The Court of Appeal has overturned a controversial High Court injunction that would have forced 138 asylum seekers to be removed from The Bell Hotel in Epping by September 12, prompting Reform UK leader Nigel Farage to claim the Government is using European human rights law “against the people of Epping.”
Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, ruled on Friday afternoon that the original High Court decision was “seriously flawed in principle” and warned that closing one asylum accommodation site would simply mean “capacity needs to be identified elsewhere in the system.”
The ruling came after both the Home Office and hotel owner Somani Hotels launched urgent appeals against Mr Justice Eyre’s August 19 decision, which had granted Epping Forest District Council a temporary injunction to stop the Essex hotel being used for asylum accommodation.
The Government has used ECHR against the people of Epping,” Mr Farage posted on social media platform X immediately following the ruling. “Illegal migrants have more rights than the British people under Starmer.”
The Appeal Court’s decision represents a significant victory for the Home Office, which had warned that the injunction would have “substantially impacted” its ability to house asylum seekers across the UK and created a dangerous precedent for other councils to follow.
Lord Justice Bean was particularly critical of the original judge’s decision to consider protests outside the hotel as part of the case for granting the planning injunction, warning this approach “runs the risk of acting as an impetus or incentive for further protests.
“At its worst, if even unlawful protests are to be treated as relevant, there is a risk of encouraging further lawlessness. The judge does not appear to have considered this risk,” he stated in his judgment.
The Bell Hotel has been at the centre of intense controversy since July when 38-year-old Ethiopian asylum seeker Hadush Gerberslasie Kebatu was charged with three counts of sexual assault, one count of inciting a girl to engage in sexual activity, and one count of harassment without violence.
Kebatu, who allegedly arrived in the UK by boat on June 29, is accused of attempting to kiss a 14-year-old girl after she offered him pizza because he looked hungry. He denies all charges and is currently on trial at Chelmsford Magistrates’ Court.
The allegations sparked a series of protests and counter-protests outside the hotel, with tensions escalating when a second asylum seeker, Syrian national Mohammed Sharwarq, was charged with seven separate offences including sexual assault.
Epping Forest District Council, led by Conservative Chris Whitbread, had argued that Somani Hotels breached planning rules by using the property to house asylum seekers rather than as a traditional hotel. The council cited “unprecedented levels of protest and disruption” in their bid for the injunction.
However, lawyers for Somani Hotels pointed out that the property had housed asylum seekers on three separate occasions since 2020, and this was the first time the council had taken enforcement action.
Edward Brown KC, representing the Home Office, warned the court that other local authorities were watching the case closely, with at least 30 councils – including nine Labour-run authorities – considering similar legal action against asylum hotels in their areas.
“The injunction in this case runs the risk of acting as an impetus for further protests, some of which may be disorderly, around other asylum accommodation,” Mr Brown argued.
Conservative leader Kemi Badenoch responded to the ruling by claiming Sir Keir Starmer “puts the rights of illegal immigrants above the rights of British people.” She urged Conservative councillors seeking similar injunctions to “KEEP GOING!” despite the setback.
Councillor Ken Williamson, representing Epping Forest District Council, expressed deep disappointment outside court: “While Epping Forest has brought the wider asylum seeker debate into sharp national focus, the concern and motivation of Epping Forest District Council throughout has been the wellbeing of our local residents.”
“Where we had clarity and resolution, we now have doubt and confusion. The battle is not over and we will continue the fight,” he added.
The Government has committed to closing all asylum hotels by the end of this parliament as part of what it describes as an “orderly, planned and sustained programme.” However, critics argue this timeline is too long given the community tensions such accommodation creates.
Refugee Council chief executive Enver Solomon said: “Waiting until 2029 to end their use is no longer an option. As long as hotels remain open, they will continue to be flashpoints for protests, fuelling division and leaving people who have fled war and persecution feeling unsafe.”
The Court of Appeal also ruled that Mr Justice Eyre’s decision to block the Home Office from intervening in the original case was “erroneous,” adding another layer of criticism to the High Court’s handling of the matter.
Epping Forest District Council can still pursue its full legal claim against the hotel’s use, with a substantive hearing scheduled for October. However, Friday’s ruling means asylum seekers will remain at The Bell Hotel for the foreseeable future.
The case has highlighted the broader challenges facing the Government’s asylum accommodation system, with hotels across the country housing thousands of asylum seekers whilst their claims are processed – a situation that continues to fuel community tensions and political debate.
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Image Credit:
Nigel Farage speaking with attendees at the 2018 Student Action Summit — photo by Gage Skidmore, taken on 19 December 2018, at Palm Beach County Convention Center, West Palm Beach, Florida. Licensed under Creative Commons Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)
