitute a ‘material change of use’.

The case has drawn significant attention, reflecting the ongoing and divisive debate surrounding immigration in the UK. Justice Mould dismissed the council's claim, stating it was ‘not an appropriate means of enforcing planning control’.

The Bell Hotel has been at the centre of intense protests, some of which turned violent, after an asylum seeker was charged with sexually assaulting a teenage girl. Hadush Gerberslasie Kebatu, an Ethiopian national, was sentenced to a year in prison in September but was mistakenly released before being re-incarcerated.

In response to the protests, which saw clashes between far-right groups and police, the council sought a temporary injunction to prevent 138 asylum seekers from being housed at the hotel beyond September. However, the Court of Appeal overturned this injunction in August, deeming it ‘seriously flawed in principle’ and confirming that hotel operators do not require planning permission for such accommodations.

While the council aims for a permanent injunction, the appeal court noted that enforcing this would necessitate relocating the asylum seekers. The government is obligated to provide housing for asylum applicants who would otherwise be homeless, many of whom are barred from working. Currently, around 200 hotels, previously used only in emergencies, now accommodate approximately 32,000 asylum seekers while their claims are processed.

The Bell Hotel has housed asylum seekers intermittently since May 2020, with no action taken by the council during previous stays. Other councils are now contemplating measures to prevent hotel owners from accommodating asylum seekers, particularly those led by Reform UK councillors.

Enver Solomon, chief executive of the Refugee Council, commented on the ruling, stating that while the government has succeeded today, the threat of hotel closures remains. He remarked, ‘Plans to warehouse people in military barracks or other large sites are not a viable or humane solution. They are unsuitable, isolating, and the government’s own spending watchdog has found them to be more expensive than hotels.’ Solomon further emphasised that hotels are not a sustainable long-term solution for housing asylum seekers, highlighting the potential for community division and the financial burden on taxpayers. He noted that many individuals fleeing violence and persecution from countries like Sudan and Afghanistan are left in limbo, unable to work or secure consistent education for their children.