Asylum seekers cannot be blocked from staying in a Surrey hotel as the council believes it cannot currently pursue an injunction – unlike the action taken by Epping Forest District Council.
Residents and councillors have called on the government to stop its plans to house only male asylum seekers in the Stanwell Hotel, with some demanding it to return the facility ‘back to the community’.
Last week, a judge ordered Somani Hotels Limited to stop housing asylum seekers and remove those already at the Bell Hotel based on planning rules that it was not being used as a hotel.
The Home Office has appealed the judge’s decision in a bid to reverse the ban.
Speaking at a Stanwell Village Residents Group on August 26, Spelthorne’s council leader Joanne Sexton said preliminary legal advice has made clear the circumstances were materially different to those in Epping.
She said: “The early indication is that, unlike the situation in Epping Forest, an injunction is legally closed as an option for Spelthorne.”
Residents pressed the council to seek an injunction against the Home Office’s continued use of the Stanwell Hotel, citing concerns for safety policing levels and children returning to school. But Cllr Sexton explained Spelthorne lacked the legal foundation to pursue the same course.
She said: “At Epping Forest, the council had a documented history of attempted planning enforcement action from the early days of asylum seekers being housed there. By contrast, in Spelthorne, we welcomed our cohort of asylum seekers, which included families and single women.
Legal experts have advised that because Spelthorne did not challenge the initial use of the hotel for asylum accommodation, it cannot demonstrate the same pattern of resistance as with Epping Forest’s injunction.
Cllr Sexton added: “Therefore, all potential planning enforcement measures must be fully explored before an injunction can be considered.”
Spelthorne council is currently waiting for a formal response from the Home Office regarding the hotel and the wider situation in Stanwell. Cllr Sexton stressed the local authority remained committed to “exploring every available option to achieve the best outcome for the community”.
An extraordinary council meeting has been scheduled to discuss the issue further on Thursday September 4 at 7pm.
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