High Court Rules Shared Asylum Accommodation for Torture Survivors Unlawful

On 29 May 2026 the High Court, sitting under Mr Justice Sweeting, ruled that the Home Secretary’s policy change – introduced in February 2024 – which forced survivors of torture, trafficking and other serious violence to share rooms with strangers was unlawful. The judgment found that the department failed to consult the charities Freedom From Torture (FFT) and the Helen Bamber Foundation and did not assess the impact on vulnerable claimants despite longstanding evidence of serious risk of harm.

The Guardian

Home Secretary Shabana Mahmood has pursued a plan to move asylum seekers from hotels into shared accommodation and disused Ministry of Defence barracks, aiming to clear hotel placements by the end of the parliamentary term. Prior to the 2024 policy shift a “protective presumption” prevented torture survivors from being placed in shared settings. The current government continued the practice, prompting legal challenge by FFT and the Helen Bamber Foundation.

The Guardian

• Shabana Mahmood – Home Secretary overseeing the housing programme.

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• Freedom From Torture (FFT) – Charity representing torture survivors; legal challenger.

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• Helen Bamber Foundation – Charity supporting victims of severe abuse; legal challenger.

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• Natasha Tsangarides – Associate Director of Advocacy, FFT.

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• Kamena Dorling – Director, Helen Bamber Foundation.

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• Mr Justice Sweeting – Presiding judge.

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• Home Office spokesperson – Provided official response.

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• Akhter Computers – Harlow-based IT firm awarded a £322,000 contract for AI-based age-estimation software.

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• FFT estimates 10,000 torture survivors could be affected by the ruling.

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• 350 people have been moved into a former barracks at Crowborough, East Sussex (opened Jan 2026).

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• Plans to house an additional 300 asylum seekers at Cameron Barracks, Inverness, are delayed.

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• The Home Office has commissioned £322,000 for an AI facial-recognition algorithm to estimate the age of unaccompanied asylum-seeking children.

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The Home Office said it will “carefully consider” the judgment and decide whether to revert to the previous protective presumption or re-introduce the changes after stakeholder consultation, a formal impact assessment and expert evidence. A spokesperson added that “strict checks are in place to maintain high health and safety standards in asylum accommodation, and those who genuinely require additional support receive it.” The department also noted that lessons have been learned from large sites acquired under the previous government.

The Guardian

FFT and the Helen Bamber Foundation argue the policy placed vulnerable survivors in “harm’s way” and ignored extensive evidence of the need for separate accommodation. They describe the decision to force people into large, shared sites as a “political choice” that undermines recovery for torture victims.

The Guardian

• “The judgment makes clear that the government acted unlawfully in changing its policy. We have seen the consequences of those changes: survivors of torture have been placed in harm’s way,” — Natasha Tsangarides, Freedom From Torture

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• “These failures amount to a serious breach of [the home secretary’s] public law duties, rendering the impugned policy changes unlawful,” — Mr Justice Sweeting

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• “The decision to force more vulnerable people into large accommodation sites and shared hotel rooms was a political choice that ignored the evidence from those working with refugees every day.” — Kamena Dorling, Helen Bamber Foundation

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• “Lessons have been learned from large sites acquired under the previous government. Strict checks are in place to maintain high health and safety standards in asylum accommodation, and those who genuinely require additional support receive it.” — Home Office spokesperson

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• “vital and resounding victory” — Natasha Tsangarides, Freedom From Torture

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The Home Office’s claim of “strict checks” lacks independent verification, and no data have been released on the accuracy of the newly commissioned AI age-estimation tool. Additionally, the exact number of torture survivors currently housed in shared accommodation remains unspecified.

The Guardian

The Home Office must decide within the coming weeks whether to reinstate the protective presumption or to re-implement the shared-room policy after a formal impact assessment. Simultaneously, the AI-based age-verification system is slated for pilot testing at selected entry points, raising further questions about its reliability and ethical use.

The Guardian