Epping Hotel Faces Legal Action Over Asylum Seeker Housing

A legal dispute has emerged regarding the Bell Hotel in Epping, Essex, as the hotel company, Somani Hotels, is accused of violating planning laws by housing asylum seekers. The situation has drawn significant attention, prompting the Epping Forest District Council (EFDC) to take action against the company. This case has escalated to the High Court, where the Home Office is also involved.

Earlier this year, a High Court judge issued a temporary injunction preventing the accommodation of 138 asylum seekers at the Bell Hotel beyond September 12, 2023. However, this decision was overturned by the Court of Appeal in August, which deemed the initial ruling to be “seriously flawed in principle.” The EFDC is now seeking a permanent injunction while Somani Hotels and the Home Office oppose the claim.

In written submissions presented for a hearing on October 15, 2023, Philip Coppel KC, representing the EFDC, emphasized that the Bell Hotel has undergone a “material change” that negatively affects the local community. He stated, “A person wanting to stay in Epping cannot book a room there. A person cannot even visit there.” His remarks highlight how the hotel has transitioned from a viable lodging option to a site with limited access for the public, impacting its reputation as a hospitality establishment.

The hotel has been at the center of community unrest, particularly following a serious incident in July 2023. An asylum seeker residing at the hotel, Hadush Gerberslasie Kebatu, was charged with sexually assaulting a teenage girl. Following this, Kebatu was sentenced to 12 months in prison. Another asylum seeker, Mohammed Sharwarq, also faced criminal charges resulting in a 16-week jail sentence for assaulting fellow residents and staff.

Coppel further asserted that the presence of the hotel has led to increased protests and a decline in community safety. He noted, “A hotel contributes to the amenity of the vicinity – to those living and working there. It does not attract weekly protests and draw in unlawful activity.” The EFDC argues that the hotel’s status as a temporary accommodation facility has significantly changed its role in the community.

The EFDC’s position is supported by concerns regarding the hotel’s operational status, which has been criticized since it was repurposed for housing asylum seekers during the COVID-19 pandemic in 2020. Coppel claimed that Somani Hotels has circumvented planning laws since that time, contributing to the local issues.

On the other hand, Jenny Wigley KC, representing Somani Hotels, countered the allegations by asserting that there has been “no breach” of planning laws. She described the EFDC’s claims as “seriously flawed” and defended the hotel’s actions as a necessary response to changing circumstances. Wigley explained that the hotel had reopened briefly in August 2022 but returned to housing asylum seekers due to insufficient demand for its services, stating, “The hotel has been in financial decline for many years.”

Wigley also addressed the use of security fencing around the hotel, arguing that it was implemented in response to protests that arose following the arrest related to Kebatu’s case. She asserted that the council’s actions were a direct result of these protests and not indicative of a genuine planning issue.

The hearing, presided over by Mr. Justice Mould, is expected to conclude on October 17, 2023. As the legal proceedings unfold, the tensions surrounding the Bell Hotel reflect broader discussions about asylum housing and community safety in the UK. The outcome of this case could have significant implications for how similar accommodations are managed in the future.