Epping asylum hotel Supreme Court appeal denied

A council seeking to stop an Epping hotel from housing asylum seekers has lost a legal attempt to appeal to the Supreme Court.

Epping Forest District Council had secured a temporary injunction from the High Court which would have forced migrants to leave The Bell Hotel in Epping, Essex, by 12 September.

That was overturned by Court of Appeal judges last week and has been followed by the same court ruling the case cannot go to the Supreme Court, although the council said it can now make a direct request to the higher court.

After months of demonstrations at the hotel, Conservative council leader Chris Whitbread called for protesters to consider stepping away as the town was “under great strain”.

The council had argued at the High Court that the site owner, Somani Hotels, had breached planning rules by not notifying the local authority of its plans for The Bell.

But the company and the Home Office – which places migrants at the site – successfully overturned the injunction at the Court of Appeal.

A full High Court hearing to discuss a permanent injunction is scheduled for October.

However, in the meantime, the council is considering applying directly to the Supreme Court – the UK’s highest court of appeal – about the temporary injunction being denied.

Mr Whitbread said: “We believe the Court of Appeal decision to overturn the interim injunction for the closure of The Bell Hotel was wrong.

“However, this is not the end of the matter. We consider we have a strong case for a final injunction… expected to be heard some time in early October.

“In the meantime, the council is keeping all our options open, including seeking permission from the Supreme Court to appeal against the judgment of the Court of Appeal.”

The council said it was given “no reasons” by the Court of Appeal for denying permission for the case to be taken to the Supreme Court.

There are 138 asylum seekers housed at the Bell, with dozens of people arrested in connection with disorder near the hotel, many of whom have since been charged.

With many children returning to school for the first day of term on Wednesday, Conservative councillor Mr Whitbread urged potential protesters to show restraint as local people were “under great strain”.

“I support the right of local people to peacefully protest,” he said.

“However, following further disturbances and arrests by Essex Police, I am approaching the other group leaders on Epping Forest District Council and other community leaders to jointly ask protesters to reflect on whether they continue with the twice-weekly local protests.

“If you choose to continue, it should be done considerately and calmly, with awareness of the impact on local residents and the local economy.

“As schools return this week, I appeal to the protest organisers to show restraint and give our families and children some much needed respite.”

The recent wave of protests followed the arrest and subsequent charging of one of the hotel’s residents with several offences including the sexual assault of a 14-year-old girl.

Hadush Kebatu, who is from Ethiopia, is on trial and denies the offences.