Housing children seeking asylum in hotels is a “safeguarding catastrophe” that has had “dangerous” consequences, the High Court was told.
The charity Every Child Protected Against Trafficking (ECPAT) is bringing legal action against the Home Office over the practice of housing unaccompanied youngsters in Home Office hotels, claiming that the arrangements are unlawful and “not fit for purpose”.
ECPAT’s case is being heard in London alongside similar claims brought by Brighton and Hove City Council and Kent County Council against the government department, which disputes the legal actions.
Martin Westgate, for the charity, said that more than 5,400 children had been housed in hotels since June 2021.
Mr Westgate told the court: “The consequences have been dangerous. Two hundred children remain missing. Thirteen of them are under 16 years of age.”
In joint written submissions, Stephanie Harrison, representing Brighton and Hove City Council, and Mr Westgate said that if the practice was found to be unlawful, there would be an “immediate need for an urgent lawful response and action to remedy the systemic illegality”.
They said: “It is the assessment of Brighton and Hove City Council that the arrangements for transfer and the use of hotels are totally inappropriate based on the experience of the known risks of children going missing, the inadequate arrangements for safeguarding children.”
The two barristers said that the experience of Brighton and Hove City Council – which has housed around 1,700 children since 2021 – “graphically illustrates the costs and resource consequences of these arrangements and safeguarding catastrophe that ensued and the ad hoc and wholly inadequate provision that was made”.
Miss Harrison and Mr Westgate later said that the hotel use only applies to newly arrived unaccompanied asylum-seeking children, who are “deprived of important support and protection at a time when they most need it”.
The legal challenge comes after more than 100 organisations – including ECPAT – urged Prime Minister Rishi Sunak earlier this year to stop using hotels and instead place them with specialist local authority teams.
Deok Joo Rhee, for the Home Office and Department for Education, said in written submissions that hotel use was lawful, but “not sustainable”.
She said: “The Home Office agrees that the current situation whereby unaccompanied asylum-seeking children are waiting for a permanent placement and out of necessity being accommodated in hotels while local authority accommodation is identified is not sustainable.”
The barrister said that the use of hotels was “deployed effectively as a ‘safety net’ and as a matter of necessity” rather than being seen as an “acceptable alternative”.
Miss Rhee said: “It is in this sense a ‘necessary’ step that is being taken so as to ensure that no unaccompanied asylum-seeking child is left without any shelter at all and that steps can be taken to move them into a care placement.”
She added that ECPAT “proffers no concrete solution to the very real and immediate challenges that are faced”.
The hearing before Sir Martin Chamberlain, known as Mr Justice Chamberlain, was due to finish yesterday (Friday 21 July), with a decision expected at a later date.
Are these real children or bearded ones?