'Unlawful': Housing of lone child migrants in hotels condemned by High Court

The "routine" housing of unaccompanied child migrants in hotels has been ruled unlawful by the High Court, in another legal blow to the UK's illegal immigration policies.

Every Child Protected Against Trafficking, a charity which supports young asylum seekers, said the housing of children in hotels was a "scandal" which results in many going missing and being put at "risk of significant harm".

In a ruling on Thursday, Mr Justice Chamberlain said the use of hotels for unaccompanied asylum-seeking children has become unlawful, as the power to place the children in hotels “may be used on very short periods in true emergency situations”.

He told the court in London: “It cannot be used systematically or routinely in circumstances where it is intended, or functions in practice, as a substitute for local authority care.”

In a 55-page judgment, he said: “Ensuring the safety and welfare of children with no adult to look after them is among the most fundamental duties of any civilised state.”

Patricia Durr, chief executive of Every Child Protected Against Trafficking, said children should not be treated differently because of their immigration status, despite government lawyers claiming the practice was lawful as it was “deployed effectively as a ‘safety net’ and as a matter of necessity”.

“It remains a child protection scandal that so many of the most vulnerable children remain missing at risk of significant harm as a consequence of these unlawful actions," Ms Durr said.

The judge also condemned Kent County Council for failing to accommodate and look after unaccompanied asylum-seeking children.

He said: “In ceasing to accept responsibility for some newly arriving unaccompanied asylum seeking children, while continuing to accept other children into its care, Kent County Council chose to treat some unaccompanied asylum seeking children differently from and less favourably than other children, because of their status as asylum seekers.”

It comes after Home Office Minister Robert Jenrick ordered a unit for lone child asylum seekers in Kent to paint over murals he reportedly thought were too welcoming.

Artwork depicting Mickey Mouse and Tom and Jerry was removed from the unit, a move which sparked anger among asylum campaigners.

Labour peer Lord Dubs, who fled the Nazis as a child on the Kindertransport scheme, said it was a disgrace.

Questioning government claims the welfare of child migrants was taken seriously, he said: “How does that relate to the arrival centre in Dover which had cartoons and welcoming signs for children and which were ordered to be removed by the Home Office minister because it might make the children feel too welcome? Isn’t that a disgrace?”

The Kent intake unit is used by the Home Office to process unaccompanied children who have arrived in the UK without permission after undertaking the Channel crossing.

Hundreds of lone child migrants who were relocated to hotels have gone missing, according to numerous reports.

At a previous High Court proceeding, Martin Westgate KC, representing Every Child Protected Against Trafficking, said more than 5,400 children have been housed in hotels since June 2021.

"The consequences have been dangerous," he told the court, adding that hundreds of children had gone missing.

"Two hundred children remain missing, 13 of them are under 16 years of age," Mr Westgate said.

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Explaining his ruling on Thursday, judge Chamberlain said: “From December 2021 at the latest, the practice of accommodating children in hotels, outside local authority care, was both systematic and routine and had become an established part of the procedure for dealing with unaccompanied asylum-seeking children.

“From that point on, the Home Secretary’s provision of hotel accommodation for unaccompanied asylum-seeking children exceeded the proper limits of her powers and was unlawful.

“There is a range of options open to the Home Secretary to ensure that unaccompanied asylum-seeking children are accommodated and looked after as envisaged by Parliament.

“It is for her to decide how to do so.”