High Court rules government's plans to house asylum seekers in former military bases in Lincolnshire and Essex are legal
Campaigners had challenged the use of RAF Wethersfield in Essex and RAF Scampton in Lincolnshire
Last updated 6th Dec 2023
Council bosses who argued that Government plans to use land which once formed part of a famous RAF base to house asylum seekers should be quashed have lost a High Court fight.
West Lindsey District Council, in Gainsborough, Lincolnshire, argued that a decision to use land at the disused RAF Scampton airfield, where the Dambusters were based during the Second World War, was unlawful.
A High Court judge ruled against the council on Wednesday.
Mrs Justice Thornton had considered arguments at a recent High Court hearing in in London.
Braintree District Council in Essex had made a similar complaint in relation to plans for land that once formed part of RAF Wethersfield.
A local resident, Gabriel Clarke-Holland, also challenged plans for Wethersfield.
The judge also dismissed those claims, months after some people were moved into accommodation at the base following an unsuccessful legal challenge.
Ministers had argued that the claims should be dismissed.
At the time that began happening at Wethersfield in Essex, the Immigration Minister Robert Jenrick, said:
"Those individuals who have entered the UK illegally shouldn’t be given hotel accommodation at great expense to the taxpayer. That’s why our large disused military sites and vessels will provide basic and functional accommodation for small boat arrivals whilst we pursue their removal.
"We have committed substantial financial support to local councils and we remain committed to working with key stakeholders to ensure these sites have as little impact as possible for communities.
"Ultimately the best way to relieve pressures on communities is to stop the boats in the first place. Our Stop the Boats Bill will ensure illegal entrants to the UK can be detained and swiftly removed.
"The government continues work on delivering alternative asylum accommodation sites, including Scampton in Lincolnshire which will accommodate the first of its 2,000 asylum seekers this summer.
"Wethersfield, the Portland vessel and Scampton will house single adult male asylum seekers. The accommodation provided meets all relevant housing and health and safety standards.
"Resources provided onsite will include meals, onsite primary health care provision, a multi-faith room, recreational and indoor and outdoor exercise facilities.
"To reduce hotel use the Home Office is also making sure that migrants routinely share hotel rooms with at least one person where appropriate, in order to make progress on work to reduce the use of hotels and minimise the impact on communities while we stand up these alternatives sites.
Lawyers representing councils made complaints about ministers' use of planning rules. They said ministers could rely on 'permitted development rights' because there is no 'emergency'."
Legal arguments made in the judicial review
Lawyers also raised concerns about migrants being housed for longer than an initially envisaged 12 months.
Home Office ministers and Levelling Up, Housing and Communities ministers fought the claims.
Nineteen Lancaster bombers, crewed by 133 airmen, took part in Operation Chastise on the night of May 16 1943, known as the Dambusters Raid.
Led by Wing Commander Guy Gibson, the raid targeted three dams in the industrialised Ruhr region of Germany using the "bouncing bomb" invented by Barnes Wallis.
They successfully breached the Mohne and Eder dams, and the Sorpe was damaged.
Braintree Council reaction
Cllr Graham Butland, Leader of Braintree District Council, said:
“We have worked since March to make a strong case to the court that the Home Office acted unlawfully when making the decision to use RAF Wethersfield to house asylum seekers. We are of course disappointed with this outcome after months of work to present our case and evidence as we still believe it isn’t an appropriate site for a development of this scale given its remote location and the lack of capacity in local services.
“It was important for us to challenge this decision but we have to respect the judgement of the court and I am grateful for the support of residents, MP’s, businesses and communities throughout the process. Whilst we have initially appealed the decision, we will take some time to reflect on the decision and consider the council’s position.
"Meanwhile we will continue with our duty of care to support asylum seekers on site and helping to minimise impact on our local communities whilst the site is being utilised for this purpose.”