High Court refuses to extend temporary injunction sought by council over housing of asylum seekers in local hotel

A High Court judge has refused to extend a temporary injunction obtained by Stoke-on-Trent City Council that blocked asylum seekers from being housed in a hotel in its city centre.

The council argued that Home Office plans to use the accommodation as a 'dispersal hotel' amounted to a serious breach of planning control.

It obtained a without notice urgent interim injunction on 21 October.

At an on notice hearing yesterday (2 November), Mr Justice Linden refused to extend the interim injunction order pending any hearing of the full claim.

The hotel owner and operator told the court that the mere fact that the premises was being used by asylum seekers was not sufficient to demonstrate a breach or apprehended breach of planning control.

There was no material change in use having regard to the definable character of the use, they added.

In refusing the application, the court reportedly described the council's position as "weak" and accepted that there was a lack of evidence as to the harm the use would cause if it went ahead and that there were no changes to the actual fabric of the building or the land on which the hotel is situated.   

Saira Kabir Sheikh KC, a barrister at Francis Taylor Building, acted on behalf of the hotel and its owner.

Commenting on the decision, the set said: "This outcome is a stark reminder that it is not enough to merely assert a change of use. It is necessary to consider what, if any, factors render that change to be material in planning terms. In the absence of a material change of use, there is no breach of planning control."

Stoke on Trent City Council has been approached for comment.

A spokesperson for the local authority told the BBC it was “disappointed” by the decision.

The spokesperson added: “While we review our legal position in the light of the judgment, the reality is that we have already been working with a number of other public services for the last 10 days, carrying out contingency planning prior to the court hearing.

"This work will now continue at pace to ensure that people who may arrive in the city are supported in the right way."

Earlier this month, council leaders at Stoke released a statement "strongly objecting" to the Home Office's plan.

They called on the Home Office to find locations in others areas of the country instead of making arrangements to "bypass the city council" and house asylum seekers at the hotel.

Council leader Abi Brown said: "This is about seeking fairness in the way that asylum dispersal is distributed across the country, and frankly there are many other places that haven't done a fraction of the work we have."

She added: "We understand that the numbers of people seeking refuge in the UK is at an unprecedented level, and that the Home Office is working swiftly in the face of this demand. But I'm calling on the system to be properly thought through so that rushed decisions aren't bad decisions and the welfare of the people who need help the most is considered first."

Stoke-on-Trent is one of four councils known to have sought an injunction against asylum seekers staying in hotels. Hearings for the remaining three injunctions – sought by East Riding of Yorkshire Council, Ipswich Borough Council and Great Yarmouth Borough Council – have yet to take place.

Adam Carey