Migrants must leave Epping hotel, High Court rules
Epping Forest council has been granted a temporary injunction to prevent Somani Hotels, the owner of the Bell Hotel in the Essex town, from accommodating migrants through a Home Office contract.
In a ruling on Tuesday, Mr Justice Eyre granted the temporary injunction but extended the time limit by which the hotel must stop housing asylum seekers from an initial 14 days to 24. All asylum seekers must now leave the hotel by September 12.
The court's ruling, delivered on Tuesday, came after the Home Office had attempted to derail the injunction at the last minute. Barristers representing the department suggested that a decision to approve the application could put Britain's asylum hotel scheme at risk of falling apart.
There could be 'similar applications made elsewhere that would then aggravate pressures on the asylum estate' and injunction applications could become a 'new norm adopted by local authorities', lawyers for the Home Office submitted.
The Home Office lawyers also suggested that granting the injunction 'runs the risk of acting as an impetus for further violent protests'.
In a lengthy judgment granting the interim injunction, Mr Justice Eyre cited that there had been 'lawful protests' against 'the use of the Bell to accommodate asylum seekers', adding: 'These protests have caused a degree of disruption to the lives of local residents.
'No one factor is determinative by itself, and I have looked at matters in the round. My conclusion on this issue is that the balance of convenience falls in favour of the grant of interim relief.'
The alleged sexual assault of a 14-year-old schoolgirl by an Ethiopian asylum seeker living at the Bell Hotel prompted demonstrations, which began last month, outside the hotel.
Hadush Kebatu, 41, is charged with three counts of sexual assault, one count of inciting a girl to engage in sexual activity and one count of harassment without violence. He denies all charges.
The Home Office was not represented at a previous hearing in the case on Friday. However, at the start of the hearing on Tuesday the department asked to be allowed to intervene.
Edward Brown KC said: 'If the injunction is granted by the court, it will substantially impact on the Home Secretary's statutory duties. The local authority should in fact have given some consideration to the wider public interest in this application.' He added that the injunction bid 'causes particular, acute difficulties at the present date'.
Mr Justice Eyre refused the intervention and told barristers: 'The secretary of state had sufficient time to take steps to ensure that material that she now wants to bring forward to the court was put before the court.'
He said: 'It is my assessment that the joinder of the [Home Secretary] is not necessary so the court can determine all matters in dispute in proceedings. The consequences of the [Home Secretary] joining would be the loss of yet further court time. The impact of that is significant.'
Chris Whitbread, the leader of Epping Forest district council, said: 'I am delighted. This is great news for our residents. The last few weeks have placed an intolerable strain on our community, but today we have some great news.
'Thank you to Mr Justice Eyre. For the first time in weeks, we can see a chink of light at the end of the tunnel. I also want to say a massive thank you to our planning and legal teams, who have worked day and night in preparation for our day in court. They have done our council proud.
'This is not the end of the matter. Having obtained an interim provision the next stage is for the council to return to the court and seek a permanent injunction.
'Home Office policy ignores the issues and concerns of local residents that the council represents. Today we have made a step towards redressing the imbalance and showing that local people do have some say, whatever the Home Office thinks.'
The judge refused to give Somani Hotels the green light to challenge his ruling. Piers Riley-Smith, for the company, had asked him to be allowed to appeal against it, citing its 'wide-reaching ramifications'.
He argued that there was a 'compelling reason for the appeal to be heard', including the 'precedent that would be set' by the ruling and the impact that it could have 'on the wider strategy of the [Home Secretary] in relation to the housing of asylum seekers in hotels as part of meeting their statutory duties'.
Mr Justice Eyre said that he was 'not persuaded there is such a compelling reason'. Somani Hotels could still ask the Court of Appeal for the go-ahead to challenge the ruling.
Chris Philp, the shadow home secretary, said: 'This ruling is a moment of relief for the people of Epping. Residents should never have had to fight their own Government just to feel safe in their own town.
'Local residents have every right to feel safe in their own streets and every right to object when their community is treated as a dumping ground.'
He accused Labour of deciding to 'tear up the deterrents the Conservatives put in place'.
Enver Solomon, the chief executive of the Refugee Council, said the ruling should signal the end of the use of hotels to house asylum seekers, adding: 'Everyone agrees that hotels are the wrong answer – they cost the taxpayer billions, trap people in limbo and are flashpoints in communities.
'Through our frontline work, we see how protests and hostility leave people who have fled war and persecution feeling terrified and targeted in the very places they are forced to live. This makes an already traumatising situation worse and prevents people from feeling safe.
'Instead of using costly hotels, the Government should partner with local councils to provide safe, cost-effective accommodation within communities.'
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'Your adult life has been blighted by you taking illicit drugs…..I'm quite satisfied that this case was a murder for gain. You didn't break into Mrs Flynn's home intending to kill her - as such the murder was not pre-meditated. 'I cannot ignore 15 blows were aimed by you. This was unusual savagery. You are a dangerous individual.' The family have now learned that samples taken from Cathy's body can be returned to them, so they will soon receive her ashes as a whole. Natasha said: 'When we have mum back together, we will hold a big party to celebrate her life, to remember the love and the joy she brought into the world. 'She will always be our Queenie. I'm raising awareness of violence against women and girls too. I'd like to help other families, in mum's name. 'But I won't ever forget or forgive. I am still being supported by specialist officers and FLO workers. And I will be ready, when Mears is up for parole. He is an animal, a monster, and I hope he never walks the streets ever again.' Following the death of Mrs Flynn - known as Cathy - one local said: 'She was the nicest lady you could ever meet, would do anything for anyone, a true queen with a heart of gold.' The judge added: 'Any loss of life is tragic, but your killing of Mrs Flynn that night wasn't only senseless but the circumstances surrounding it can only be viewed as truly horrific. 'You broke in, went up the stairs, passing the chair or stairlift on the stairs she used because she had only limited mobility. 'You dragged her out of bed, demanding repeatedly to know where the keys were, and repeatedly stamped on the victim on her face and neck, causing the most catastrophic of injuries. 'As to exactly why you behaved in that way, only you will know.' But the judge said drugs had ruined Mears' life and now the life of another family. 'I have no doubt the root cause was your long-standing addiction to harmful illicit drugs and association with the dealers at a higher level of these drugs.' Addressing Mrs Flynn's family, who cheered the guilty verdict from the public gallery, the judge added :'I can't for one moment put myself in their shoes. 'What a dreadful experience to have gone through:' He added that not many juries had to listen to somebody being killed. Afterwards Senior Investigating Officer Superintendent Lee Boycott of North Wales Police said: 'On 24th October 2024, Dean Mears broke into Cathy Flynn's home whilst she was sleeping and ferociously and repeatedly stamped on her in a brutal and violent unprovoked attack. 'The injuries Cathy sustained were not survivable and she tragically died the following day in hospital. 'His abhorrent actions that night was witnessed by Cathy's daughter on her doorbell footage, which will undoubtedly stay with her and her family forever. 'Despite Mears showing no remorse for his actions, Cathy's family have remained dignified and respectful throughout the judicial process. 'I commend them for their courage and my thoughts remain with them today. 'I welcome today's verdict and thank the jury, and the investigation team, for their diligent work in securing justice for Cathy's family.'
