The High Court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation, after three young asylum seekers won the right to be taken into the care of social services. The three, who claim to be 17 years old, arrived in the UK in July and August 2020.
Hillingdon Council in west London had argued that the youths could be placed in a hotel alongside more than 400 adult asylum seekers while awaiting age assessments. However, Mrs Justice Lang ruled that this was a significant departure from past practice and that the council was failing in its duties under the Children Act 1989.
Lawyers for the youths presented evidence that the three were isolated, fearful of leaving their rooms, and had minimal contact with anyone. They also faced difficulties with food, laundry, and clothing, and had no access to education or English lessons.
The judge ordered that the children be taken into the care of Hillingdon social services, which has now been done. She also granted permission for the case to proceed to a full judicial review.
Antonia Benfield, barrister for the children, said: 'Many children arriving in the UK as unaccompanied asylum-seeking children have undergone traumatic journeys. They are particularly vulnerable and require safe and stable accommodation.' Judith Dennis of the Refugee Council added: 'Hotels and other asylum support accommodation are designed for adults, not frightened, lone children.'
It is understood that several other children in similar situations are considering legal action against local authorities. Kent County Council stated it does not accommodate unaccompanied asylum-seeking children in public hotels, while the Home Office and Hillingdon Council have been approached for comment.
