Labour-run councils threaten High Court challenges following landmark ruling that forces removal of 140 asylum seekers from Essex hotel
Sir Keir Starmer is facing a Labour council revolt over migrant hotels after Conservative-run Epping won a landmark High Court ruling that could trigger a wave of legal challenges across Britain.
Two Labour councils, Wirral and Tamworth, have announced they are considering taking legal action against the Home Office’s use of hotels to house asylum seekers, following Tuesday’s temporary injunction that ordered the removal of migrants from the Bell Hotel in Epping, Essex.
The ruling, which gives the hotel until 12 September to cease housing asylum seekers, has sparked fears within government that councils across the country could launch similar challenges, potentially displacing thousands of migrants and undermining Labour’s asylum policy.
Labour Councils Break Ranks
In a strongly-worded statement, Cllr Paula Basnett, the Labour leader of Wirral council, said the authority would “not hesitate” to challenge the Home Office’s practices.
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,” she told The Telegraph.
“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.”
The Wirral council leader added: “If necessary, we will not hesitate to challenge such decisions in order to protect both residents and those seeking refuge.”
Tamworth Reviews Legal Position
Tamworth Borough Council, also Labour-controlled, has confirmed it is examining the Epping ruling after violent disorder at the Holiday Inn Express during last summer’s Southport riots left the community deeply divided.
Cllr Carol Dean, leader of Tamworth council, said: “I understand the strong feelings within our community regarding the use of the Holiday Inn to house those seeking asylum, and I want to reassure residents that we are listening to their concerns and taking them seriously.
She revealed the council had previously considered legal action when the Home Office began using the hotel in 2022 but decided against it because courts were not upholding temporary injunctions at the time.
“The situation at Epping Forest represents a potentially important legal precedent, and we are carefully assessing what this might mean for our circumstances here in Tamworth,” Dean added.
Epping’s Landmark Victory
The High Court ruling came after weeks of protests outside the Bell Hotel in Epping, which intensified after an asylum seeker staying there was charged with sexually assaulting a 14-year-old girl.
Mr Justice Eyre granted the temporary injunction after finding that the hotel’s owners had “sidestepped public scrutiny” by using the property to house asylum seekers without proper planning permission.
The judge ruled that the hotel’s use had changed from commercial accommodation to what effectively amounted to a hostel or processing centre, breaching planning regulations.
Conservative Councils Join Movement
The ruling has emboldened Conservative-controlled councils across the country to explore similar legal challenges.
Cllr Ian Edwards, leader of Hillingdon council, said: “Our head of legal will be reviewing the interim judgment to determine if a similar case can be brought in Hillingdon.
“We need to understand fully why the Epping case has succeeded, where others previously failed, before we can determine if those differentiating circumstances also apply in Hillingdon.”
Reigate and Banstead council confirmed it was “closely monitoring developments,” while Broxbourne Council in Hertfordshire said it was taking legal advice “as a matter of urgency.
Government’s Asylum Hotel Crisis
The developments represent a significant challenge to Labour’s asylum policy, with the government currently using around 210 hotels to house approximately 32,000 asylum seekers across the country.
Ms Dean acknowledged Labour’s progress, noting: “Nationally, Labour came to power just over a year ago. The use of hotels has halved from 402 at their peak to 210 now, with a national pledge to end the use of asylum hotels by the end of this Parliament.”
However, the Epping ruling threatens to accelerate closures through legal action rather than government policy, potentially leaving thousands of asylum seekers without accommodation.
Reform UK Seizes Opportunity
Reform UK leader Nigel Farage has seized on the ruling, declaring he hoped it would provide “inspiration to others across the country.” The party has confirmed all 12 councils where it holds the largest number of seats will explore legal challenges.
Former immigration minister Robert Jenrick urged “all patriotic councils to follow Epping’s lead and pursue injunctions,” while Reform deputy leader Richard Tice called on residents to protest at hotels housing migrants.
Wirral’s Controversial Change
Anti-asylum seeker protests erupted in Wirral earlier this month after plans emerged to change the demographic of residents at a local hotel from families to single male asylum seekers.
Three men were arrested on suspicion of public order offences during demonstrations outside the hotel. The council said it would now explore whether the proposed change in demographics breached planning laws, similar to the Epping case.
Tamworth’s Violent History
The Holiday Inn Express in Tamworth became a flashpoint during last summer’s riots following the Southport stabbings, with violent mobs attacking the building with petrol bombs and attempting to break in while asylum seekers cowered inside.
The attack, which saw protesters throw projectiles, smash windows and start fires, left one police officer injured and traumatised the asylum seekers housed there.
Home Office Response
Border Security Minister Dame Angela Eagle responded cautiously to the ruling: “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.”
She added: “We will carefully consider this judgment. As this matter remains subject to ongoing legal proceedings it would be inappropriate to comment further at this stage.”
Wider Implications
Security Minister Dan Jarvis insisted the government would “find alternative locations” for displaced asylum seekers but refused to specify where they would be housed.
Government sources expressed fury at the ruling, with one telling ITV News it was a “dangerous judgment” that could encourage further protests and legal challenges.
Labour insiders fear councils are wasting taxpayers’ money fighting a government already committed to ending hotel use, while critics argue the ruling validates local communities’ right to have a say in asylum accommodation.
Legal Precedent Set
The Epping ruling hinged on planning law rather than immigration policy, with the court finding that long-term use of hotels for asylum seekers constituted a change of use requiring planning permission.
This technical victory could provide a template for councils across the country to challenge hotel use without directly confronting government asylum policy.
Legal experts warn the ruling could trigger dozens of similar cases, potentially forcing the rapid relocation of thousands of asylum seekers and undermining attempts to manage the asylum system.
As councils across Britain digest the implications of the Epping judgment, the government faces the prospect of its asylum accommodation system being dismantled through the courts rather than reformed through policy, adding another crisis to Sir Keir Starmer’s mounting challenges.
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Image Credit (Shortened):
Keir Starmer giving a press statement after announcing a Southport Terror attack inquiry (21 Jan 2025) – by Simon Dawson / No 10 Downing Street, licensed under OGL v3.0, via Wikimedia Commons.
