Two Labour-run councils ‘considering all options’ to challenge migrant hotel use
Two Labour-run councils are considering legal action to stop the use of hotels to house migrants in their areas after Epping council won a temporary injunction.
The leaders of Wirral and Tamworth councils both say they are considering their legal options in the wake of the Epping case, citing similar concerns about the impact of the hotels on their local communities.
Politics latest: Judge in Epping hotel case was Tory candidate four times
Epping Forest District Council won an interim High Court injunction on Tuesday to stop migrants being housed at The Bell Hotel, after arguing its owners did not have planning permission to do so.
Paula Basnett, the Labour leader of Wirral council, said: “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.”
She added: “If necessary, we will not hesitate to challenge such decisions in order to protect both residents and those seeking refuge.”
Carol Dean, the Labour leader of Tamworth Borough Council, said she understands the “strong feelings” of residents about the use of a local hotel to house asylum seekers.
She pointed out that under the Labour government, the use of hotels has halved from 402 to 210, with the aim of stopping the use of any hotels by 2029.
But in light of the Epping case, she said “we are closely monitoring developments and reviewing our legal position”.
Epping has been the focal point of protests against migrant hotels in recent weeks. Pic: Reuters
Badenoch backs more council rebellions
Other Tory councils are also being encouraged to follow Epping’s lead by party leader Kemi Badenoch.
She has sent a letter to all the councils they control, pledging her support for them to fight migrant hotels.
She wrote: “The Epping hotel injunction is a victory for local people led by a good Conservative council working hard for their community. This is the difference Conservatives in local government deliver. Real plans. Real action.”
Conservative-run Broxbourne Council has announced it is exploring its legal options.
The Reform UK leader of Kent County Council has also said she was writing to fellow leaders in Kent to explore whether they could potentially take legal action.
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Police officers ahead of a demonstration outside The Bell Hotel. Pic: PA
Government under pressure
The prospect of more rulings in favour of councils will leave ministers asking where else they might be able to house asylum seekers. Other options may include flats and ex-army bases.
The prime minister and the home secretary are under huge pressure to clear the asylum backlog and stop using hotels across the country to house those waiting for their applications to be processed.
Keir Starmer and Yvette Cooper are under pressure to bring down small boat crossings. Pics: PA
Protests have sprung up at migrant hotels across the country. But The Bell Hotel in Epping became a focal point in recent weeks after an asylum seeker housed there was charged with sexually assaulting a 14-year-old girl.
The council sought an interim High Court injunction to stop migrants from being accommodated at the hotel, owned by Somani Hotels Limited, on the basis that using it for that purpose contravened local planning regulations.
The interim injunction demanded that the hotel be cleared of its occupants within 14 days, but in his ruling on Tuesday, Mr Justice Eyre granted the temporary block, while extending the time limit by which it must stop housing asylum seekers to 12 September.
Somani Hotels said it intended to appeal the decision. Its barrister, Piers Riley-Smith, argued it would set a precedent that could affect “the wider strategy” of housing asylum seekers in hotels.
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Asylum hotels: ‘People have had enough’
Epping hotel ‘sidestepped public scrutiny’
A government attempt to delay the application was rejected by the High Court judge. Home Office barristers had argued the case had a “substantial impact” on the government performing its legal duties to asylum seekers.
But Mr Justice Eyre dismissed the Home Office’s bid, stating that the department’s involvement was “not necessary”.
The judge said the hotel’s owners “sidestepped the public scrutiny and explanation which would otherwise have taken place if an application for planning permission or for a certificate of lawful use had been made”.
Reacting to Tuesday’s judgment, border security minister Dame Angela Eagle said the government will “continue working with local authorities and communities to address legitimate concerns”.
She added: “Our work continues to close all asylum hotels by the end of this parliament.”
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New laws to reduce the use of short prison sentences and toughen up community punishments are expected to be introduced within weeks.
Ministers are expected to introduce the new legislation to the Commons after the summer recess.
The changes will abolish most short-term prison sentences and introduce an earned release scheme, based on a model used in Texas, where prisoners who demonstrate good behaviour can be freed earlier – while those who disobey prison rules are detained for longer.
This will include some prisoners jailed for violent offences, although those convicted of the most dangerous crimes and for terrorism will be excluded.
Shabana Mahmood (left) was said to be impressed by the system in place in Texan prisons. Pic: PA
The new bill will introduce many of the changes recommended by the independent sentencing review, carried out by former Conservative justice minister David Gauke earlier this year. It represents one of the largest overhauls of sentencing in a generation and marks a cornerstone of the government’s effort to reduce the size of the prison population in England and Wales.
As well as reducing the use of short custodial sentences, the changes will also toughen up community sentences, introducing a wider range of punishments for those serving time outside of prison. This could include bans on going to stadiums to watch sports or music events, as well as restrictions on visiting pubs, and the wider use of drug testing.
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Becky Johnson speaks with Daniel, a former convict, who was released early after prisons reached capacity.
Other punishments could include driving and travel bans, as well as restriction zones – confining them to certain areas. Some of these can already be imposed for certain crimes, but the new laws will mean that these could be handed down by a judge for any offence.
Under the legislation, which it is understood will be introduced in September, prison sentences of 12 months or less will be scrapped, except for in exceptional circumstances such as domestic abuse cases. Meanwhile, the length of suspended sentences – where an offender is not sent to prison immediately unless they commit a further crime – will be extended from two years to three.
The justice secretary is believed to have been inspired by the earned release scheme during a visit to the States, where she learned about the model being used in Texas to cut crime and bring their prison population under control.
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England is on course to run out of prison places for adult men by November, the Justice Secretary has warned.
Shabana Mahmood said that criminals who break the rules “must be punished” and that those serving their sentences in the community “must have their freedom restricted there, too”.
She added: “Rightly, the public expect the government to do everything in its power to keep Britain safe, and that’s what we’re doing.”
A spokesperson for the Ministry of Justice added: “This government inherited a prison system days away from collapse.
“That is why we are building 14,000 more prison places, with 2,500 already delivered, but we know we can’t build our way out of this crisis.
“Without further action, we will run out of prison places in months, courts would halt trials and the police [would] cancel arrests. That is why we are overhauling sentencing to make sure we always have the prison places needed to keep the country safe.”
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