High Court Grants permission for judicial review in legal challenge to long term use of Napier Barracks

The High Court has granted permission for a judicial review to proceed to a full hearing challenging the Home Office’s decision, without consultation, to continue using Napier Barracks as asylum accommodation for a further five years.

The Claimant is a local resident and a lead volunteer helping asylum seekers who are housed at Napier Barracks.

The Claimant is seeking to challenge the Home Secretary’s unilateral decision to extend her use of Napier Barracks near Folkestone in Kent for a further 5 years. She did so using emergency planning powers that avoided planning law controls and consultation with affected local people.

The High Court has granted permission for the claim to proceed to a full hearing on all grounds and the case will now receive fuller consideration at a substantive hearing.

The High Court has also made an order for expedition finding that it is in the public interest for any unlawfulness to be remedied as soon as possible. The Home Office will now file further evidence in the case before it goes to a final hearing later in early 2022.

Dan Carey of Deighton Pierce Glynn stated:

Government inspectors, health experts and many others have highlighted the harm caused to asylum seekers by housing them in military camp settings such as Napier Barracks.  But there are also wider concerns about ‘othering’ asylum seekers in this way, and, for local people, about the use of this large site for this use over such a long period. Planning law controls are there to enable local people to have their say in such matters and I am pleased that the High Court has decided to give the legal challenge a full hearing.”

The Claimant is represented by Daniel Carey, Emily Soothill, and Olivia Duffield of Deighton Pierce Glynn, instructing Alex Goodman, Alex Shattock and Charles Bishop of Landmark Chambers.

The Claimant is Crowdfunding to cover the costs of bringing the legal challenge here:


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