William Eichler 27 July 2023

‘Systematic’ housing of child refugees in hotels unlawful

‘Systematic’ housing of child refugees in hotels unlawful image
Image: Alfa Net / Shutterstock.com.

Kent County Council has acted unlawfully by failing to accommodate and look after all unaccompanied children seeking asylum, the High Court has ruled.

The charity Every Child Protected Against Trafficking (ECPAT) brought legal action against the council and the Home Office over the practice of housing refugee children in hotels.

Housing unaccompanied children in hotels is acceptable ‘over very short periods in true emergency situations’, according to the court. However, this power cannot be used ‘systematically or routinely’.

In his ruling, Mr Justice Chamberlain said that the use of hotels had become ‘systematic and routine’ and had become ‘an established part of the procedure for dealing with UAS [unaccompanied asylum-seeking] children.’

Mr Justice Chamberlain also said that Kent CC had accepted some children into care while ceasing to accept unaccompanied children seeking asylum, which was a violation of its duties under the Children Act 1989.

Earlier this month, Kent County Council warned that the number of UAS children in its care was putting a ‘wholly disproportionate’ strain on its children’s service.

A Home Office spokesperson said: 'The High Court has upheld that local authorities have a statutory duty to care for unaccompanied asylum-seeking children. We have always maintained that the best place for unaccompanied children to be accommodated is within a local authority.

'However, due to the unsustainable rise in illegal Channel crossings, the government has had no option but to accommodate young people in hotels on a temporary basis while placements with local authorities are urgently found.

'In light of today’s judgment, we will continue to work with Kent County Council and local authorities across the UK to ensure suitable local authority placements are provided for unaccompanied children, in line with their duties.'

Kent County Council has been contacted for comment.

SIGN UP
For your free daily news bulletin
Highways jobs

Deputy Manager, Supported Accomodation Service

Durham County Council
Grade 11, £42,123 - £46,579 per annum
Be the Difference. Build Futures. Change Lives. Every young person deserves someone who believes in them. Someone who sees their potential, celebrate Durham
Recuriter: Durham County Council

Head of Children's Social Care

Durham County Council
£139,874 per annum
At Durham County Council, we are ambitious for our children, young people and families. We are committed to ensuring every child is safe, supported an Spennymoor
Recuriter: Durham County Council

School Crossing Patrol

Durham County Council
Grade 1 £3,781 (approx.) £13.27 per hour
Join our School Crossing Patrol Service!   Are you punctual and reliable? Do you have good communication skills and a strong sense of community spirit Peterlee
Recuriter: Durham County Council

School Crossing Patrol

Durham County Council
Grade 1 £4,180 (approx.) £13.27 per hour
Join our School Crossing Patrol Service!   Are you punctual and reliable? Do you have good communication skills and a strong sense of community spirit Newton Aycliffe
Recuriter: Durham County Council

Two Enhanced Teaching Assistants - EYFS

Durham County Council
£27,274 - £29,542
Temporary Contract until 31/08/2027 Full Time - 37 hours per week Term Time Only + 2 weeks Required to start Monday 4th January 2027.   We are looking Durham
Recuriter: Durham County Council
Linkedin Banner