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NextImg:Asylum seekers can stay in hotel after injunction overturned in bombshell ruling

A temporary injunction to block asylum seekers from being housed at the Bell Hotel in Epping has been overturned by the Court of Appeal.

Senior judges tore into a previous legal ruling that would have stopped the Bell Hotel in Epping being used to put up migrants and overturned the ruling that would have forced them out by September 12.

Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said the Home Office was also granted the right to appeal as the previous judge made an "erroneous" decision not to let the department be involved.

It comes after the local council won a temporary injunction to shut the hotel to asylum seekers in the wake of widespread protests.

Keir Starmer has vowed to close all asylum hotels by 2029, but the Home Office says the process must be carefully managed - with the original decision triggering concerns it could pave the way for bids from other councils across the country.

Follow live updates below...

Tory shadow minister says Britain has 'full-blown border crisis'

Shadow home secretary Chris Philp - who served as a Home Office minister when in governement - said the Epping case had "seen the Labour Government using the courts against the British public".

He said: "The Government even brazenly said in court that the rights of illegal immigrants were more important than the rights of local people. The numbers in asylum hotels were dropping fast before the election - but have risen since because Labour has lost control of our borders.

"We need a proper deterrent so that all illegal immigrants are immediately removed on arrival. Then no-one would bother crossing in the first place. We had a plan to do this - the Rwanda plan - but Labour scrapped it just before it was due to start.

"As a result, numbers crossing the channel are now the worst ever. We have a full-blown border crisis and public-safety crisis - but this Government is too weak to take the action needed to fix it."

Protester gather outside the Bell Hotel after ruling

Protesters have begun to gather outside the Bell Hotel in Epping after the Court of Appeal ruling.

A small number of demonstrators carrying England and Union flags have gathered outside the hotel, with police officers guarding its entrance - which is gated off with metal fencing.

An England flag has been attached to a drain pipe on the side of the Bell Hotel and England flags have also been painted onto signs and a speed camera outside the hotel.

Epping council leader calls decision 'bad news' - and calls for calm

Chris Whitbread, the leader of Epping Forest District Council, as said the decision is "really bad news" and that he's "really concerned for the future of the town".

"I'm just very deeply disappointed and it's really bad news for the local residents of Epping," he told Times Radio. "We saw yesterday the government say that asylum seekers have more rights than my residents. I'm really cross with this ruling. O

"bviously we'll now reflect on where we are. Obviously we're still going to court in October to go for a final injunction and we will be pushing hard to make sure that's successful, but we will do everything we can still."

In a message to residents, he called for "calm". "There's been peaceful protests and there's been non peaceful protests outside the hotel. You saw that as part of our case. But I just call for residents to be calm."

Epping Tory councillor criticises ruling

Shane Yerrell, Tory councillor for Epping Forest District Council, said the government should “hang their heads in shame”.

Mr Yerrell, who said he is friends with the father of a girl allegedly sexually abused by one of the residents, said she is unable to leave the house because she is so worried. He said: “This decision is disgusting. Children have been followed by school. There’s no thought for them. Where’s the consideration?

“How can you say they should stay there - this decision will cause chaos. Why did the Home Secretary not step in before? How many other incidents will happen in that time? The kids go back to school next week. If anything else happens to a child, that’s on the government heads.

“I am hurt by this. Everybody is hurting. People need to stop pulling out the race card. It’s wrong. People will now be here protesting because there’s no much upset. Local mums do not want their children to go back to school.”

He said the family of the alleged victim were upset. He said: “School children are frightened. I feel so angry. I would stay to people, stay calm. I fear it will now get violent.”

Epping residents express fury at decision

Residents living near the hotel have expressed their fury at the decision to allow the Home Office to appeal and have vowed to increase protests outside in a fresh demand to have them removed.

Mum and protest organiser Sarah White, 40, said demos would continue for weeks. She said: “We are outraged by the decision. This sends a deeply troubling message to our community: that the rights of asylum seekers are being placed above the rights of the residents who actually live here.

“We are especially concerned that many of the men being housed here are undocumented, and some have already been arrested for crimes of sexual harassment against young women and children in our community. This is unacceptable and raises serious questions about public safety and accountability. As residents, we feel abandoned. Our community will not stay silent.”

Refugee Council says reality of asylum hotels is 'untenable'

Reacting to the overturning of the injunction, Refugee Council chief executive Enver Solomon said while the Government was successful in its appeal, the reality of using hotels to house asylum seekers is "untenable".

He said: "Waiting until 2029 to end their use is no longer an option. As long as hotels remain open, they will continue to be flashpoints for protests, fuelling division and leaving people who have fled war and persecution feeling unsafe.

"Through our frontline work we see how refugees housed in neighbourhoods, rather than isolated in hotels, are able to rebuild their lives, enter training or work, and contribute to the local economy."

The refugee charity urged ministers to adopt a "one off" scheme granting temporary permission to stay to asylum seekers from countries most likely to be recognised as refugees as a way to close hotels by next year, according to its own analysis.

Tories slam decision from court

The Tories are straight out the blocks to criticise the decision.

Conservative leader Kemi Badenoch says the ruling is a "setback but it is not the end". She accuses Keir Starmer of putting "the rights of illegal immigrants above the rights of the British people".

Shadow Justice Secretary Robert Jenrick, who was severely criticised for attending an anti-asylum hotel at the Bell hotel this month, called the judgment an "extremely disappointing decision".

The former immigration minister, who oversaw asylum hotels when he was in Government, said: "Yvette Cooper used taxpayer money - your money - to keep open a hotel housing illegal migrants."

What does the ruling mean?

In summary, asylum seekers can remain in the Bell hotel in Epping.

A previous temporary injunction that orderd asylum seekers to be removed from the hotel by September 12 has now been overturned.

The judge has granted an application by the Home Secretary Yvette Cooper and Somani Hotels - which owns the Bell Hotel in Epping - to appeal the injunction, and has "set aside" the previous injuction.

Home Secretary Yvette Cooper (
Image:
PA Wire)

Government wins appeal

The Government and Somani Hotels - which owns the Bell hotel - has won its bid to be able to appeal a temporary injunction to block asylum seekers from being housed in the hotel in Epping.

"We grant permission to appeal, both to Somani and to the Home Secretary, against the grant of the interim injunction. We allow the appeals and we set aside the injunction imposed on 19 August 2025," the judge says.

A number of errors of judge in granting injunction

The Court of Appeal judge rules that "a number of errors" were made by the judge who granted a temporary injunction which is set to block asylum seekers from being housed at the Bell Hotel in Epping, Essex.

He said the Home Office not having been involved in the last proceedings meant the Home Secretary's statutory duty under Article 3 of the European Convention on Human Rights was not pursued in the case.

"We conclude that the judge made a number of errors of principle which undermine his decision the wider picture," the judge says.

He says the judge's approach "ignores the obvious consequence that closure of one site means that capacity needs to be identified elsewhere in the system". He also said the judge did not consider that granting an injunction "runs the risk of acting as an impetus or incentive for further protests".

Previous judge's 'erroneous finding'

The judge says that the court is granting the Home Secretary's "application for permission to appeal against the decision". He says Yvette Cooper has "clear statutory duties towards asylum seekers".

He is talking about Ms Cooper being excluded from the previous injunction proceedings.

The court of appeal judge is talking about the judge who granted a temporary injunction last week that would mean all 138 asylum seekers will need to be moved out of the Epping hotel. He says this judge "failed" to give a wide interpretation of how Ms Cooper is "plainly affected by the issues in this case".

He says this "led to his erroneous finding that the Home Secretary's application should be refused".

Background to case set out before judgment

The arguments and background of the case are being read out ahead of the judgment.

The court hears that Epping council argues that Somani Hotels, which owns The Bell Hotel, is in “breach of planning law”. In setting out the background to the case, the judge says the council did not take action to restrain Somani from providing accommodation at the hotel for asylum seekers during set periods.

The court hears that this changed this year. The judge says that this month documents were formally served by the council, which argued that "the current use of the hotel does not amount to use as a hotel, which is the permitted use of the premises for the purposes of planning control".

The judge also refers to the "temporary" injunction relating to the hotel and says a plan had been set out for a mid-October trial date to decide a permanent injunction.

Judgment is imminent

Senior judges are announcing their judgment now - you can watch live above.

Why did Epping protests start?

Protests kicked off outside a hotel housing asylum seekers in Epping last month after a man from Afghanistan was charged with allegedly sexually assaulting a 14-year-old girl.

Demonstrations have continued over the summer. Anti-immigration demonstrators - some wearing hoods, others with face coverings and carrying English flags - continued to protest outside an asylum hotel last night.

Flares were let off in scenes which one protesters admitted threatened to turn ugly. They said: "It's all kicking off... We are so angry. We won't stop." Police were also present at the scene, it is understood.

Read the full story here.

13 councils to jump on ruling to remove asylum seekers

The Home Office, in its appeal, yesterday argued that blocking asylum seekers from being housed in the Epping hotel could spark similar action around the country.

After the court initially ruled against migrants being housed there, Nigel Farage claimed that all councils controlled by Reform UK will "do everything in their power" to block asylum hotels being set up in their areas.

The Mirror takes a look at the 13 councils that might jump on a ruling to remove asylum seekers.

Farage exposed for hypocrisy on Taliban

Nigel Farage has been accused of fanning the flames amid tensions and protests around asylum hotels. Critics accused him of using the asylum hotels issue for his own political gain.

The Reform UK leader has spent the summer seeking to link crime to migration as part of his 'Lawless Britain' campaign. This week he unveiled draconian mass deportation plans - which could include him paying the Taliban money to take back migrants.

It is despite Nigel Farage previously branding dealing with the Taliban “a huge mistake”, as revealed by The Mirror today. Read the full story here.

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Image:
Getty Images)

How many asylum seekers are in hotels?

According to Home Office figures there were 32,000 asylum hotels living in hotels at the end of June - down from over 56,000 under the Tories in 2023.

The Labour government has managed to bring down numbers significantly since coming to power. But ministers have been warned that their ultimate goal to shut them by 2029 is going to be difficult to meet.

The Refugee Council has warned that Keir Starmer's current timeline to close hotels is "unsustainable". Its anaylsis shows asylum hotels could be shut within a year if people from five countries are given limited leave to stay. In a report published earlier this week, the Council urged the Government to bring in a one-off scheme granting people from Afghanistan, Syria, Eritrea, Sudan and Iran limited leave to stay - as long as they pass security checks

Read the full story here.

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Image:
Getty Images)

Reason thousands of England flags are up streets

Thousands of St George flags were put up in towns, cities and villages this week - and some of them were pulled straight down sparking a huge row with local councils.

Flags were taken down by a number of local authorities this week, including Tower Hamlets in east London as well as Birmingham, after campaigners attached them following an online movement called "Operation Raise the Colours".

HopenotHate claim that some of those linked to the activism are hardened and extreme far-right activists. Britain First claims to have provided many of the flags in the North West.

The Mirror takes a look at the story behind the flags.

Rylan Clark faces backlash

Rylan Clark rolled back on a rant about migration after provoking an angry backlash.

The TV star said there was "something wrong" with the way small boat arrivals are treated during an appearance on ITV's This Morning on Wednesday.

Rylan, 36, said there was a narrative that people who cross the Channel are told "welcome, come on in". And he said many believe asylum seekers are given free phones and iPads - although the reality is much more complex.

The Mirror has fact-checked Rylan's rant - read the full story here.

Rylan Clark has issued a powerful message on immigration (
Image:
ITV)

Why is the Government appealing the decision?

If Keir Starmer has vowed to close all asylum hotels by 2029, then why are the Home Office appealing to keep the Epping one open?

The Home Office says the process of shutting down asylum hotels must be carefully managed. This is for a range of reasons, including capacity issues and human rights laws.

Yesterday's court hearing on the Home Office's appeal saw government lawyers lay out their arguments why the Epping hotel shouldn't be suddenly closed, from warnings about it triggering more protests, ro the councils arguments.

When will we get a decision?

Judges are aiming to hand down their ruling at 2pm today - however this is an ambition and not necessarily set in stone.

At the end of a hearing on Thursday, Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said that they would hand down their judgment on Friday afternoon. He said: "Because of the great urgency of this matter, we will aim to give judgment at 2pm tomorrow."

What is the court ruling on?

The Government was rocked last week when the High Court ruled the Bell Hotel in the Essex town had to shut to migrants by September 12. Epping Forest District Council had argued that planning rules were not properly followed. The decision paved the way for likely challenges from other town halls across the country.

Government lawyers have appealed the decision. Today, three senior judges will rule on whether to overturn the temporary injunction.