High Court judge reserves judgment in dispute over accommodation of asylum seekers in hotels, leaves interim injunctions in place for now
A High Court judge has reserved judgment following a hearing over whether interim injunctions obtained by Ipswich Borough Council and East Riding of Yorkshire Council, which block hotels in their areas from housing asylum seekers, should be extended.
Mr Justice Holgate heard arguments yesterday (8 November) from counsel to Ipswich and East Riding that the use of the hotels amounted to a material change of use, therefore breaching planning laws.
The two councils obtained interim injunctions – which are still in place – in October after becoming aware of Home Office plans to place asylum seekers in local hotels.
Barrister Gethin Thomas, who acted for both councils, told the court that Ipswich was concerned the use of the hotel would impact the local economy and health services, describing the local GP surgery as "at limit".
Arguing for East Riding, Mr Thomas said that the local authority had told the Home Office that the chosen hotel was unsuitable as it was far from "services", including shops and GP surgeries, had limited public transport options, and was in a rural area.
He said the hotel operators should have sought planning permission or a certificate of lawfulness.
One barrister representing the defendants questioned how, in planning terms, the accommodation of asylum seekers in hotels brings about a change of use, as booking out the hotel could be done by tourists or the Home Office alike.
The barrister also said considerations should be made about the injunction's compliance with the Public Sector Equality Duty and the Human Rights Act.
Four days before the hearing, Holgate J issued a directions order which maintains the interim injunctions until he gives judgment.
Mr Justice Holgate did not say when his judgment would be handed down.
East Riding of Yorkshire and Ipswich are two of six local authorities to have sought interim injunctions in efforts to keep asylum seekers from living in local hotels.
On 2 November, Mr Justice Linden refused to extend a temporary injunction obtained by Stoke-on-Trent City Council pending a full hearing of the claim, after reportedly labelling the council's position as "weak".
Stoke-on-Trent also argued the plan amounted to a serious planning control breach.
Earlier this week it emerged that Fenland District Council and North Northamptonshire Council had applied for interim injunctions over hotels in their areas.
The sixth authority was Great Yarmouth Borough Council, which obtained an interim injunction in October.
The Home Office has been moving asylum seekers into hotels to ease the load on its processing centres, in particular one based in Manston in Kent.
Adam Carey
