Should Tory Councils Take a Stand Against Asylum Hotels?

Conservative leader Kemi Badenoch is urging Tory-controlled councils to explore legal challenges against the use of hotels for housing asylum seekers. Her appeal follows a High Court ruling in favour of Epping Forest District Council, which blocked asylum seekers from being accommodated in a local hotel. This article delves into the implications of Badenoch's letter, the historical context of hotel use for asylum seekers, and the ongoing political discourse surrounding the issue.

Last updated: 12 October 2023 (BST)

Key Takeaways

• Kemi Badenoch encourages Tory councils to challenge hotel use for asylum seekers.
• Epping Forest District Council won a High Court ruling against the use of The Bell Hotel for asylum accommodation.
• The number of asylum-seeking hotels peaked during the Covid-19 pandemic.
• Labour criticises the Conservative government's past handling of asylum accommodation.
• Potential legal challenges may increase pressure on the government to find alternative housing options.

The Background of Asylum Seekers in Hotels

Historically, hotels have been used to house asylum seekers only in emergency situations when other accommodation is unavailable. However, this practice surged during the Covid-19 pandemic, with the number of asylum seekers in hotels peaking at 56,042 in 2023 while the Conservatives were in power. The government has since seen a decrease, with around 32,345 asylum seekers in hotels as of March 2023, reflecting a 15% decline since December 2022, according to Home Office figures.

Legal Precedents and the Epping Forest Case

On Monday, the High Court granted a temporary injunction to Epping Forest District Council, mandating the removal of approximately 140 asylum seekers from The Bell Hotel by 12 September. The council argued that housing asylum seekers in the hotel posed safety risks and breached planning laws by ceasing to operate as a standard hotel. This ruling was notable as previous legal attempts by other councils to close asylum hotels had been unsuccessful, with judges often refusing to intervene.

The judge's decision in favour of Epping Forest District Council was based on the assertion that there were "evidenced harms" linked to protests around the hotel, which had resulted in violence and arrests. Other councils must provide similar evidence of local harm to follow suit; thus, Badenoch's encouragement for further legal challenges could lead to a significant shift in how asylum seekers are accommodated across the country.

Responses from Political Leaders

Badenoch's letter to Conservative council leaders stated, "we back you to take similar action to protect your community... if your legal advice supports it." This call to action has been met with mixed responses from other political leaders. A spokesperson for Labour described Badenoch's approach as "desperate and hypocritical nonsense from the architects of the broken asylum system", highlighting the Tory government's history of increasing the number of asylum hotels during their tenure.

The Labour spokesperson pointed out that the number of asylum hotels had soared to 400 under the Conservatives but has since declined. The Labour government has pledged to eliminate the use of migrant hotels by 2029 through measures aimed at reducing small-boat crossings and expediting asylum claims.

Potential Legal Challenges and Their Implications

In the wake of the Epping Forest ruling, councils across England are contemplating similar legal strategies. The Conservative leader of Broxbourne Council, Corina Gander, indicated her intention to pursue legal action against an asylum hotel in her area, while leaders from other councils, including those controlled by Labour, are also evaluating their options.

Reform UK leader Nigel Farage announced that all 12 councils governed by his party would seek to replicate Epping's legal victory. Meanwhile, the leader of Labour-controlled Tamworth Council noted that although her authority had previously opted against legal action, it was now reassessing the implications of the Epping ruling, recognising its potential as a "legally significant precedent".

Government Response and Future Housing Options

As local councils consider their legal options, the government has been urged to explore alternative accommodation for asylum seekers being displaced from hotels. Shadow Home Secretary Chris Philp has called for solutions such as former military sites or barges rather than relocating asylum seekers to other hotels or shared accommodations.

Home Office Minister Dan Jarvis stated that the government is "looking at contingency options" for housing those being moved out of The Bell Hotel. However, he did not provide specific examples, suggesting that arrangements may vary across different regions. Reports from June indicated that the government was considering acquiring tower blocks and former student accommodation to house migrants.

The Wider Context of Asylum Policy in the UK

The ongoing debate around the use of hotels for asylum seekers comes at a time when the UK government faces increasing pressure to reform its asylum system. The Conservative government has been accused of mismanaging the situation, leading to a surge in hotel accommodations that do not align with long-term housing policies.

The Labour government, now in power, is committed to addressing the issues that have plagued the asylum system. Their strategy involves reducing the number of small-boat crossings and expediting asylum claim decisions, with the aim of eradicating the use of hotels for asylum seekers by 2029.

Conclusion

The recent High Court ruling in favour of Epping Forest District Council marks a significant development in the ongoing debate over asylum accommodation in the UK. As other councils consider taking similar legal action, the implications for government housing policies are profound. The unfolding situation raises critical questions about how the UK will manage its asylum system moving forward, particularly in light of the political and legal challenges that lie ahead.

How the government responds to these challenges will ultimately shape the future landscape of asylum accommodation in the UK. Will we see a shift towards more sustainable, community-sensitive approaches, or will the legal battles continue to dominate the narrative? #AsylumSeekers #LegalChallenges #UKPolitics

FAQs

What prompted Kemi Badenoch to encourage legal challenges against asylum hotels?

Kemi Badenoch's encouragement follows a High Court ruling that blocked the use of The Bell Hotel in Epping Forest for housing asylum seekers, which she viewed as a victory for local communities.

How many asylum seekers are currently housed in hotels in the UK?

As of March 2023, there were approximately 32,345 asylum seekers in hotels, reflecting a 15% decrease from late 2022.

What is the government's plan regarding asylum hotels?

The Labour government has pledged to end the use of hotels for asylum seekers by 2029 by reducing small-boat crossings and expediting asylum claim decisions.

What legal options are available for councils regarding asylum hotels?

Councils can challenge the use of hotels for asylum seekers by demonstrating local harms associated with such accommodations, as seen in the Epping Forest case.

What alternative housing options are being considered for asylum seekers?

Possible alternatives include former military sites, barges, and potentially acquiring tower blocks or former student accommodations as solutions for housing asylum seekers.