Home secretary Yvette Cooper acted unlawfully in housing three asylum seekers at a “prison-like” former RAF base, the High Court has found.
Ms Cooper made “a most serious and inexplicable omission” by failing to assess the impact of housing vulnerable asylum-seekers there – meaning those with special needs or disabilities potentially being accommodated at the Essex site, the court heard.
And, in a damning judgment for the government, the court found that it remains in breach of the law over a failure to fulfil its duties to migrants with special needs under the Equality Act.
Refugee charity Care4Calais called for RAF Wethersfield, opened by Suella Braverman and inherited by James Cleverly and Ms Cooper, to be closed following the judgment that people have been unlawfully accommodated at the site.
Responding to the judgment, chief executive Steve Smith said: “Today’s legal judgement is confirmation that the Wethersfield camp is not suitable accommodation for people seeking sanctuary in the UK.
“The mental despair this camp has inflicted on its residents cannot be overstated. The daily stories of self-harm, depression and anxiety led us to initiate this legal challenge, and today the High Court has found that the Government has broken the law by accommodating survivors of torture and modern slavery in the camp.
“The government has a moral duty to act on today’s legal judgement.”
Mr Smith said the government had closed the Bibby Stockholm migrant barge which housed asylum seekers and “must now do the same with Wethersfield”. “Everyone seeking safety in the UK deserves to be housed in communities, not camps,” he added.
Any closure of Wethersfield could scupper the government’s mission to scale back the use of hotels for asylum seekers and drive up the cost of accommodation for migrants.
Care4Calais launched the legal action against the Conservative government in 2023, arguing Wethersfield is a de facto detention centre and not suitable for long-term accommodation, with asylum seekers confined to the camp, apart from at certain times when a bus is able to take them out. Initial plans were for up to 1,700 migrants to be housed at the airfield, but there are currently around 580 on the site.
And during the case, the court heard that the health of asylum seekers was being seriously harmed by being accommodated at Wethersfield. Home Office and British red Cross reports also revealed serious concerns about the site, including recurring violence, high levels of suicidal ideation and overwhelmed staff.
Violent incidents, harassment and victimisation motivated by racial tensions and discrimination took place under the Home Office’s watch, the court heard.
The Independent has repeatedly drawn attention to conditions on the site, including speaking to residents about the mental health crisis unfolding inside.
One described how seeing people attempt suicide has become almost routine, while another said fights were common, especially in the dining room over food portions.
Last year The Independent also revealed the slew of ambulances being called to attend incidents at Wethersfield amid a rise in the number of men attempting suicide.
But despite the judgment, there is no legal imperative for the government to shut the site down, meaning asylum seekers can continue being housed there.
