Another council could soon take legal action to evict asylum seekers living at a migrant hotel, the Daily Mail can reveal.

Wirral Council has confirmed it has initiated a ‘legal file’ to explore the possibility of taking enforcement measures to prevent a Holiday Inn Express in its jurisdiction from being used as migrant lodging.

This action presents a potential issue for the Home Office as it is concerned that any successful effort to relocate asylum seekers from a hotel could establish a precedent, resulting in other councils achieving similar outcomes.

This follows the initial victory of the Epping Forest District Council in Essex, which is Tory-led, in obtaining a temporary injunction on August 19 this year that required asylum seekers to vacate The Bell hotel in the town within 24 days.

The council decided to take action after an Ethiopian man residing at the hotel sexually assaulted a 14-year-old girl and a woman, sparking a series of protests in the town over the summer and leading to similar demonstrations outside other migrant hotels nationwide.

The temporary injunction was reversed by the Court of Appeal on August 29, permitting up to 138 migrants to remain in The Bell, following a challenge by the hotel owners and the Home Office.

The appeal judges supported the Home Office’s assertion that the initial ruling could have a ‘serious impact’ on the Government’s capacity to accommodate refugees and could incite further protests against asylum hotels.

Anti-migrant protesters in Epping last August. The Tory-run Epping Forest District Council in Essex won a temporary injunction on August 19 this year ordering asylum seekers to leave The Bell hotel

The Holiday Inn Express in Hoylake, on the Wirral. Wirral Council has confirmed it has opened up a ‘legal file’ to investigate the possibility of taking enforcement action to prevent

Epping Forest District Council is pressing ahead with its legal challenge with a hearing due at the High Court on October 15 when it will argue that using The Bell Hotel as an asylum hostel goes against its designated planning use as a hotel for paying guests.

Despite the Court of Appeal judgement suggesting that the future case is unlikely to succeed, it has not deterred Wirral Council from potentially fighting a similar claim against the housing of migrants in the Holiday Inn Express in the seaside town of Hoylake.

The council on Merseyside insisted in response to a Freedom of Information request from the Daily Mail that it was currently not fighting a ‘legal case’ against the use of the hotel which would have challenged the policy of the Labour Government.

But the council added in its response: ‘There is an ongoing planning enforcement investigation relating to this property.

‘The Legal section is supporting and advising on this ongoing enforcement case and

has a legal file open for this purpose.’

The council refused to divulge any details related to ‘the ongoing enforcement investigation’, citing that it did not have to do so as files regarding council investigation can be exempt from FOI requests.

The hotel in Hoylake has been used to house asylum seekers since 2022 when RNLI volunteers on a training day were controversially kicked out midway through their stay to make room for migrants.

Protesters and counter-protesters outside a different hotel in Hoylake in August

The Bell Hotel in Epping. Epping Forest District Council is pressing ahead with its legal challenge with a hearing due at the High Court on October 15 when it will argue that using The Bell Hotel as an asylum hostel goes against its designated planning use

It has also been a target for protests since 2023, fuelled by local outrage over plans to house single male migrants, rather than families at the 56 room three star hotel, even though the proposals have never been carried out.

The council’s FOI response added: ‘The Council is aware of the public protests requiring a police presence that have taken place in the immediate area of the property and understands the interest surrounding the use of the hotel, however it is not in the public interest at this time to release information contained within the planning enforcement case file.

‘I can confirm that Wirral Council holds the information you requested. However, we are

withholding that information since we consider that the following exceptions apply to it.’

Paula Basnett, the Labour leader of Wirral Council, confirmed in August after Epping Forest District Council’s initial legal success that she had asked officers to seek ‘urgent legal advice’ to see if the local authority could oppose the use of the Holiday Inn Express for asylum seekers.

She said at the time: ‘The situation in Wirral with the continued use of hotels as asylum accommodation is unacceptable.

‘Recent legal developments in other parts of the country have shown that councils can successfully challenge the Government’s approach.

‘In light of this, I have instructed that urgent legal advice be sought on whether Wirral Council can pursue similar action to protect our communities.

‘Wirral has always shown compassion towards those in genuine need. But compassion does not mean central government can impose poorly thought-through, short-term solutions that undermine local communities and ignore democratic accountability.’

A spokesperson for Wirral Council said it had nothing to add to its FOI response.