Jemma Crew
Reporting from court

The Court of Appeal has overturned a High Court ruling made last week.

That earlier ruling had said the Bell Hotel must be cleared of asylum seekers by 16:00 BST on 12 September.

Today’s decision means they can stay.

But don’t forget – this isn’t the end of the matter.

Epping Forest District Council’s claims that the hotel is operating unlawfully - denied by its owners – will be heard at a full hearing listed for mid-October.

So in about seven weeks expect to hear more developments as the matter is addressed in court once more.

Image source, EPA

The government has responded to the Court of Appeal ruling, repeating its pledge to stop using hotels as accommodation for asylum seekers by the end of this Parliament.

In a statement, Border Security and Asylum Minister Dame Angela Eagle says the Home Office launched its appeal so hotels like the Bell, in Epping, could be "exited in a controlled and orderly way".

She says this "avoids the chaos of recent years that saw 400 hotels open at a cost of £9m a day".

Labour inherited a "broken system" from the Tories, she adds, and says the number of hotels used for asylum seekers has "almost halved" since its peak in 2023.

The government is also "working hard to relieve pressure on the system" and "striking back at criminal people smuggling gangs at every stage," she adds.

She adds that Labour has given law enforcement "counter-terror style powers" to tackle people-smuggling, and is starting to detain people who arrive in small boats under its "groundbreaking deal" with France.

Image source, Getty Images

We've just seen a statement from the Leader of the Opposition Kemi Badenoch after the Home Office won their case.

In a statement on X, Badenoch calls the ruling "a setback".

She adds: "The fact remains that asylum hotels are a choice."

As a reminder, the government has to set out its plan to stop use of asylum hotels by 2029.

She goes on to say that Prime Minister Sir Keir Starmer "puts the rights of illegal immigrants above the rights of the British people".

Badenoch asserts that the Tories will keep working with councils and communities, including Epping, following the judgement.

We're now hearing from Lisa Foster of Richard Buxton Solicitors, who represent Somani Hotels. She says they are "pleased" with the courts ruling that asylum seekers can stay at the Bell Hotel.

She adds that Somani Hotels, who own the Bell Hotel, "realise that they have been caught in the middle of a much wider debate on the treatment of asylum seekers".

Somani Hotels' lawyers ask that members of the public "understand that the Bell Hotel has simply been providing a contracted service that the government requires".

“We now ask that all associated with the Bell Hotel are left alone to continue to support the government’s asylum plans as best they can," Foster says.

She concludes: “We are grateful to the Court of Appeal for appreciating the urgency of the matter from everyone’s point of view and dealing with the matter so swiftly. We have no further comment and will not be commenting on the matter again."

Jemma Crew
Reporting from court

It’s been less than an hour since I heard the knock on the courtroom door signalling three Court of Appeal judges were about to enter.

Within about half an hour, Lord Justice Bean finished his address, and the courtroom started emptying.

Most of the room have now filed out – with the exception of a few journalists such as myself still typing up our notes.

Stay with us as we bring you reaction to the decision.

Government's fears eased, but there's still a danger for ministerspublished at 14:45 British Summer Time 29 August

14:45 BST 29 August

Harry Farley
Political correspondent

That went about as well for the government as it could have done.

Their fears that – had the injunction been upheld – other councils would have launched similar legal challenges will be eased.

But there is still a danger for ministers here. In order to uphold their legal duty to protect asylum seekers, they have had to argue in favour of using hotels to house them.

Robert Jenrick, the Conservative’s shadow justice secretary has already posted: “Starmer’s government has shown itself to be on the side of illegal migrants who have broken into our country.”

For a government already under pressure over small boats crossing the Channel, that is a difficult position to be in.

An important win for the Home Officepublished at 14:37 British Summer Time 29 August

14:37 BST 29 August

Dominic Casciani
Reporting from court

Image source, PA Media

On a strictly legal level this is a really important win for the Home Office - and to all intents and purposes it resets the situation.

The Court of Appeal seriously criticised the judge who issued the order to clear the hotel, saying that while he had lawfully taken into account the fear of crime in Epping, he had failed to take into account that the order could encourage protest and was not necessary given that the council’s full claim against the hotel would be heard within weeks.

The lifting of the injunction acknowledges that ministers have a legal duty, set by Parliament, to keep asylum seekers off the streets.

In practical terms, it gives them the space to plan what they pledge is going to be a progressive close-down of the hotel programme before the next general election.

But this is all at a political cost.

The prevailing narrative this summer has been against the government and while it is trying to emphasise the bigger picture - and has won that argument here in court - for some this will look like a national Goliath thumping a local David to get its way.

That is not a good look - but it may be one ministers have to uncomfortably wear for now.

Jemma Crew
Reporting from court

Appeal court judges overturn the High Court injunction ordering asylum seekers to be cleared from the Essex hotel.

Lawyers for the Home Office and the Bell Hotel in Epping had brought a challenge over a previous ruling stopping migrants from living at the venue.

The court says the Epping residents fear of crime was properly taken into account. It is outweighed by the undesirability of incentivising protests and the desirability of maintaining the status quo, before the case is fully heard in October.

• We'll have analysis from our legal correspondent Dominic Casciani in the next few moments

Jemma Crew & Dominic Casciani
Reporting from court

Lord Justice Bean says the Home Secretary Yvette Cooper can intervene in the case.

He says the earlier High Court judge failed to take into account the home secretary’s right to take part.

In particular he failed to hear arguments about the challenge of relocating a significant number of asylum seekers.

“The judge denied himself the opportunity to consider the wider public interest factors,” he says.

Jemma Crew & Dominic Casciani
Reporting from court

Lord Justice Bean says the Court of Appeal takes as its starting point that an injunction is discretionary.

It is our role to interfere in that decision only if we identify an error in law, a gap in logic or a failure to take into account relevant factors, he says.

He adds the High Court judge who issued the injunction made a number of errors that “undermine his decision”.

Jemma Crew & Dominic Casciani
Reporting from court

Lord Justice Bean grants the home secretary's application for permission to appeal, and grants the home secretary intervenor status.

Lord Justice Bean says: "The home secretary has clear statutory duties to asylum seekers under 1999 legislation. These include a duty to provide support to them and prevent destitution.

"Given these duties in addition to her constitutional role relating to public safety the Home Secretary is plainly directly affected."

Jemma Crew & Dominic Casciani
Reporting from court

Image source, BBC Pool

More background now on the history of the hotel’s use for accommodating asylum seekers.

Somani Hotels applied for planning permission during the second period. But, Lord Justice Bean said the council did not deal with its application for “over a year”.

The asylum seekers then moved out - and Somani Hotels withdrew its application.

Somani Hotels then entered into a new contract, and in April 2025 it re-opened to provide accommodation. The council said it would have to seek permission.

Somani Hotels, on advice from the Home Office, said it would not be submitting an application for a temporary change of use. The council did not reply.

On 9 August, the council without notice issued injunction proceedings against Somani Hotels.

Since 8 July there has been largely continuous protests outside the hotel, following an allegation of sexual assault by one of its residents.

Jemma Crew & Dominic Casciani
Reporting from court

The judge is now setting out background facts. He says the Bell Hotel is situated on the outskirts of the centre of Epping and as we reported earlier, run by Somani Hotels.

It currently accommodates approximately 138 asylum seekers - the provision of this accommodation is under contract between Somani Hotels and CTM, a company contracted by the Home Office.

It is the third time the hotel has been used to accommodate asylum seekers. It was first used between May 2020 and March 2021, and then October 2022 to April 2024.

At no time during these earlier periods did the council take steps to restrain Somani from providing accommodation.

Jemma Crew & Dominic Casciani
Reporting from court

Lord Justice Bean says the temporary injunction, granted by the High Court, was to last for only a relatively brief period until the trial of the council’s claim before a judge.

This is listed for a date in mid-October.

He adds this case is not about the merits of the government’s policy of where to house asylum seekers.

Jemma Crew & Dominic Casciani
Reporting from court

Image source, BBC Pool

Lord Justice Bean is reading a summary of the panel’s judgement.

These are two linked applications for permission to appeal, says the senior judge. The first is brought by the home secretary and the second by Somani Hotels, which owns the Bell Hotel.

The appeals concern the temporary injunction granted to the council on 19 August. The injunction restrains Somani from using the Bell Hotel as accommodation for asylum seekers.

The council argues that Somani’s actions are in breach of planning law.

Jemma Crew & Dominic Casciani
Reporting from court

The three Court of Appeal judges have entered court to hand down their decision.

Lady Justice Nicola Davies, Lord Justice Bean and Lord Justice Cobb are sitting in a row at the front of the room.

My colleague Dominic Casciani and I are here and will bring you their remarks shortly.

As a reminder that you can follow along by clicking Watch live at the top of this page.

Dominic Casciani
Reporting from court

The Court of Appeal’s task is legally quite simple.

But whichever way it rules, this case about where to put just 138 men could have wide-ranging political implications for the future of the Home Office’s asylum policy.

Ministers want the order to clear the Bell Hotel by the 12th of September lifted because they are under a legal duty from Parliament to keep asylum seekers off the streets - and its in the public interest for the Home Office to be left to best manage asylum accommodation.

Clearing this one establishment would damage a plan to end hotel use in four years, they argue.

Epping Forest District Council says it fears for the safety of children who are soon returning to school, following weeks of on-off protests.

Jemma Crew
Reporting from court

I'm in the Court of Appeal with a handful of journalists who have arrived early ahead of the afternoon's ruling.

We are in one of its more modern courtrooms, with rows of light wood benches, and books lining the walls.

In front of us will be the legal teams representing the Home Office, hotel group and local authority involved in the case.

We're all waiting for a decision from the three senior judges this afternoon - any time from 14:00.

Stay with us and we'll bring you the latest.

Lewis Adams
Reporting from Essex

You would have been hard-pressed to find anyone outside of Epping who had heard of the Bell Hotel a few weeks ago.

Yet now the building in this leafy Essex town has become a reluctant symbol of the political tension surrounding immigration.

Regardless of their views on the topic, many locals have told the BBC of their discomfort at having their home town thrust under the national spotlight.

Thousands have been protesting outside the hotel in recent weeks after an asylum seeker living there, Hadush Kebatu, was charged with sexually assaulting a 14-year-old girl. He denies the charges.

They will be hoping today’s outcome moves towards restoring the calm environment Epping is so used to.

James Bryant
Reporting from the Bell Hotel

I’ve just turned up at the Bell Hotel on the High Road in Epping to find the hotel signage has been covered up or removed, with many elements around the hotel now daubed with spray painted St George’s red cross.

A couple of police have turned up in the last few minutes.

Mirrored on the opposite side of the road by two protesters wielding a single Union Jack flag, supported occasionally by the passing pips of a car horn.