Epping Forest District Council has secured a temporary injunction preventing migrants from being housed at The Bell Hotel in Essex, after Mr Justice Eyre rejected a last-minute attempt by Home Secretary Yvette Cooper to have the case dismissed.
A High Court judge has granted an Essex council’s bid to temporarily block asylum seekers from being accommodated at a controversial hotel, despite dramatic eleventh-hour intervention from the Home Office warning the ruling would “substantially impact” its ability to house migrants across Britain.
The injunction sought by Epping Forest District Council prevents Somani Hotels Limited from housing asylum seekers at The Bell Hotel in Epping, following weeks of protests that have required police reinforcements from across the country. The demonstrations erupted after an asylum seeker living at the hotel was charged with sexually assaulting a 14-year-old girl.
Last-minute government intervention fails
In extraordinary scenes at the High Court, Home Secretary Yvette Cooper launched a last-ditch attempt to derail the proceedings through barrister Edward Brown KC, who argued the injunction would have severe implications for the government’s asylum accommodation programme.
Brown KC warned that granting the injunction could trigger a cascade of similar legal challenges across the country, stating: “There’s a risk there could be similar applications made, which would aggravate the pressure on the asylum estate.”
The Home Office’s intervention was branded “thoroughly unprincipled” by the council’s barrister Philip Coppel KC, who accused the government of attempting to “derail” the judge’s ruling at the eleventh hour. Despite the government’s warnings about the broader implications, Mr Justice Eyre proceeded to grant the temporary injunction.
Escalating tensions and community protests
Conservative council leader Chris Whitbread told the court that repeated protests in Epping were escalating tensions in the community and risked causing “irreparable harm. The small market town has witnessed unprecedented levels of disruption in recent weeks.
“The current situation cannot go on,” Whitbread stated. “We are doing this on behalf of our local community. We are a small district council. We have tried to help the Home Office see the situation cannot go on, but central government is not listening.
The protests intensified following the arrest of Hadush Gerberslasie Kebatu, 38, who denies sexual assault charges and is due to stand trial this month. The demonstrations have placed such strain on Essex Police that officers from other forces have been drafted in under mutual aid provisions.
Planning law at centre of dispute
The council’s legal team successfully argued that using The Bell Hotel to accommodate asylum seekers breaches planning regulations, as the property is operating as a hostel or processing centre rather than a traditional hotel.
In our view placing asylum seekers in the Bell Hotel is a clear breach of planning permission. It is not in use as a hotel, and it doesn’t function as a hotel,” Whitbread explained to the court.
The council highlighted particular concerns about the hotel’s location, noting it sits in close proximity to five schools and a residential care home. Council officials stated that asylum seekers placed at the hotel undergo no criminal record checks, despite potentially having been in the country for only days.
Safety concerns dominate debate
The case has attracted significant political attention, with Conservative Party leader Kemi Badenoch visiting Epping on Monday and claiming local women had “stopped jogging in the park because there are men lurking in bushes” due to concerns about the hotel.
“The people who I spoke to are having a lot of concerns about safety. Mothers told me that they’re worried about their daughters going to school. They’re getting harassed,” Badenoch told reporters following her visit.
Essex Police, Fire and Crime Commissioner Roger Hirst had previously written to the Home Secretary describing the hotel as “unsuitable” for housing migrants and warning that their presence was “clearly creating community tension.
Historical use and precedent
The Bell Hotel has operated as a traditional hotel since 1900, according to court documents. Asylum seekers began being placed there in April 2025, with Somani Hotels acting on advice from the Home Office not to seek planning permission.
The council pointed to a 2022 case where Great Yarmouth Borough Council successfully secured an interim injunction blocking a hotel’s use for asylum seekers without proper planning permission, establishing precedent for such legal action.
Piers Riley-Smith, representing Somani Hotels, argued that fears about increased crime associated with asylum seekers were “common, but that does not make them well-founded. He warned that a “draconian” injunction would cause significant hardship to those currently housed at the facility.
Unanimous council vote preceded legal action
The High Court action followed a unanimous vote by Epping Forest councillors on 24 July calling for the immediate closure of The Bell Hotel for asylum purposes, as well as the phased closure of the Phoenix Hotel in nearby North Weald.
Despite appeals from the council leader, local MPs, the Police and Crime Commissioner, and the leader of Essex County Council, the government had provided no substantive response, forcing the council to pursue legal action.
“If the Bell Hotel was a nightclub, we could have closed it down long ago,” Whitbread stated, highlighting the council’s frustration with planning law limitations.
Wider implications for asylum accommodation
The Home Office had warned that the case could set a precedent affecting asylum accommodation nationwide. With approximately 91,000 asylum applications pending at the end of 2024, the government relies heavily on hotel accommodation to house migrants whilst their claims are processed.
The ruling raises questions about how the government will accommodate asylum seekers if other councils follow Epping Forest’s lead in challenging hotel use through planning law. The injunction, if upheld, would require asylum seekers to be moved from The Bell Hotel within 14 days.
Schools prepare to return
Coppel KC emphasised the urgency of the situation, noting: “In Epping, the schools resume on September 2 and 3. The council is attempting to restore a safe and stable environment for schools, restaurants, and businesses.”
The barrister argued that High Court intervention would “restore the safety of nearby residents, in particular students at the five schools within walking distance of the Bell Hotel” and “remove the catalyst for violent protests in public places.
As the new school term approaches, the temporary injunction offers respite to a community that has seen weeks of upheaval. However, with the Home Office likely to appeal and the broader questions about asylum accommodation unresolved, this High Court victory may prove to be just the opening salvo in a longer legal battle.
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