[2025] EWCA Civ 1134

Following the use of the Hotel in April 2025, three arrests have been made by the police in respect of individuals accommodated at the Hotel. They are as follows (based upon press releases by the police save for the court proceedings in (iii)):

Following the incident on 8 July, there has been protest activity outside the Hotel, the essence of the protest being that the Hotel should no longer be used to house asylum seekers. The first protest on 11 July was conducted by local residents. However, as the issue concerning the Hotel gained national prominence, the second and subsequent gatherings were larger with the number of protesters increasing to include those who had travelled into Epping to protest. There have been marches on Epping High Street as well as counter protests. Violent and disorderly incidents connected with the protests are said to include the following: an assault on two security staff from the Hotel; a male shouting abuse outside the Hotel and drawing graffiti on its windows; and protesters using fireworks and throwing eggs. On 17 July, the protest was initially peaceful, but became disruptive subsequently some protesters threw projectiles at police officers and the Hotel, smashing police vans and vehicles and causing damage to the Hotel. Eight police officers were assaulted and suffered minor injuries. As of 3 August 2025, the police reported that 25 people had been arrested in connection with offences at these protests and 16 had been charged.

As a result of these protests and in order to keep them under control and reduce disruption to the wider community, Essex Police have put in place a number of measures including restrictions under section 14 of the Public Order Act 1986 namely that (1) any public assembly in the vicinity of the Hotel must take place on the south side of the B1393 High Road Epping opposite the Hotel behind the area marked off by metal fencing and (2) all protest activity must cease at 8:30pm.

When the previous contracts operated in the period 2020 to 2024, no continuous monitoring by the police was required; current police presence and monitoring has been necessitated by the protests commencing in July 2025. The objective of the police presence is to ensure the safety of the occupants of the Hotel, nearby residents and the wider community.

The protests are said to have had a detrimental effect not only on those who live in Epping but also on the asylum seekers who are resident in the Hotel, many of whom are vulnerable and/or suffering from mental health issues. The protests have an effect on local staff working in the Hotel. Increased security is now present on site and fencing and access gates have been erected around the building in order to protect the residents and staff in it.

It is the Council’s contention that there has been harm to the amenity of the local area from the nature of the use of the Hotel and associated, sustained protests and disturbance, heightening the risk and fear of crime and resulting in occupants of the Hotel being socially excluded from the community. In addition, there is significant detriment to the amenities of nearby residential properties by reason of the noise disturbance.