Legal Challenge

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Rother District Council and East Sussex County Council have said they did not receive any notification from the government over their plans, in a joint statement they released. They were only informed of the proposals a few hours prior to the government’s announcement of the plans on the 29th March 2023. Rother District Council have stated that they are currently considering legal options into the matter, and in the meantime are working with various bodies to share residents’ concerns about the proposal.

Over 150 charities have written to the Government saying this site is totally unsuitable, a sentiment echoed by local residents. Many have spoken out against the plans, decrying the use of such accommodation as entirely inappropriate for asylum seekers.

Potential areas of challenge

 The Home Secretary is planning to establish accommodation, as an alternative to hotel accommodation, using emergency powers to grant planning permission for 12 months, without any public consultation.

We are looking to challenge:

• The decision to circumvent planning laws by applying Class Q emergency planning powers
• The lack of consultation of local stakeholders
• The lack of transparency and information about the decision making, in particular the impact on the environment and other factors, given the proximity to the Pevensey Levels.

What are we trying to achieve? 

By bringing this legal case, we are trying to stop the plans going forward, as the Home Office is preparing to purchase the site and accommodate around 800 asylum seekers at Northeye by September.

Residents of Bexhill have expressed their disappointment at the lack of consultation from the government, and have many concerns about the proposals. Following news of the Home Office’s plans, Bexhill residents have protested. Many are concerned about the impact of the plans on council services.

The majority of residents present at the consultation opposed the plans.

In addition to this, protests have been held since the announcement of the proposals, from both pro-refugee and those against the use of the site. Videos from these protests have since been shared by far-right figures on social media, which is concerning, given the incidences of violence against asylum seekers by such groups.

What is the next step in the case?

 Home Office / Department for Levelling Up have purchased the Northeye site. It is now Crown Land and my legal team are now reflecting on the best way forward (edited 21/10/2023)

How much we are raising and why?

As of 17th June 2023 I have raised  £16.5K  to cover the initial legal costs in this case.

I have instructed a legal team at Duncan Lewis Solicitors, who have experience in challenging unlawful decisions by the Home Office. Some of their work has included a similar challenge to Home Office plans to accommodate asylum seekers in temporary pre-fabricated accommodation next to Yarl’s Wood Immigration Removal Centre, which had the effect of successfully stopping the plans going forward. 

We plan to engage in communications to comply with the pre-action protocol.  Such communications provides an opportunity to explain the legal and factual basis on which we oppose the proposals, and potentially resolve the issues before bringing court proceedings.

Thank you for your help and assistance.