
Council's bid to block hotel housing asylum seekers to be heard on Friday
It follows a series of protests in recent weeks outside the hotel, after an asylum seeker was charged with sexually assaulting a 14-year-old girl.
PA news agency understands the injunction bid is due to be heard on Friday by Mr Justice Eyre at the Royal Courts of Justice in London, with the case involving the council and Somani Hotels Ltd.
The council said in a statement on Tuesday that it had seen 'unprecedented levels of protest and disruption' in connection with asylum seeker accommodation.
The use by the Home Office of the premises for asylum seekers poses a clear risk of further escalating community tensions already at a high, and the risk of irreparable harm to the local community Chris Whitbread, leader of the council
It continued that it had issued the injunction bid because of the 'clear risk of further escalating community tensions and urgency of the need for the present situation to be brought under control'.
Councillors had voted unanimously last month to call on the Home Office to close the hotel, the council added.
Chris Whitbread, leader of the council, said the situation 'cannot go on' but the Government 'is not listening'.
He said: 'The use by the Home Office of the premises for asylum seekers poses a clear risk of further escalating community tensions already at a high, and the risk of irreparable harm to the local community.
'This will only increase with the start of the new school year.
'In our view, placing asylum seekers in the Bell Hotel is a clear breach of planning permission. It is not in use as a hotel, and it doesn't function as a hotel.
Protesters outside the Bell Hotel in Epping (Yui Mok/PA)
'The establishment of a centre to accommodate asylum seekers in this particular location, in close proximity to five schools, a residential care home, and the shops and amenities of the market town of Epping, is not appropriate in planning terms.'
The protests outside the hotel came after a man who was staying at the hotel, Hadush Gerberslasie Kebatu, 38, was charged with sexual assault.
Kebatu, who is accused of attempting to kiss a 14-year-old girl, denies the charges and will stand trial this month.
A second man who resides at the hotel, Syrian national Mohammed Sharwarq, 32, has separately been charged with seven offences.
At a hearing at Chelmsford Magistrates' Court on Wednesday, he denied a count of sexual assault after being alleged to have kissed a man on the neck.
He indicated guilty pleas to a further two counts of common assault and four of assault by beating, with all of the offences said to have taken place at the hotel between July 25 and August 12.
He was remanded in custody until a trial at the same court next month.
Six men charged in relation to disorder outside the hotel will also appear in court next week.

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Telegraph
40 minutes ago
- Telegraph
How judges took control of Britain
Trust in Britain's legal system is at a low ebb. Two thirds of the public believe that the criminal justice system has become politicised, and that judges make some decisions in line with their personal views rather than the law, according to a survey by pollsters Merlin Strategy. The constant flow of boats across the Channel, meanwhile, appears increasingly to be fuelled by a judicial system which actively works to undermine attempts to remove those arriving from Britain. It is perhaps a measure of the heat of public feeling that Sir Keir Starmer – former director of public prosecutions, Left-wing human rights lawyer – became, briefly, the public face of revolt against the courts. When Conservative leader Kemi Badenoch raised the case of the Palestinian family granted the right to live in the UK even after applying for a scheme designed for Ukrainians, Sir Keir Starmer agreed that the decision was 'wrong', adding that 'it should be Parliament that makes the rules on immigration; it should be the Government who make the policy'. This is an uncontroversial statement of the United Kingdom's constitutional settlement, or at least it should be. To Lady Chief Justice Sue Carr, however, it looked like a challenge. She said that 'both the question and the answer were unacceptable', and that it was 'for the Government visibly to respect and protect the independence of the judiciary'. Had Sir Keir been in the mood for a real row, he might have answered in turn that it was for the judiciary to visibly respect and protect the sovereignty of Parliament, and the executive authority of the Government. And if he had really wanted to set the cat among the pigeons, he could have answered with a question: who, actually, is running the country? The war on welfare That Britain has a welfare problem is well-established. This year, spending on the personal independence payment (PIP) alone is set to cost £29bn, up £13bn in five years since the pandemic. Attempts to cut it, however, came unstuck in spectacular fashion, with a major row between Sir Keir Starmer and his backbenchers. The strangest part of this is that a great deal of the increase was never intended by the government in the first place. In fact, the introduction of PIP was supposed to cut the number claiming benefits by 600,000, saving £2.5bn. Instead, caseloads and spending soared. Some of this was poor policy design. But some was the result of judicial decisions. In 2016, in the case of MH vs the Secretary of State for Work and Pensions, a panel of judges decided that 'psychological distress' should be considered when deciding whether applicants should receive additional payments to help with mobility, opening up these funds to a large number of applicants with mental health issues. The government, surprised, introduced regulations to undo this decision, clarifying that its policy was not to make these awards. This resulted in another round of legal action, and in 2017 the High Court ruled that these regulations were also unlawful as they discriminated against the disabled in breach of the convention on human rights, and had not been sufficiently consulted on. The government backed down, and set about backdating claims. A rough estimate for the end result could today be in the region of £1.4bn of spending per year. This is far from the only case, however, where human rights claims have shredded common sense. The march of human rights The same convention which underlay the PIP decision has made our immigration system all but impossible to enforce. Supposedly 'exceptional' human rights claims now account for around 30 per cent of deportation cases, triggering Home Secretary Yvette Cooper's plans to crack down on their use. Beyond the Gazan applicants to the Ukraine scheme, one striking example concerned a Nigerian woman who joined a terrorist group banned in Nigeria, but not proscribed in the UK. The judge decided that the woman had joined the organisation specifically 'in order to create a claim for asylum'. However, as this had in turn created 'a well-founded fear of persecution', asylum was granted. It was a maddening outcome. It was also in line with a long-running strand of asylum law. In 1996, the European Court of Human Rights held in the case of Chahal vs the United Kingdom that Mr Chahal – 'a leading Sikh militant suspected of involvement in acts of terrorism' – could not be deported from Britain as this would give rise to a 'real risk' of torture or inhuman treatment in violation of his human rights. In combination with a 2010 Supreme Court decision in the case of HJ and HT vs the Home Secretary – where the court held that persecution which was avoidable with 'discretion' was still a bar to deportation – this has given rise to an absurd cottage industry. As one legal figure put it, the goal for many asylum applicants as a result is to 'bootstrap' refugee status by deliberately creating a danger to themselves through protest. Travel through London and you will frequently find protests outside the embassies of less than perfectly democratic regimes where would-be asylum seekers try to get themselves to prominent positions where they can claim to have drawn the attention of embassy staff, or have photos taken waving banners to post online and create synthetic risk. The original sin, here, is the way Britain chose to handle the incorporation of human rights into British law. Labour, in 1998, could have proceeded in two ways. It could have stated that the government would identify potential clashes with human rights law, and resolve them. Instead, it effectively chose to hand the entire matter off to the judiciary, creating a duty on every judge to apply the rules of the European Convention on Human Rights, and in effect embedding political values into the legal system. This had two effects. The first was to put vaguely worded rules in front of judges who now had to work out how to apply them. 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They had filed their paperwork, received their permits years ago – 2022 for Jackdaw, 2023 for Rosebank – and set about work. But in a ruling earlier this year, Lord Ericht decided that 'the private interest of members of the public in climate change outweigh the private interest of the developers', demanding a new environmental impact assessment which covered not only the actual development of the site itself, but the emissions of the fuel extracted. That the British Government had said these details didn't need to be included in the assessment was irrelevant; the developers 'knew or ought to have known at the time that the consents were granted that the law was uncertain'. What had changed in the period between the initial grant of permission and the ruling was a Supreme Court judgment in 2024, which decided that the burning of produced fuel should be included in environmental impact assessments. This did not emerge from nowhere. The regulations required impact assessments to assess 'direct and indirect significant effects' of projects on the environment. Given the willingness of campaigners to use the legal system to block or delay work they dislike, this was always going to be a potential tripwire. Earlier this year, The Telegraph covered the story of Chris Todd, whose court challenges – none of which had yet succeeded – have raised the cost of road schemes by £200m-£300m. These cases, and others like them, have caused considerable damage. In an article earlier this year, Sir Keir Starmer criticised activists for 'robbing people of lower bills and good jobs' through extended legal action with 'no chance of winning'. Westminster, however, continues to leave the system that permits this behaviour intact. The Empire of Law The strand that runs through these cases is the retreat of Parliament and the Government from dealing directly with complexity. One of the downstream consequences of handing sweeping powers to judges to make political decisions is that they have now grown used to doing so. Lord Falconer remarked in 2003 that Labour's approach was 'to place power where it should be: increasingly not with politicians but with those best fitted in different ways to deploy it'. But as Richard Ekins KC – head of Policy Exchange's Judicial Power Project and professor of law at Oxford University – notes, judges are 'not well placed to govern, or to stand in judgment over Parliament's decisions'. Attorney General Richard Hermer's Bingham lecture in 2024 presented a fascinating glimpse into the culture that has taken root: the rule of law conceived not as a 'procedural and formal conception' but an approach that 'must afford adequate protection of fundamental human rights', and which places adherence to international law at the heart of the state, 'unequivocally' supporting the European Convention on Human Rights and its Court. These views are now at the heart of government, and the resulting paralysis is illustrative of what rule by lawyers looks like in practice. Hermer is an extreme example of the prevailing legal culture in Britain, but its effects are widely visible. As Prof Ekins puts it: 'In most cases, courts interpret the law in line with what Parliament intended. But there is a subset in which some judges will invoke principles to override Parliament's intentions, which is flatly out of line with our constitutional settlement.' These cases, in turn, tend to arise from three particularly problematic bodies of law: the human rights system, judicial review, and – at least prior to Brexit – our obligations to the European Union. These require judges to act almost as political creatures. In some startling cases, the courts appear to have directly contended with the will of Parliament, and emerged on top, or to expand their power without legislative authority. As Prof Ekins notes, the rise in judicial review – and the expansion in its scope – was largely the result of a series of court decisions, rather than legislative changes. This, in turn, caused Parliament to write explicit 'ouster clauses' into legislation, stating that certain matters were beyond the power of courts to review. But sometimes even these are not enough. Take the case of Privacy International, where the organisation brought a case over GCHQ's use of 'hacking'. There the Supreme Court decided that despite clear wording in the Regulation of Investigatory Powers Act, the relevant ouster clause had to be interpreted with the presumption that it would allow judicial review unless beyond any possible doubt. Moreover, one judge openly asserted that even in the event such a clause were written, it could well be ignored. This imperial attitude would seem to be a far greater threat to Britain's constitution than any criticism of judicial overreach. The pair of Gina Miller judgments (on the invocation of Article 50, and the prorogation of Parliament), the decision to quash the Attorney General's ministerial veto on the release of the then-Prince of Wales's letters to departments, and a host of others have made it appear that some members of our judiciary would be more at home in a kritarchy than a constitutional monarchy. Taking back control Britain's policymakers can barely move without a judge tripping them up. That there is a need for a judiciary is beyond dispute. To borrow from the economics of contract theory, laws are not 'complete'. Parliament cannot set out all the possible permutations and combinations of events that might fall under a law. It cannot, either, offer exhaustive definitions of each term deployed. The role of judges is in part to fill in these gaps: to decide which cases fall where, and process them accordingly. Sometimes they will err, or use their power to set policy as they believe it ought to be, rather than as it is. Some of this is down to Parliament failing to decide, passing the buck to the judges. Some of it is down to legislators failing to rebuff this judicial tendency. Some of it speaks to the sheer complexity of the legislative environment Westminster has created, where it is all too easy to trip on a previous law. But the result is clear.


BBC News
6 hours ago
- BBC News
What do people in Epping think of the town's migrant hotel?
For weeks now, there have been protests near the Bell Hotel in Epping, which houses single male asylum far this month they have largely been peaceful, but in July some descended into disorder. Riot police were on residential streets; helicopters were whirring over homes at night. Twenty-eight people have been arrested, with police officers injured and vehicles damaged. The protests started after an asylum seeker housed at the hotel was accused of sexually assaulting a teenage girl. He is in custody awaiting further court where Sir Winston Churchill was MP from 1924 to 1945, is at the end of London Underground's Central line. Its bustling High Street has bakeries, hair salons, cafes and on some of the protest days, it has been a ghost town - with many businesses shutting early. One local councillor described Epping as the epicentre of Britain's anti-migrant protests. What do locals make of it? "They shouldn't be there. They should be gone. "They are causing nothing but trouble in the town," said Debbie was pushing her grandson in a pram on a warm said the asylum seekers should be "kept in a camp until they are processed" and suggested a military base like MDP Wethersfield in north Essex - where hundreds are currently being housed - would be Ellis welcomed the protests."I think it should be happening, I've been to a couple. If we don't stand up for our town no-one else is going to," she said."They shouldn't be left in a population where there's little kids running round, shops where they go shoplifting," she added. Several people alleged asylum seekers have been shoplifting. One store manager who did not want to be named said stealing from their shop was an issue, but they had no idea if the culprits were asylum seekers or not. They did not feel thefts were worse in Epping compared to other crime up to June (the current figures) has remained broadly the same in Epping and Ongar over the past 18 months, with between 261 and 365 crimes reported a month. The figure was slightly higher in some months in 2022-23 according to Essex Police's crime statistics. 'Haven't felt unsafe' For Priyam Atter, out and about with her toddler, it was the protests she was concerned about."I've never had any issues with people who I can see are from that hotel. "I certainly haven't felt unsafe by those people, but I certainly have felt unsafe by the riots that happened in this area."I think it is a stain on Epping." Elsabe Coericius was out shopping. She said "if the hotel is the only place where they can stay they should be allowed".She is a Quaker and said: "I believe in peaceful protest. "I think everybody should be able to share their views and opinions."Epping Forest District Council has been seeking an injunction against the owner of the Bell Hotel to stop it being used to house asylum seekers. Ms Coericius described that move as "a disgrace". But others like Sara and Jan Russell, out for a brisk summer walk, supported the council's High Court action."I'm all for it. I've lived here for over 50 years now. We've never seen anything like this."It's not right, nobody likes it," said Jan Russell added: "It's about time these asylum seekers did just go. "We are such a small town - we can't really afford to have that sort of people walking up and down the street." She said she saw the asylum seekers "just dossing around" in the town. They had not been involved in the protests, but they supported said Sara Russell, not "when people are coming off the Central line from the other side of London and are just pretending to be from the local area". "There's a very small percentage of people who are protesters from Epping town," she said she had "nothing against the legal migrants" but when it came to those arriving by boat across the Channel, her answer was to "put them on Ascension island". Social media 'drums drumming' As she strolled past, another resident, Sue Rosso, heard what they were saying and disagreed."There is this major issue that we have in this country with lots of people coming to seek refuge. "Fundamentally, the hotels, whilst not an ideal option is - as I see it - the only temporary option," she the shoplifting accusations, Ms Rosso said: "There's a lot of drums drumming on the social media and a lot of fake news."In my view those incidents are not true."She said she felt the protests should be in Westminster, not Epping, as it was the government who was placing asylum seekers in the are strong views on the Bell Hotel in Epping and it appeared to be dividing opinion."It's turning neighbour against neighbour," Ms Rosso said. "This was a community based town and I hope it will be that again in the future." Follow Essex news on BBC Sounds, Facebook, Instagram and X.


Telegraph
10 hours ago
- Telegraph
Two-tier justice is a national disgrace
When Attorney General Richard Hermer told the BBC in June that it was 'disgusting' and 'wrong' to claim that Britain had a two-tier justice system, 'offensive' to the country's 'crown prosecutors' and 'courts', he was attempting to bat away a wave of criticism that sought to make the point that justice in this country is no longer blind. It did not help his point that just a few weeks before, the Sentencing Council for England and Wales had sought to make this implicit bias explicit, suggesting that some offenders should receive more lenient sentences based on their ethnicity. Even this Labour Government felt compelled to pass emergency legislation to block the move. Perhaps the most visible manifestation of two-tier justice is the treatment of Lucy Connolly, the wife of a Conservative councillor jailed after posting on social media that people could 'set fire to all the… hotels full of [asylum seekers] for all I care'. This was a stupid and reprehensible remark, fired into the void of social media with little thought as to its potential consequences. Ms Connolly entered a guilty plea, and was sentenced to 31 months' imprisonment. Had she stood her ground, she might well have walked free. Ricky Jones, a Labour councillor who made a seemingly explicit call for violence – telling a large crowd that they needed to 'cut' the 'throats' of 'disgusting Nazi fascists' and 'get rid of them all' – was cleared by a jury yesterday. There is a clear difference between a guilty plea and a jury decision. The clear disparity in outcomes, however, will further fuel criticism of a system that appears to function very differently for those from the correct part of the political spectrum. And for the cynical, there is the question of the pressure placed on Ms Connolly by the prospect of being held on remand for an extended period. This does not help with the 'community tensions' politicians are at pains to minimise. Nor does it help public acceptance of the justice system when visibly absurd outcomes mount up on a near daily basis. As Robert Jenrick has said in his interview with The Telegraph, the perception that judges 'act politically and bring their own personal politics into their job as a judge' has been immensely damaging. His proposals for tighter checks on appointments and a robust system for removals make a great deal of sense. This is particularly so in comparison with what appears to be the preferred outcome of the Government: for critics to shut up and accept that the legal system produces the right outcomes. Not only does this fail to silence criticism, it serves to further undermine faith in the law. Criticism of Britain's two-tier system will continue for as long as we get two-tier outcomes.