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

Executive Director of Place

Hounslow London Borough Council
£159,840 - £186,282
We are now seeking a new Executive Director of Inclusive Growth & Place to lead this bold agenda Hounslow (City/Town), London (Greater)
Recuriter: Hounslow London Borough Council

Revenue Services Support Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£28377 - 36969 per annum
We have a vacancy in our Rent Collection Service and are looking for a capable and ambitious individual to join Richmond and Wandsworth Council’s Better Service Partnership. You will be a team player, articulate and organised and help play a central rol Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Benefits Assessment Officer

West Northamptonshire Council
£34203 - £37067
Join West Northamptonshire Council and help make our community a great place to live, work, and thrive. As a Benefit Assessment Officer, you’ll play a vital role in supporting residents by ensuring Housing Benefit and Council Tax Reduction claims are pr Northampton
Recuriter: West Northamptonshire Council

Head of Facilities Management

Redbridge London Borough Council
£89,037 - £92,538
Our borough is beginning a huge transformation. With ambitious regeneration plans, a need for new infrastructure, Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council

Head of Community Protection, Licensing and Regulatory Services

Redbridge London Borough Council
£competitive
This is your chance to be part of a new management team with a mandate for change and a shared sense of purpose. Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council
Linkedin Banner