Council will not pursue asylum camp legal fight

A council has said it will not pursue any further legal action against the government's decision to house asylum seekers at Crowborough Army Camp.

More than 500 male asylum seekers are currently set to be housed at the East Sussex camp under Home Office plans, announced last year.

Wealden District Council (WDC) took part in a High Court case last week as an interested party but the judge rejected the claim brought by the campaign group Crowborough Shield.

WDC said, following legal advice from its King's Counsel team, fresh action would be unlikely to succeed, plus a new judicial review would "achieve nothing of practical value" and would risk wasting taxpayers' money.

Council leader James Partridge said it was a "major disappointment" but it would be "wrong to remain silent" about the legal advice it had been given.

The authority said it had been advised that although there were "arguable errors of law" in environmental assessments, ministers were now expected to correct them before another claim could be made.

It said even a successful challenge would be likely to result only in the Home Office re‑taking its decision, potentially extending the camp's use.

Lawyers also told the council they had found no legal argument capable of preventing the Home Secretary from using the site for asylum accommodation in principle.

The council said it had been advised there was also no basis to challenge the government's refusal to allow planning enforcement action.

The Home Office had used emergency planning powers - known as Class Q permitted development rights - to change the use of the site without going through the standard planning process.

Council lawyers said a High Court challenge arguing there was "no emergency" to justify using those powers had little or no prospect of success, despite similar arguments being accepted in previous cases.

They added that, unlike local campaigners, the council would not be protected by the Aarhus costs cap.

Under the Aarhus Convention, which the UK is a part of, the cap limits how much individuals and community groups can be ordered to pay in environmental legal disputes.

As a public body, the council could face an uncapped legal bill.

Partridge said: "We all wanted to stop the Home Office as this camp is good for no-one. The Home Office has failed Crowborough.

"But to keep fighting a legal challenge that is doomed to fail helps nobody. Throwing good money after bad is simply wrong.

"We must all now turn our attention to making sure that everyone feels safe and secure.

"We will continue to press the Home Office to do their job properly and to engage better with us all."

Crowborough Shield has until Wednesday to raise the remaining funds needed to continue its renewed judicial review bid.

It said on Facebook: "Disappointing though not surprising that Wealden District Council have chosen not to take action against the decision to use the Crowborough Army Training Camp as asylum accommodation.

"It is a complete betrayal to not even obtain the full facts before making their decision.

"At the very least we will try to obtain all the facts before making a decision because that is the right thing to do."

The Home Office has been contacted for comment.

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