The Home Office and Somani Hotels, which owns the Bell Hotel, have successfully challenged a High Court ruling. Today’s hearing saw both parties win the right to appeal, before also winning the appeals themselves.
Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, quashed an earlier injunction granted to Epping Forest District Council, saying: “We allow the appeals and we set aside the injunction imposed on 19 August 2025.”
This means asylum seekers will stay in the accommodation in Essex past 12 September. There are currently 138 asylum seekers being housed at the hotel.
Last week, the initial court ruling centred on the change in use of the premises without consent from the local authority.
But after the Home Office argued its case – which involved stating it had the right to appeal – judges have backed the government’s side.
Lord Justice Bean laid out a litany of errors made in the initial injunction, saying it was “seriously flawed in principle”.
“The judge’s approach ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system,” he said.
Referencing the demonstrations outside the Bell Hotel – which took place in the lead-up to the injunction being granted – Justice Bean continued: “If an outbreak of protests enhances the case for a planning injunction, this risks an impetus for further protests some of which may be disorderly surrounding asylum accommodation.
“At its worst, if even unlawful protests are to be treated, there is a risk of further lawlessness.”
The decision avoids a precedent for other councils to appeal against asylum hotels in their areas.
Epping Forest District Council had asked for the injunction after the Bell Hotel became the focal point of several protests and counter-protests. It claimed its owner, Somani Hotels, had breached planning rules.
Mr Justice Eyre had said that while the council had not “definitively established” that the company had breached planning rules, “the strength of the claimant’s case is such that it weighs in favour” of granting the injunction.
Regular protests have been held outside the Bell Hotel since an asylum seeker housed there was accused of sexually assaulting a 14-year-old girl in July.
Hadush Gerberslasie Kebatu, 38, denies two counts of sexual assault, one count of attempted sexual assault, one count of inciting a girl to engage in sexual activity, and one count of harassment without violence.
His trial has been taking place this week and verdicts are expected at Chelmsford Magistrates’ Court on 4 September.
Epping Council responds to latest ruling
A councillor for Epping said the “battle is not over” after the Court of Appeal ruling.
Speaking outside the London court, Ken Williamson, said: “We are deeply disappointed by the outcome of today’s hearing.
“The concern and motivation of Epping Forest District Council throughout has been the wellbeing of our local residents, where we had clarity and resolution, we now have doubt and confusion.”
“The battle is not over and we will continue the fight,” he added.
The council could still be granted an injunction following a full hearing of the legal claim, which is due to be heard in October.
