The council’s leader said that he will continue to call for the closure of the hotel
15:27, 13 Mar 2026Updated 15:30, 13 Mar 2026
Protesters outside the Bell Hotel(Image: PA)
Epping Forest District Council (EFDC) has lost a Court of Appeal bid to challenge a High Court ruling dismissing its attempt to stop an Essex hotel from being used to house asylum seekers. The Bell Hotel became the focal point of protests last summer after a resident was charged and later convicted of sexual assault against a woman and a teenage girl. Ethiopian national Hadush Gerberslasie Kebatu was sentenced to 12 months in prison in September, before being mistakenly released from jail and has since been deported.
The council wanted to appeal against Mr Justice Mould’s decision in November last year not to grant an injunction blocking the hotel’s owner, Somani Hotels, from accommodating asylum seekers at the hotel. But in a judgment on Friday, two Court of Appeal judges said the appeal could not go ahead.
Lady Justice Andrews and Lord Justice Holgate said the High Court judge did not “duck the issue” related to planning law and that EFDC’s appeal was “unarguable”. They continued: “There is no arguable basis for criticising the judge’s reasons for refusing to exercise his discretion to grant a declaration, whether as a matter of general approach or in the circumstances of this case.”
The two judges said EFDC had criticised the judge, claiming he had given greater importance to the Home Office’s legal duty to accommodate asylum seekers, describing the criticism as “hopeless”. Lady Justice Andrews and Lord Justice Holgate continued: “The need to provide accommodation for persons present in this country, whether as asylum seekers or otherwise, is plainly capable of being a relevant planning consideration.”
The judges also said: “The court is only concerned with the legal issues raised by EFDC as to whether the judge’s decision is open to criticism on one or more of the grounds of appeal.” Somani Hotels and the Home Office had opposed the appeal bid, with lawyers for the department telling a hearing in March that EFDC was doing an “unjustified dis-service to the judge’s comprehensive analysis of the law”.
Philip Coppel KC, for EFDC, argued at the hearing that hotels had been used to house asylum seekers “without any planning consideration” and that “it is a matter of public and planning concern that, of course, goes wider than just the Bell Hotel episode”. The Bell was used to house asylum seekers from May 2020 to March 2021 and accommodated single adult males from October 2022 to April 2024, with the council taking no enforcement action.
It was then used for a third time and became the focal point of several protests and counter-protests last summer after an asylum seeker housed there was charged with sexually assaulting a teenage girl in Epping in July. EFDC successfully sought a temporary injunction blocking the use of the site last August, claiming the use of the site was a breach of planning rules.
But this was overturned by the Court of Appeal, which found the decision to be “seriously flawed in principle”. Mr Justice Mould then dismissed the council’s bid for a permanent injunction, finding the breach of planning rules was “far from being flagrant” and that it was “not a case in which it is just and convenient for this court to grant an injunction”.
Councillor Chris Whitbread, leader of Epping Forest District Council, responded to the decision, saying: “Today, the Council has received the devastating news that the the Court has refused us permission to appeal the decision taken by The Honourable Mr Justice Mould in November.
“We are angry and hugely disappointed by this outcome. I want to reassure residents that our priority remains with them and the protection of our communities across the district. This decision marks the end of a lengthy legal battle undertaken by the council on behalf of its residents in which we have fought Somani and the Home Office at each and every turn, over their inappropriate use of the Bell Hotel in Epping for asylum accommodation.
“I am shocked that the Home Office will continue to use this location to accommodate asylum seekers, especially given our neighbours in Broxbourne have only yesterday been informed that the Delta Mariott in Cheshunt will cease to be used to accommodate asylum seekers from June 2026.
“We may not have been successful, but this is evidence that we have changed the debate around the Government’s use of hotels for housing asylum seekers. The number of hotels in use has reduced approximately by half and without Epping having taken this action it is doubtful that this would be the case.
“This decision represents the end of the court process for challenging the use of the Bell Hotel as asylum accommodation. Despite the disappointment our residents will feel, we will continue to monitor the situation closely. We will use all powers available to us, working with the police and partners, to support Epping, its residents, and protect community safety.
“I will continue to use every opportunity to call for what our residents want and once again appeal to the Home Office to do the right thing and close the Bell Hotel in Epping. I want to thank everyone for their patience and understanding while these legal processes have taken place. We remain committed to ensuring Epping remains a safe and welcoming place for all.”