Home Office faces legal action on ‘prison-like’ migrant hotels

Home Office faces legal action on ‘prison-like’ migrant hotels
Credit: theguardian.com

UK (Parliament Politics Magazine) – The Home Office faces legal action as charities warn its “prison-like” overcrowded migrant hotels are unsafe for vulnerable survivors of torture.

As reported by The Independent, two charities accuse the Home Office of housing trafficking and torture survivors in “prison-like” migrant hotels, forcing them to share rooms with strangers.

Which charities are taking the Government to court over unsafe asylum housing?

The Helen Bamber Foundation and Freedom from Torture criticize the government’s asylum housing, saying it leaves survivors of severe abuse

“at risk of serious harm in harmful and unsuitable asylum accommodation.”

Their case, scheduled for Tuesday and Wednesday, challenges policy changes that charities argue force survivors into overcrowded sites or shared asylum housing.

Charities argued the Home Office failed to consult them on policies introduced by the previous Conservative government in early 2024, which the Labour government still defends.

The move comes as the government faces growing criticism after Home Secretary Shabana Mahmood announced major reforms to the UK’s asylum system on Monday, 17 November, including changes to human rights laws to accelerate deportations.

The Helen Bamber Foundation said,

“Trafficking and torture survivors who come to the UK to find protection have fled some of the worst forms of human cruelty. They are often traumatised, isolated and at high risk of being exploited again. A sense of safety and security is incredibly important for them to recover.”

The group added,

“But since 2019, the Home Office has been placing them in ‘prison-like’ asylum sites or in overcrowded hotels where they are forced to share rooms with strangers. These conditions remind them of their past experiences of abuse and can be re-traumatising.”

They warned that the reforms

“significantly affect survivors’ mental health, feelings of safety, and the ability of human rights organisations to support survivors in their recovery.”

Before February 2024, the foundation said survivors of torture, trafficking, and serious abuse were generally protected from being required to share rooms.

The charity described the government’s action as “sudden and without warning,” saying it fundamentally changed the Allocation of Asylum Accommodation policy, which governs housing for people seeking refuge.

Helen Bamber Foundation and Freedom from Torture blame the home secretary for having

“breached her duty to consult with stakeholders”

and

“failed to adequately assess the impact of the changes on survivors.”

Natasha Tsangarides, Associate Director of Advocacy at Freedom from Torture, added,

“The previous government allowed an unforgivable crisis to develop in asylum accommodation and survivors of torture and trauma are paying the price. We are bitterly disappointed that the government has decided to uphold this damaging policy, which continues to cause harm to people who’ve already been through so much. It’s time for those in power to listen to the experts and provide safe and secure housing for people seeking sanctuary.”

What did torture survivors say about struggles in asylum housing?

Jacob, a survivor of torture and abuse with severe PTSD, said he constantly fears being forced to share a room again.

He said,

“I was so tired, and I needed to rest and sleep… I would rather move outside London than be in a room again with strangers. I don’t know anyone there, but I will bear it… You can’t imagine how I felt in that room – I couldn’t sleep, I was triggered because I felt unsafe.”

Jacob, in his early 40s, said his unstable housing caused him to struggle with eating, delay therapy, and self-harm, even facing the choice between a shared room or homelessness.

The Helen Bamber Foundation said it requested the Home Office not to make Jacob share a room due to severe mental health symptoms. Hotel staff later confirmed he will be alone, but his anxiety remains.

Mwa Mbuyi Kapinga, a survivor of torture and recognised refugee from the Democratic Republic of Congo, stated,

“People make a decision about your life very easily. They don’t consider everything… They don’t understand that it is your life. You are a number. You are a statistic. They think it’s the same story for everybody, which is not the case. They don’t see your vulnerability. They don’t see the impact of it on your life.”

During seven and a half years in asylum accommodation, she experienced living in a 15-person house and sharing her bedroom with a stranger.

She stated,

“You are exhausted like that, you close your eyes. And then someone comes to switch on the light, whilst you are already struggling with nightmares – so you think something is happening, so you jump, you think ‘they’re here to catch me or they want to kill me.’”

Kapinga said,

“It was really filthy. Nowhere to put your food. I spent three days without being able to cook, only eating cereal. It was so dirty I didn’t even shower.”

Her asylum housing left her in such distress that she contemplated suicide, adding,

“When a survivor faces situations like mine, it feels like you are on the edge.”

What are the major reforms to the UK asylum system under Labour?

Under Prime Minister Sir Keir Starmer’s leadership, Shabana Mahmood unveiled tough asylum measures to tackle deportations, which include:

  • Refugee status to become temporary, reviewed every 30 months instead of a five-year initial leave.
  • Escalated removal of families whose asylum claims have been refused, including children.
  • Financial support is offered to rejected families; enforced return if support is refused.
  • Legal requirement to support destitute asylum seekers is to be removed; support becomes discretionary.
  • Asylum seekers who can work, enter on work/student visas, commit crimes, or refuse deportation may be denied support.
  • Redefinition of “family” under Article 8 to limit rights to immediate family only, restricting extended family claims.
  • Policy modeled partly on the Danish “light touch” system.