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.

Devolution and putting place first image

Devolution and putting place first

The real lesson of Andy Burnham's Makerfield success, argues Dr Jonathan Carr-West, is that place – not personality – is the key to Britain's future.
SIGN UP
For your free daily news bulletin
Highways jobs

Cleaner

Durham County Council
£24,796 (Pro Rata)
Permanent Contract - Part Time 10 hours per week 4.00pm to 6.00pm Monday to Friday. Whole Time. Required to start 1st August 2026.   Governors wish to Newton Aycliffe
Recuriter: Durham County Council

Social Worker MHSOP

Durham County Council
£35,412 - £39,152 / £40,777- £45,091 p.a. ( pro rata for part-time) i.e. grade 9 pre progression/grade 11 post progression (Pay Award Pending)
We are looking for a MHSOP Social Worker to join our Adult Care Service, supporting older people and adults with a physical disability.   WHAT IS INVO Durham
Recuriter: Durham County Council

Clerical Officer Receptionist

Durham County Council
Grade 3 £25,185 - £25,989 Pro rata (Pay award pending)
WHAT IS INVOLVED? We are looking to appoint a temporary (18 months) part time Clerical Officer/Receptionist within Business Services to provide a pr Newton Aycliffe
Recuriter: Durham County Council

Technical Assistant

Durham County Council
Grade 4
Durham County Council
Recuriter: Durham County Council

Learning Delivery Assistant

Durham County Council
Grade 7
Durham County Council
Recuriter: Durham County Council
Linkedin Banner