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

Director of Public Health

North Tyneside Metropolitan Borough Council
£105,467 pa
North Tyneside has ambitious plans for the people and places across the borough. North Tyneside, Tyne and Wear / Any Location
Recuriter: North Tyneside Metropolitan Borough Council

Principal Licensing Officer

Bromsgrove and Redditch Councils
£43,693 - £46,731 (Grade 9)
Worcestershire Regulatory Services (WRS) are recruiting to the post of Principal Licensing officer. Bromsgrove, Worcestershire
Recuriter: Bromsgrove and Redditch Councils

Employment Vetting Officer

Essex County Council
£26090.00 - £30693.00 per annum + pension
Employment Vetting OfficerFixed Term, Full Time£26,090 to £30,693 per annumLocation
Recuriter: Essex County Council

Quality Improvement Officer

Royal Borough of Greenwich
£34,416 - £35,448
Your primary role will be to provide administrative support to frontline staff. Greenwich, London (Greater)
Recuriter: Royal Borough of Greenwich

Senior Support Worker

Sandwell Metropolitan Borough Council
Band D, SCP9 - 17 (£26,409 - £30,060) per annum
We have an exciting opportunity to join a bespoke service within adult services. Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council
Linkedin Banner