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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Policy and Reporting Officer (Grade H)

Nottingham City Council
£40,777 – £44,075
You will help ensure staff have access to clear and effective guidance that supports consistent and high-quality practice. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Practice Lead (Grade I)

Nottingham City Council
£46,142 - £49,282
This is an exciting opportunity for an experienced social worker Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Lead Child Protection Practitioner (LCPP) (Grade J)

Nottingham City Council
£51,356 – £54,495
You will promote best practice, support continuous improvement and help drive positive outcomes for children and young people. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Strategic Director of Corporate and Governance Services

Isle of Wight Council
Grade 19, from £115,794 to £124,441 per annum
This pivotal leadership role sits at the heart of our council and will give you an opportunity to truly influence organisational success Isle of Wight
Recuriter: Isle of Wight Council
Linkedin Banner