Residents' Group Loses High Court Challenge Over Migrant Camp in Ex-Army Barracks
A residents' organisation has been unsuccessful in its attempt to legally contest the Home Office's utilisation of a former army barracks as accommodation for migrants. Crowborough Shield initiated the legal proceedings after the government revealed in October that it was contemplating housing 540 men at the site located in the East Sussex town bearing their name.
Legal Proceedings and Judicial Ruling
Despite local protests and opposition from the council, the Home Office proceeded with its plans, relocating 27 men to the barracks last month. The community group had already launched their legal challenge in December, prior to the final decision to implement the scheme being made.
During a hearing at the Royal Courts of Justice in London on Wednesday, barristers representing the group argued that their clients were challenging the authorisation process for what they deemed an unlawful decision. They requested that a judge permit the claim to advance to a full hearing.
In written submissions, Alex Goodman KC, acting for the group, stated: 'The claim, in an orthodox way, sought to challenge a process while it was in train with a view to preventing a public authority from acting unlawfully.'
However, lawyers for the Home Office contended that the bid was 'totally without merit' and 'premature'. Mr Justice Mould concurred with this assessment in a ruling delivered on Friday, describing the group's action as 'indeed premature' since it was filed before the government decided to proceed with the plans in January.
Reasons for Dismissal and Future Plans
The judge noted that at the time the claim was initiated, there was 'no clearly determined policy to use the camp' for housing asylum seekers. He added that the bid was 'based on a series of assumptions and, to a significant degree, speculative', and that the group had 'jumped the gun'. Mr Justice Mould further remarked that once the Home Office made its decision in January, the legal claim 'should have been discontinued', and he could 'form no real understanding as to why it was not done'.
Nevertheless, the judge acknowledged that the department's January move was 'at least in principle' open to a legal challenge. He stated: 'There would be no real prejudice to the claimant, or any other putative claimants, in bringing judicial review proceedings against the actual decision made.'
Following the ruling, Crowborough Shield announced its intention to launch a new claim by Wednesday, the deadline for submitting a further challenge. Speaking on behalf of the group, member Matthew Shankland said: 'We believe that issuing this claim when we did was the only available course for our community. Our current inclination is to recommence proceedings next week.'
Financial and Community Impact
Mr Shankland revealed that the group has already expended over £100,000 on legal fees, and a new claim could incur similar costs. He urged Wealden District Council, which has previously opposed the use of the ex-barracks, to join them in the new legal challenge.
Kim Bailey, director and chairwoman of the group, indicated that a second claim would have a 'cost impact', and the decision to proceed would be made in consultation with the community. She affirmed: 'But we will be issuing again, before Wednesday.'
Background and Current Conditions
The Crowborough site, provided to the Home Office by the Ministry of Defence for a year, was previously used to accommodate Afghan families evacuated during the 2021 withdrawal from Kabul. In January, the Home Office stated that the site features 24/7 security with CCTV and strict sign-in processes, with residents undergoing pre-arrival health and police checks.
Recent reports indicate that the number of male migrants at the barracks has increased from 27 to 80 since January 22. Council members have raised concerns about an alleged knife attack at the site in early February, though police have denied the incident and the Home Office declined to comment.
Councillor James Partridge described the conditions as basic, noting that residents appeared cold and thin, with recreational facilities including snooker tables, table tennis, a gym, and an indoor football pitch. He criticised the Home Office for failing to engage with the community, stating: 'If I ever have a gravestone, it will probably say, the villain of the piece is the Home Office.'
Broader Context and Protests
The government's announcement about Crowborough in October coincided with efforts to reduce reliance on hotels for housing asylum seekers. Similar plans have been announced for Cameron Barracks in Inverness. Thousands of residents in Crowborough have held peaceful protests every Sunday since the plans were unveiled.
Recent data shows a decline in the number of asylum seekers in UK hotels and other contingency accommodation, along with a reduction in asylum applications and the backlog. The site is managed by Clearsprings Ready Homes, and migrants are required to sign in and out at the front gate.
