Tory MP criticises council decision to back away from asylum seeker accommodation judicial review

A decision by Stafford Borough Council not to pursue a judicial review of a planning inspector's decision to overturn the council's planning refusal for disused student flats to become asylum seeker accommodation has been questioned by the area’s local MP.

The council announced yesterday (12 July) that it will focus on lobbying the Home Office for support instead of taking legal action, after receiving a legal opinion that said there are "no reasonable prospects at all" of a successful legal challenge. 

Home Office contractor Serco applied for planning permission for a change of use of the former university halls in March 2022. The scheme would see around 480 asylum seekers accommodated in the buildings. 

However, the council refused the application citing fear of crime, the effect on social inclusivity and pressure on public health resources.

The decision was then considered by a planning inspector in May, who dismissed all of the council's reasons for refusal and allowed the appeal.

Theo Clarke MP wrote to Stafford's chief executive on 4 July to ask the authority to take action over the decision.

"Having spoken to local residents to hear the strength of their opinion on this issue, I believe the best move for the Stafford community is to launch a judicial review against this decision", she wrote.

She added: "I believe such a move would have a chance of success. But in any case, it would delay the use of this facility and allow extra to continue to make the case to government that such a facility is completely inappropriate and would leave open the chance the government could change its plans."

But in a statement published yesterday, the council revealed that independent legal advice it had sought said a potential judicial review would likely fail.

The written opinion to the council states: "I regret to inform the council that in all the circumstances of this case there are no reasonable prospects at all of a successful application for statutory judicial review. In my opinion any application would not get through the permission stage."

Stafford Borough Council's leader, Cllr Aidan Godfrey, said: "The advice from experienced legal counsel is categorical and clear - there are no reasonable prospects of a judicial review being successful.

"I know this may not be the news some people want to hear but it would be foolish to ignore the advice and spend potentially tens of thousands of pounds of taxpayers money on a legal challenge that will fail."

Cllr Godfrey added that other 'interested parties' could launch an action for judicial review but said the borough council would now be prioritising the safety and wellbeing of its community - and liaising with Serco to ensure the local authority was fully briefed on its plans.

Responding to the decision, Theo Clarke MP has said she was "not persuaded a JR would be as expensive as the council suggests" and called on the council to publish the legal advice "in the spirit of transparency".

She added: "I suspect the new council's heart is not in doing all it can to stop Beaconside or at least delay it while the government's Illegal Migration Bill starts to do its work in stopping the boats.

"I fear that is a political decision and not one in the best interests of Stafford residents."

Adam Carey