Dear all,
I am writing to provide you with an update on our legal proceedings we pursued against the Home Office in relation to their Wethersfield Airfield Asylum Accommodation Centre.
You will be aware of the judicial review legal proceedings we have pursued against the Home Office, challenging them on their decision to use the RAF Wethersfield site as an asylum accommodation centre, the use of Class Q and the interpretation of an emergency.
Our Judicial Review was not successful, alongside the Judicial Review also pursued by West Lindsey District Council for RAF Scampton site and a resident from Wethersfield. We were then given permission by the High Court to appeal that decision, which was due to go before the Court of Appeal on 11 and 12 June 2024.
The council has spent the past few months reflecting on the detail contained within the Judicial Review judgement and taking time to consider the council’s position.
With the Home Office’s temporary planning permission through emergency permitted development rights now expired, and with the Special Development Order (SDO) now in place, we feel it is no longer expedient for Braintree District Council to pursue the appeal. The council submitted a request to the Court of Appeal for us to withdraw from that appeal process which was agreed by the court today. This is a joint application alongside West Lindsey District Council for their RAF Scampton site who have also withdrawn.
With the introduction of the SDO, which grants planning permission for the site to be used for asylum accommodation for a further three years with up to six months decommissioning and regularises the development of the site, our view is that it means those legal arguments brought through the judicial review process are now academic.
It is important now for us to preserve our funding and resources, so that we are able to robustly consider any potential future enforcement action that may arise under the SDO.
In making this decision, the council has had to weigh the advantages and disadvantages of continuing the legal action and determining whether the gain arising from the action is worth the risks associated such as additional costs incurred, adding to the council’s budget pressures, and impact on council resourcing.
The cost of the legal challenges has had to be met by taxpayers across the whole of the Braintree District, which has been another important consideration as part of this decision.
Since March 2023 we have worked on behalf of our communities to legally challenge the Home Office’s decision to use RAF Wethersfield as a centre for asylum accommodation and hold them to account, and I want to express my gratitude for the efforts of our legal team and the support of parish councils, members, partners, MP’s, residents, businesses and communities during this process. We know how important this site is to our communities and we are committed to continuing to do all we can to continue to represent their views, maintain an open dialogue with the Home Office and work with our partner agencies to ensure the needs of our community and those living on site are met whilst the site is in operation.
Officers continue to meet with the Home Office and the county council, health, police and fire services as part of the Multi-Agency Forum to raise questions and concerns about the asylum accommodation, to ensure there is minimal impact on residents that live nearby and local services whilst supporting asylum seekers coming to our district.
The council also continues to hold the Home Office to account on its asylum accommodation centre. We have written to the Home Office on numerous occasions requesting urgent copies of all relevant documentation and information associated with the SDO to ensure its compliance and to support our duty in safeguarding the interests of the local community and those living or working on site. The Home Office have indicated they will be sharing this information with us, and we will continue to work behind the scenes and explore all routes to make sure the site is operating in accordance with the SDO.
We will also continue to listen and work with the community regarding the future of the former RAF Wethersfield site, post the period of the SDO.
We have issued communications about this decision on the appeal which can be viewed on our website at www.braintree.gov.uk/wethersfieldairfield and is being shared on our social media channels.
The Home Office is responsible for the asylum accommodation centre and keeping residents updated. A monthly newsletter is published on the GOV website by the Home Office to provide residents with updated accurate and factual information about the asylum accommodation centre.
We would encourage you to share this with your constituents which also includes contact details to the Home Office directly should residents have any questions they would like to raise.
Kind regards,
Dan
Dan Gascoyne
Chief Executive
Braintree District Council
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