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.

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Social Worker - Adoption Mid Essex

Essex County Council
£36124.0000 - £51834.0000 per annum
Social Worker - Adoption Mid EssexPermanent, Full Time - 37 hours per week£36,124 to £51,834 per annum Location
Recuriter: Essex County Council

Senior Social Worker - Learning Disability & Autism

Essex County Council
£48205.0000 - £57988.0000 per annum + Flexible Working, Hybrid Working
Senior Social Worker - Learning Disability & AutismPermanent, Full Time£48,205 to £57,988 per annumLocation
Recuriter: Essex County Council

Finance Officer - Income Collection

Essex County Council
£25959.0000 - £28621.0000 per annum
Finance Officer - Income CollectionFixed Term, Full Time£25,959 to £28,621 per annumLocation
Recuriter: Essex County Council

Democratic Services Officer

Essex County Council
£30295.0000 - £35641.0000 per annum
Democratic Services OfficerSecondment, Full Time£30,295 to £35,641 per annumLocation
Recuriter: Essex County Council

Democratic Services Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£47,730 - £57,837
Democratic Services Officer
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner