The High Court in London has recently ruled that the UK has been unlawfully accommodating unaccompanied asylum-seeking children in hotels on a "systematic and routine" basis for over a
year. The court upheld a legal challenge brought by Every Child Protected Against Trafficking (ECPAT) against the Home Office concerning the treatment of unaccompanied children seeking asylum, many of whom have arrived in the country by crossing the English Channel from France in small boats.
ECPAT alleged that the Home Office had been unlawfully housing these children in hotels and had also reached an unlawful agreement with Kent County Council, the local authority responsible for most asylum seekers' arrival, to only accept a limited number of children. The court found in favor of ECPAT, ruling that the practice of accommodating children in hotels outside of local authority care became systematic and routine starting from at least December 2021. This, according to the judgment, exceeded the Home Secretary's powers and was deemed unlawful.
While the court recognized that there may be situations where asylum-seeking children can be temporarily accommodated in hotels due to true emergency circumstances, it stressed that such practices should be limited and strictly for short periods. The ruling sends a clear message that the Home Office's provision of hotel accommodation for unaccompanied asylum-seeking children had gone beyond acceptable limits and violated legal obligations.
The Home Office has not provided an immediate comment on the ruling, leaving the issue open to further scrutiny and potential responses from the government. The court's decision has raised concerns about the treatment and welfare of vulnerable children seeking refuge in the UK, as well as the adherence to statutory child welfare frameworks and duties by both central and local government departments.
ECPAT's CEO, Patricia Durr, emphasized that the ruling serves as a vital reminder that the rights and protection of all children, including unaccompanied asylum seekers, must not be compromised or neglected by the authorities. The case has shed light on the need for careful and compassionate handling of such cases, ensuring that the best interests of the children remain a top priority.
As the UK faces ongoing challenges regarding migration and asylum, this ruling highlights the importance of striking a balance between border control measures and the humane treatment of vulnerable individuals, especially children, seeking safety and protection within its borders. The ruling may prompt further scrutiny of the Home Office's practices and policies concerning the accommodation and care of unaccompanied asylum-seeking minors, potentially leading to adjustments and improvements to ensure compliance with legal obligations and the safeguarding of children's rights. Photo by DFID - UK Department for International Development, Wikimedia commons.