Judge dismisses council application for ‘without notice’ injunction aimed at stopping asylum seekers being placed in hotel

The High Court has refused to grant North Northamptonshire Council a ‘without notice’ injunction preventing the housing of asylum seekers in a hotel in its area.

The local authority said: “The Court determined that they did not want to consider the application on this basis and that all parties should instead be given an opportunity to be heard at the outset. The application was therefore dismissed on this basis; the merits of the application were not considered.”

North Northamptonshire said it was considering whether it should make a further application for an injunction on notice and was awaiting the outcomes for other local authorities which have taken legal action.

It added that it was “continuing to try and seek further confirmation from the Home Office's contractor on key information which will help the council to support the housing of asylum seekers in suitable accommodation in North Northamptonshire”.

Cllr Jason Smithers, Leader of North Northamptonshire Council, said: “We do not feel that the Royal Hotel in Kettering is the appropriate place to accommodate asylum seekers for a number of reasons.

“We do not feel the proposals have been properly considered to ensure the best possible welfare can be provided to asylum seekers and the local communities in which they are housed.

Cllr Smithers added: “We are now considering our options in light of the injunction’s dismissal by the High Court.”

The local authority applied for the 'without notice' injunction after it became aware of Home Office plans to move asylum seekers into the Royal Hotel, with a move-in date of 3 November.

North Northamptonshire is one of six local authorities known to have applied for an interim injunction to block asylum seekers from being accommodated in local hotels, with the Home Office seeking to relieve pressures on its processing centres and in Manston in particular.

East Riding of Yorkshire Council, Ipswich Borough Council, Great Yarmouth Borough Council and Stoke-on-Trent City Council were all granted interim injunctions.

Linden J refused permission for the extension of Stoke-on-Trent’s interim injunction last week, whilst the injunctions obtained by East Riding, Ipswich and Great Yarmouth remain in place, pending decisions.

The outcome of an application for an interim injunction by Fenland District Council is not yet known.

In the High Court yesterday (8 November), Holgate J reserved judgment following a hearing over whether Ipswich and East Riding’s interim injunctions should be extended.

Adam Carey