Three senior judges will rule on Friday on whether asylum seekers can continue staying at the Bell Hotel in Epping, as Health Minister Stephen Kinnock (Labour) warned that closing asylum hotels immediately could leave migrants "destitute in the streets".
The Court of Appeal hearing will decide whether to overturn a temporary injunction blocking 138 asylum seekers from being housed at the Essex hotel beyond September 12. The Home Office and Somani Hotels are challenging a High Court ruling that would force the removal of residents.
Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said they would deliver judgment at 2pm on Friday afternoon. He told the court: "Because of the great urgency of this matter, we will aim to give judgment at 2pm tomorrow."
Minister warns against rapid closures
Kinnock outlined alternative accommodation options including disused warehouses, office blocks and military barracks, but stressed the need for careful planning. "It's not a question of if we close the hotels, it's a question of when and how we close the hotels," he told Sky News.
He warned against a "disorderly discharge" from asylum hotels, saying this "would actually have far worse consequences than what we currently have, in terms of the impact that would have on asylum seekers potentially living destitute in the streets". The minister added: "I don't think any one of the communities that are campaigning on this hotels issue want to see that."
The case has prompted other councils, including Labour-run authorities, to publicly announce their intention to seek legal advice over whether they could achieve similar injunctions for hotels in their areas.
Legal arguments and precedent concerns
Edward Brown KC, representing the Home Office, argued in written submissions that the original judge showed "no regard to the obvious risk that other local planning authorities would adopt the same approach" as Epping Forest District Council.
Piers Riley-Smith, for Somani Hotels, said the judge "overlooked" the hardship that would be caused to asylum seekers if they were required to move. He highlighted the "extremely high-profile nature of the issue" and the "risk of a precedent being set".
The council's barrister Philip Coppel KC maintained the case "sets no precedent" and there was "no compelling reason" for the injunction to be overturned. Council representative Robin Green said the authority had not previously taken enforcement action as the hotel had been "unproblematic".
Hotel becomes protest focal point
The Bell Hotel became the centre of protests after asylum seeker Hadush Gerberslasie Kebatu was charged with sexually assaulting a 14-year-old girl last month. Kebatu has denied the offence and has been on trial this week.
Syrian national Mohammed Sharwarq has separately been charged with seven offences, while several other men have been charged over alleged disorder outside the hotel. Essex Police managed peaceful demonstrations on Thursday evening, with designated protest areas in place.
The hotel has housed asylum seekers intermittently since May 2020, including periods from October 2022 to April 2024 and again since April this year. This year marked the first time the council had taken enforcement action against the hotel.
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
