THE COURT of Appeal has overturned a High Court injunction that would have forced asylum seekers to leave the Bell Hotel in Epping, Essex.
Giving judgment on Friday, Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said: ‘We allow the appeals and we set aside the injunction imposed on 19 August 2025.’
Summarising reasons, Bean LJ said the High Court judge ‘made a number of errors in principle, which undermine this decision’, adding that the judge’s approach ‘ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system.’
He warned the injunction ‘may incentivise’ other councils to make similar applications and that ‘the potential cumulative impact of such ad hoc applications’ had not been considered.
The court also ruled that Mr Justice Eyre was wrong to exclude the Home Office, and granted the department permission to intervene.
The case concerns the Bell Hotel, which has housed asylum seekers intermittently since 2020.
On 8th July, police investigated an alleged incident involving a hotel resident, after which protests and counter-demonstrations began on 13 July.
Those protests were fuelled by far-right groups and opportunistically instrumentalised by Nigel Farage and his Reform UK party, among others.
Epping Forest District Council sought an interim injunction on 12 August, which was granted on 19 August ordering removals by 12 September.
The Home Office sought permission to appeal on 22 August, the hotel owner obtained permission on 26 August, and arguments were heard this week before yesterday’s ruling.
Hotels have been used to accommodate asylum seekers since 2020 because of a large case backlog and a shortage of long-term housing.
Under the Immigration and Asylum Act 1999 the Home Secretary must provide accommodation to destitute asylum seekers while claims are decided.
Provision includes initial accommodation while cases are processed and dispersal accommodation for longer-term placement across the UK.
The temporary injunction is now set aside, and the status quo will continue pending the substantive hearing in October.
