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High Court refuses council application for interim injunction preventing local hotel from housing asylum seekers

The High Court has rejected Fenland District Council's application for the extension of an interim injunction blocking a hotel from accommodating asylum seekers.

Cllr Samantha Hoy, the council's Cabinet Member for Housing, said the ruling came despite the local authority bringing a "materially different" case to other councils that had seen their applications dismissed.

The local authority said it only became aware of the decision to accommodate asylum seekers at the Rose and Crown Hotel in Wisbech Market Place after investigating an announcement that the hotel was set to close on 4 November. The council contacted the Home Office's contractor, Serco, which confirmed the hotel was to host asylum seekers.

Cllr Steve Tierney, District Councillor for Medworth, Wisbech, said: "We immediately took legal action and proceedings began.

“Sadly SERCO placed some asylum seekers into the hotel that evening and 21 individuals are currently in residence."

He added: "We had hoped the injunction today would have made SERCO find alternative accommodation but the judge ruled otherwise."

Cllr Hoy said the local authority believed it "had a strong case to take to court". 

She continued: "Our case was materially different to that of other councils who had previously been unsuccessful. Other councils had a month's notice, and we received no notice at all.

"Furthermore, we know, and SERCO had already recognised, that Wisbech is an inappropriate place to house asylum seekers because of the exceptional and recognised problems in the area, including illegal gangmasters, human trafficking and modern-day slavery. We were also concerned about the effect on availability of local services and potential issues of social cohesion."

Fenland claimed that, while the application was dismissed, there had been "no criticism of the council at all, only criticism of the defendants".

The judge's decision makes Fenland the latest in a line of councils to fail in either seeking or securing the extension of an interim injunction barring Home Office from accommodating asylum seekers in local hotels.

Seven councils in total are known to have sought injunctions. Of the six, East Riding of Yorkshire Council, Ipswich Borough Council, Great Yarmouth Borough Council, and Stoke-on-Trent City Council were all granted 'without notice' interim injunctions.

However, an application by East Riding and Ipswich to have their interim injunctions extended was refused by Holgate J in the High Court earlier this month. Stoke's bid to extend an interim injunction had already been rejected by Mr Justice Linden.

North Northamptonshire Council applied for a 'without notice' injunction but had its application refused.

A seventh council, Peterborough City Council, recently withdrew an injunction application.

Two weeks ago, Torbay Council issued a second pre-proceedings letter for a judicial review of the Home Office's decision to block-book a hotel in its area. It decided against pursuing an application for an interim injunction.

Adam Carey